[HISTORY: Adopted by the Board of Commissioners
of the Borough of Haddonfield 2-10-2004 by Ord. No. 6-2004. Amendments noted where
applicable.]
GENERAL REFERENCES
Land development — See Ch. 135.
As used in this chapter.
The Borough of Haddonfield, County of Camden, State of New
Jersey.
The Board of Commissioners of the Borough of Haddonfield.
The "Partnership For Haddonfield, Inc.," a nonprofit corporation
created and incorporated pursuant to N.J.S.A. 15A:1-1 et seq., and
designated by this chapter to receive funds collected by a special
assessment within the Business Improvement District as authorized
by N.J.S.A. 40:56-65, et seq.
The Business Improvement District; an area within the Borough
designated by this chapter as an area in which a special tax assessment
shall be imposed on properties within the District for the purposes
of promoting the economic and general welfare of the District ands
the Borough.
The Borough Commissioners of the Borough of
Haddonfield thereby find as follows:
A.
The business community of the Borough should be encouraged
to provide self-help and self-financing programs to meet its business
needs, goals and objectives.
B.
Certain areas within the Borough, as described in
this chapter by lot and block number and by street address, will benefit
from being designated as a "special improvement district."
C.
A District Management Corporation will assist the
Borough in promoting economic growth and employment within the District
and will provide administrative and other services to benefit the
businesses, employees, residents and consumers in the District. Such
services will be in addition to the services already provided to the
District by the Borough.
D.
A special assessment tax shall be imposed and collected
by the Borough in the manner in which all property taxes are collected,
together with the regular property tax payment or payment in lieu
of taxes or otherwise, and all of the special assessment taxes shall
be transferred to the District Management Corporation to exercise
the powers given to it by this chapter and to effectuate the purposes
of N.J.S.A. 40:56-65 et seq. It shall be the obligation of the Borough
to turn over to the Corporation all of the funds which have been assessed.
E.
It is in the best interests of the Borough and the
public to create the District and to designate the District Management
Corporation pursuant to the provisions of N.J.S.A. 40:56-65 et seq.
A.
There is hereby created and designated within the
Borough of Haddonfield a special improvement district pursuant to
N.J.S.A. 40:56-65, et seq. which shall be known as the "Haddonfield
Business Improvement District," which is contiguous with the municipal
boundaries, and which is further described in Schedule A[1] attached, consisting of the commercial properties described
by Tax Map block and lot, and street address.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
All of the properties included in the Business
Improvement District, as described in this chapter, except for those
exempted by this chapter, shall be subject to having imposed thereon
by the Borough a special assessment tax for the purposes of promoting
the economic and general welfare of the District and the Borough.
Such funds raised by the tax assessments shall be spent on those purposes
permitted by N.J.S.A. 40:56-65 et seq., and specified in the annual
budget approved pursuant to said statute and this chapter.
[Amended 10-12-2004 by Ord. No. 26-2004; 4-22-2008 by Ord. No. 2008-11]
All costs of improvements and maintenance, other
than the costs of improvements and maintenance budgeted and paid for
by the Borough of Haddonfield out of general funds, shall be determined
and approved pursuant to N.J.S.A. 40:56-80 or 40:56-85, as determined
by the District Management Corporation. The formula for the special
improvement district assessment is as follows:
A.
Each property's assessed value, as determined by the
Borough of Haddonfield Tax Assessor for real estate tax purposes,
will be multiplied by the appropriate tax rate needed to raise funds
to sustain the approved annual budget.
B.
Properties within the Business Improvement District
that are subject to the special assessment shall be separated into
two categories as follows:
(1)
Special District 1: Properties that are completely
or partially nonresidential in the business zones (CBD, C and O) and
properties that are completely nonresidential in nonbusiness zones,
as listed in Schedule A.
(2)
Special District 2: Properties that are partially
nonresidential in nonbusiness zones, as listed in Schedule B.
C.
The appropriate tax rate to be applied to each category
of property shall be calculated to generate the amount required to
fund the budget adopted per this Ordinance wherein the rate for properties
in Special District 2 shall be 50% of the rate for properties in Special
District 1.
D.
The foregoing assessment shall be collected by the
Borough as a special assessment against the properties that are within
the district as defined in Schedules A and B per the above.
The following properties are exempt from the
special assessment and tax of this chapter:
A.
Property owned by a municipal, county, state, or federal
government.
B.
Property used exclusively for a residential purpose.
C.
Property that is unimproved, undeveloped, and in a
residential zone.
D.
Exempt properties, under the New Jersey Real Estate
Tax laws, including public school property, church property, cemeteries,
parochial school property, exempt charity owned property, and other
such exempt property.
E.
Properties owned by nonprofit recreational, cultural
or fraternal organizations and used for that purpose.
[Added 10-12-2004 by Ord. No. 26-2004]
The nonprofit Corporation created pursuant to
N.J.S.A. 15A:1-1, known as "Partnership for Haddonfield Inc.," is
hereby designated as the District Management Corporation for the District.
Said Corporation is hereby designated as eligible to receive and spend
funds collected as special assessments within the District. It shall
conduct its business in accordance with the Open Public Meetings Law.
It shall have no power of condemnation or eminent domain. It shall
regularly file copies of the minutes of its meetings with the Borough
Clerk in order that such minutes may be conveniently available to
the public for inspection, and it shall be subject to the Open Public
Records Act.
The District Management Corporation, created
pursuant to N.J.S.A. 15A:1-1 et seq., shall be created in compliance
with the following:
A.
The Board of the District Management Corporation shall
consist of 11 members, one of whom shall be a Commissioner of the
Borough of Haddonfield as required by statute.
B.
The members of the Board and its Chairperson shall
be appointed by the Commissioners.
C.
The Board shall be composed of individuals from the
following categories:
[Amended 3-23-2004 by Ord. No. 9-2004]
(1)
Three individuals who are licensed professionals,
licensed occupations, service providers or operate a non-retail commercial
business in the District; however, they need not be residents of Haddonfield.
(2)
Three individuals who own retail businesses in the
District; however, they need not be residents of Haddonfield.
(3)
Three individuals, each of whom owns real property in the District that is not exempt under § 197-6 of this chapter and is subject to the special assessment tax recited herein; however, they need not be residents of Haddonfield.
(4)
One Borough Commissioner.
D.
The terms of all Board Members, except the Commissioner,
shall be for three years.
[Amended 3-23-2004 by Ord. No. 9-2004; 4-22-2008 by Ord. No. 2008-11]
E.
The Borough Commissioner's term shall be for that
Borough Commissioner's term on the Board of Commissioners.
F.
The individual appointed as Chairperson shall serve
in that capacity at the pleasure of the Board of Commissioners.
G.
All Board Members shall serve without compensation;
however, out-of-pocket expenses may be reimbursed.
H.
The Board shall also consist of two Alternate Class
Board Members appointed by the Commissioners.
[Added 10-12-2004 by Ord. No. 26-2004]
(1)
The term for each Alternate Class Board Members shall be one year
effective June 1 of each year.
[Amended 7-12-2016 by Ord. No. 2016-12]
(2)
The Alternate Class Board Member may be an individual who qualifies under any of the categories in Subsection C above, except for C(5) Borough Commissioner;
(3)
The Alternate Class Board Members shall be designated
at the time of their appointment as "Alternate No. 1" and "Alternate
No. 2." Alternate members may participate in the proceedings but may
not be counted for a quorum or vote except in the absence or disqualification
of a regular member. In the event of one or more vacancies, Alternate
No. 1 shall be permitted to fill the first vacancy and Alternate No.
2 shall be permitted to fill the second vacancy at the same meeting.
[Amended 3-23-2004 by Ord. No. 9-2004]
A.
The governing body of the Borough of Haddonfield hereby
designates Partnership for Haddonfield, Inc. ("District Management
Corporation"), a non-profit corporation, as the District Management
Corporation for the District.
B.
That the District Management Corporation, in addition
to acting as an advisory board to the governing body, shall also have
all powers necessary and requisite to effectuate the purposes of this
ordinance, including but not limited to:
(1)
Adoption of bylaws for the regulation of its affairs
and the conduct of its business and prescribe rules, regulations and
policies for the performance of its functions and duties;
(2)
Employ such persons as may be required and fix and
pay their compensation from funds available to the Corporation;
(3)
Apply for, accept, administer and comply with requirements
respecting an appropriation of funds or a gift, grant or donation
of property or money;
(4)
Make and execute agreements which may be necessary
or convenient to the exercise of the power and functions of the Corporation,
including contract with any person, firm, corporation, government
agency or entity;
(5)
Administer and manage its own funds and accounts and
pay its own obligations;
(6)
Borrow money from private lenders for periods not
to exceed 180 days and government entities for that or longer periods;
(7)
Fund the improvement of exterior appearance of properties
in the District through grants and loans;
(8)
Enforce the conditions of any loan, grant, sale or
lease made by the corporation;
(9)
Provide security, sanitation, and other services in
the District supplemental to those normally supplied by the Borough
of Haddonfield;
(10)
Undertake improvements designed to increase
safety, attractiveness of the District to businesses which may locate
there or visitors to the Districts, including but not limited to parking,
litter clean up and control, landscaping, signage, and those improvements
generally permitted for pedestrian malls under N.J.S.A. 40:56-66,
pursuant to pertinent regulations of the governing body;
(11)
Publicize, promote, and plan for the District
and the businesses included within the district boundaries;
(12)
Recruit new businesses to fill vacancies in,
and to balance the business mix of, the District;
(13)
Organize special events in the District;
(14)
Provide special parking arrangements for the
District;
(15)
Provide temporary decorative lighting in the
District; and
(16)
Effectuate the purpose and intent of N.J.S.A.
40:56-66, as amended.
The District Management Corporation shall not
discriminate against anyone because of age, race, creed, color, national
origin, ancestry, marital status, gender, or handicap.
A.
The fiscal year of the District and of the Corporation
shall be the calendar year. The Corporation shall submit, no later
than December 15 of the pre-tax year, a detailed annual budget for
approval by the Commissioners.
[Amended 4-22-2008 by Ord. No. 2008-11]
B.
The budget shall be submitted with a report which
explains how the budget contributes to the goals and objectives of
the District. The budget shall be reasonably itemized.
C.
The budget shall be processed and adopted by the Commissioners
in accordance with the following procedures, as set forth in N.J.S.A.
40:56-84;
(1)
The budget shall be introduced, approved, amended
and adopted by resolution passed by not less than a majority of the
full membership of the Borough Commissioners. The procedure shall
be as follows:
(2)
The budget shall be introduced in writing at a meeting
of the Commissioners. Approval thereof shall constitute a first reading
which may be by title. Upon the approval of the budget, the Commissioners
shall fix the time and place for the holding of a public hearing on
the budget. The hearing shall be held not less than 28 days after
approval of the budget.
(3)
The budget shall be advertised after approval. The
advertisement shall contain a copy of the budget and shall set forth
the date, the time and place of the hearing. It shall be published
at least 10 days prior to the date fixed therefor in a newspaper circulating
in the Borough.
(4)
No budget shall be adopted until a public hearing
has been held thereon and all persons having an interest therein shall
have been given an opportunity to present objections.
(5)
The public hearing shall be held at the time and place
specified in the advertisement thereof, but may be adjourned from
time to time until the hearing is closed. The budget, as advertised,
shall be read at the public hearing in full, or it may be read by
its title, if:
(a)
At least one week prior to the date of the hearing,
a complete copy of the approved budget, as advertised:
(6)
After closing the hearing, the Commissioners may adopt the budget by title, without amendments, or may approve amendments before adoption, as provided in Subsection C(7) below.
(7)
The Commissioners may amend the budget during or after
the public hearing. No amendment by the Commissioners shall be effective
until taxpayers and all persons having an interest therein shall have
been granted a public hearing thereon, if the amendment shall:
(a)
Add a new item in an amount in excess of 1%
of the total amount as stated in the approved budget;
(b)
Increase or decrease any item by more than 10%;
or
(c)
Increase the amount to be raised pursuant to
section 16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80) by more than 5%,
unless the same is made pursuant to an emergency temporary appropriation
only.
(8)
Final adoption of the budget shall be by resolution,
adopted by the majority of the full membership of the Board of Commissioners,
and may be by title.
D.
Moneys appropriated and collected on account of annual
improvement costs, and costs of operating and improvement costs, and
costs of operating and maintaining a special improvement district,
shall be credited to a special account. Any balances to the credit
of the account and remaining unexpended at the end of the fiscal year
shall be conserved and applied towards the financial requirements
of the succeeding year.
E.
The Borough shall pay over funds to the Corporation
on a schedule to be agreed upon between the Commissioners and the
Corporation.
F.
The annual costs of operating, maintaining and improving
the District, assessed, collected and appropriated, shall be reported
to the Commissioners as provided in N.J.S.A. 40:56-80.
By December 1 of each pre-tax year, a review
of the assessment list, per Schedule A attached, shall be done as
follows:
A.
The Borough Tax Assessor shall prepare a list of all
benefited and assessable properties in the District. The list will
include the block, lot, location, mailing address, preliminary assessment,
and the names of the then-current owners of such properties, so far
as names are available.
B.
The assessment list, when so prepared, shall be filed
in the office of the Borough Clerk on or before August 1 of the pre-tax
year and be available there for inspection.
C.
The Commissioners shall annually meet to consider
including or excluding certain properties from the District at least
10 days after a notice of hearing has been published once in the official
newspaper and mailed to the named owners of all tracts, parcels and
lots of property proposed to be included or excluded from the list.
The notice shall set forth the time and place of meeting and set forth
the purpose of such meeting, but may refer to the assessment list
for further particulars.
D.
When the Commissioners shall have approved the amended
assessment list, the Borough Clerk shall forthwith certify a copy
of the assessment list, with such changes, if any, to the Haddonfield
Borough Assessor by no later than December 1 of the pre-tax year.
The Corporation shall cause an annual audit
of its books, accounts and financial transactions to be made and filed
with the Commissioners and, for that purpose, the Corporation shall
employ a New Jersey Certified Public Accountant. The annual audit
shall be completed and filed with the Commissioners within four months
after the close of the fiscal year of the 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 Commissioners.
The Corporation shall, within 30 days of the
close of each fiscal year, make an annual report of its activities
for the preceding fiscal year to the Commissioners.
Notwithstanding the creation of the special
improvement district, the Borough expressly retains all its police
powers and other rights and powers and authority over the area designated
as the "Special Improvement District."
