City of Hackensack, NJ Chapter 147 Special Improvement District

[HISTORY: Adopted by the City Council of the City of Hackensack 8-18-2003 by Ord. No. 10-2003. Amendments noted where applicable.]

GENERAL REFERENCES

Building, housing and land use development — See Ch. 6.

Economic Development Commission — See Ch. 15.

Housing and property maintenance — See Ch. 100.

Licenses and permits — See Ch. 107.

Uniform construction code enforcement — See Ch. 166.

Zoning — See Ch. 175.

§ 147-1 Legislative findings.

The Mayor and Council hereby make the following findings:

A. The area described on Schedule A[1] attached to this chapter and made a part hereof would benefit from being designated as a special improvement district and, therefore, it is in the best interest of the City of Hackensack and the public to create a special improvement district and to designate a district management corporation;

[1] Editor's Note: Schedule A is on file in the City offices.

B. The designated district management corporation would provide administrative and other services to benefit the business, employees, residents and consumers in the special improvement district; and

C. Business license fees and special assessments on commercial properties should be imposed and collected by the City, and these payments shall be transferred to the district management corporation to effectuate the purposes for which the district was established and to exercise the powers given to it by this chapter.

§ 147-2 Creation of district.

[Amended 2-22-2005 by Ord. No. 5-2005[1]]

Pursuant to the authority granted by N.J.S.A. 40:56-65 et seq., there is hereby created and designated within the City of Hackensack a special improvement district known as the "Main Street Improvement District" (the "District"). This area of the City within the City is designated by street address and tax lot and block number on Schedule A, attached hereto.[2]

[1] Editor's Note: This ordinance repealed former Subsection B of this section, which pertained to “commercial” property devoted to residential use.

[2] Editor's Note: Schedule A is on file in the City offices.

§ 147-3 Designation of district management corporation.

The Mayor and Council hereby designate the nonprofit corporation known as "The Main Street Business Alliance, Inc.," as the district management corporation for the District.

§ 147-4 Revenue-raising methods.

A. Improvements and operations in the District shall involve annual costs. Those annual costs relate to the costs of improvements and of services peculiar to the District and are distinguished from services normally provided by the City outside of the District. Those improvements and services will provide benefits primarily to the property and businesses included in the District rather than to the City as a whole.

B. The revenue necessary to meet the annual costs of operation and/or improvements to the District shall be raised from the following sources:

(1) Grants from federal, state and county governments and other sources;

(2) Direct appropriations in the budget of the City of Hackensack in such amounts, if any, as the Mayor and Council shall determine;

(3) Special assessment against all commercial properties in the District as authorized by N.J.S.A. 40:56-80; and/or

(4) Business license fees imposed on all businesses operating in the District as authorized by N.J.S.A. 40:56-85. Those business license fees shall be set and determined in the manner described in Chapter 107 of the Code of the City.

§ 147-5 Annual budget of district management corporation.

A. The annual budget of the district management corporation shall be adopted in accordance with N.J.S.A. 40:56-84 and the procedures set forth in this section.

B. No later than December 1 of each year, the district management corporation shall submit the following information to the Mayor and Council:

(1) A detailed annual budget for the District for the ensuing fiscal year as approved by the district management corporation. The budget shall contain:

(a) An estimate of the costs of operating and maintaining and improving the District for the next fiscal year; and

(b) A summary of the categories of cost properly chargeable as follows:

[1] The amount of those costs to be raised by grants;

[2] The amount of those costs, if any, to be raised from the general funds of the municipality;

[3] The amount of those costs to be raised from business license fees;

[4] The amount of those costs to be charged and assessed against commercial properties benefited in the District; and

[5] The amount of costs, if any, to be specially taxed against properties in the District.

(2) A report which explains how the budget contributes to the goals and objectives for the District.

§ 147-6 Special assessment process.

A. Following adoption of the budget for the District, the Tax Assessor shall prepare an assessment roll setting forth separately the following information:

(1) The amounts to be specially assessed against the benefitted and assessable commercial properties in the District as recorded and listed in Schedule A,[1] in proportion to the benefits.

[1] Editor's Note: Schedule A is on file in the City offices.

(2) Descriptions of such commercial properties; and

(3) The names of the then-current owners of such commercial properties, so far as names are available. The completed assessment roll shall be filed in the office of the Municipal Clerk and shall be available for inspection during regular business hours of that office.

B. This special assessment shall be collected by the City with the regular property tax payments.

§ 147-7 Handling of revenue.

A. All of those monies collected by the City for the District shall be transferred to or for the benefit of the district management corporation to effectuate the purposes of this chapter. Those monies shall be credited to a special account.

B. The Mayor and Council are authorized to incur the annual costs of improving, operating and maintaining the District during any fiscal year, though not specifically provided for by line item or other category in the approved budget for such fiscal year, if in the discretion of the Mayor and Council the cost is deemed necessary to be expended prior to the succeeding fiscal year and so long as the total amount of the special account as approved for that year is not exceeded by that expenditure.

C. The City shall pay over funds to the district management corporation quarterly on the first day of March, June, September and December of each year. The City shall not be obligated to pay over funds not received by the City.

§ 147-8 Audit of district management corporation.

A. The district management corporation shall employ a certified public accountant of New Jersey to conduct an annual audit of its books, accounts and financial transactions.

B. The annual audit shall be completed and filed with the Mayor and Council within four months after the close of the fiscal year of the district management corporation, and a certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs within five days of the filing of the audit with the Mayor and Council if required by law.

C. The Mayor and Council may cause an audit of the district management corporation to be conducted.

§ 147-9 Report to governing body.

The district management corporation shall, within 30 days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Mayor and Council.

§ 147-10 Facade and streetscape regulations.

A. It is the intention of the Mayor and Council to encourage the creation of appropriate and aesthetically pleasing standards for architectural style of all structures in the District which are or become used, whether all or in part, for nonresidential use. The district management corporation shall prepare an implementation plan and design manual (the "plan and manual") to carry into effect the intention described in this subsection. All facades shall be consistent with the objectives to be outlined in the plan and manual. The plan and manual must be approved by the Mayor and Council by ordinance prior to it becoming legally binding.

B. After approval of the plan and manual, no construction permit shall be issued for the construction, alteration or signage of any building or structure in the District, used in whole or in part for nonresidential purposes, without the prior review and approval of plans by the Planning Board. The district management corporation shall review all said plans and shall recommend to the Planning Board approval or disapproval of said plans with a copy of said recommendations to be delivered to the applicant. The Planning Board shall take final action over any application.

§ 147-11 Municipal powers retained.

A. Notwithstanding the creation of the District, the City of Hackensack expressly retains all its powers and authority over the area designated as within that District.

B. Nothing contained in this chapter shall be interpreted or construed to be a vacation, in whole or in part, of any municipal street or part of any street.

C. The district management corporation shall not make or enter into any contracts for the improvement of any publicly owned or operated facility or property within the special improvement district nor adopt any regulations relating to public property in the District.

D. The district management corporation shall comply with all applicable ordinances or regulations of the City of Hackensack.

E. Notwithstanding anything contained in this chapter, the Mayor and Council may at any time subsequent to the adoption of this chapter:

(1) Abandon the operation of the District;

(2) Change the extent of the District;

(3) Supplement or amend the description of the District to be specially assessed or taxed for annual costs of the District;

(4) Change or repeal any plan, rules, requisitions or limitations adopted for the operation of the District; or

(5) Rescind the designation of or re-designating a district management corporation.

§ 147-12 Effective date.

A. The District shall become operable when the bylaws of the Main Street Business Alliance, Inc., are duly adopted by the Trustees and approved by resolution of the Mayor and Council.

B. Until the approval of the bylaws described in § 147-12A is accomplished, no assessments or business license fees to support the special improvement district may be imposed on any property or business in the District.

§ 147-13 Severability.

If any provisions of this chapter should be held invalid, or contrary to law, then such provision of this chapter shall be deemed separable from the remaining provisions of this chapter and shall in no way effect the validity of the other provisions of this chapter.