[HISTORY: Adopted by the Borough Council of the Borough of Netcong 12-13-2001 by Ord. No. 2001-20. Amendments noted where applicable.]Schedule A
The Borough Council of the Borough of Netcong (hereinafter "Council") authorized a study and the development of special plans and specifications relating to the creation of a special improvement district and the Council finds as follows:
That the reports and recommendations submitted and dated November 1, 2001, concludes that an area within the Borough of Netcong, as shall be described hereinafter by lot and block numbers as well as by street addresses, would benefit from being designated as a special improvement district; and
That a District Management Corporation would assist the Borough in promoting economic growth and employment within the business district by providing administrative and other services to benefit the businesses, employees, residents and consumers in the special improvement district; and
That a special assessment shall be imposed and collected by the Borough of Netcong with the regular property tax payment or payment in lieu of taxes or otherwise and that such special assessment shall be transferred to the District Management Corporation to exercise the powers given it by this chapter and to effectuate the purposes of N.J.S.A. 40:56-65 et seq.; and
That it is in the best interests of the Borough of Netcong and the public to create such special improvement district and to designate such District Management Corporation, except that no District Management Corporation shall be designated to receive any funds or to exercise any powers, unless the Board of Directors of that Corporation shall include at least one member of the Council.
The public policy of the State of New Jersey permits this governing body to protect the public welfare and health and the interests of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the business districts of the Borough of Netcong and adoption of a Special Improvement Ordinance.
As used in this chapter, the following terms shall have the meanings indicated:
- DISTRICT MANAGEMENT CORPORATION
- An entity created by municipal ordinance or incorporated pursuant to N.J.S.A. 15A:1-1 et seq. and designated by municipal ordinance to receive funds collected by a special assessment within a special improvement district as authorized by this chapter.
- SPECIAL IMPROVEMENT DISTRICT
- An area within the Borough of Netcong designated by this chapter as an area in which a special assessment on all property within the district shall be imposed for the purposes of promoting the economic and general welfare of the district and the Borough of Netcong. This shall not include those properties exclusively used for residential purposes.
There is hereby designated a special improvement district (hereinafter "SID") which is more particularly described on Schedule A attached hereto and made a part hereof. Any property listed on Schedule A and which is incorporated within the SID, and is exclusively used for residential purposes, is exempt from the payment of any special assessment.
The special improvement district as described on Schedule A, shall be an area in which all of the property included therein, except as hereinafter stated, shall have imposed a special assessment for the purposes of promoting the economic and general welfare of the district and the Borough of Netcong. For purposes of establishing any assessment under § 75-9 of this chapter, the SID shall be divided into three tiers as described in Schedule A, based upon their respective proximity to the Borough's central business district. Any property located within the SID which is tax-exempt shall not be subject to the special assessment. In the event any tax-exempt entity makes a payment in lieu of taxes to the Borough of Netcong, then and in that event, said entity shall be subject to the imposition of a special assessment. The improvements and supplemental services in the SID will involve annual costs peculiar only to the SID and will be distinguished from improvements and services normally provided by the Borough. While the improvements and supplemental services shall be maintained and operated pursuant to the provisions of this chapter and to N.J.S.A. 40:56-65 et seq. and the costs thereof assessed or taxed to the benefited properties pursuant to this chapter, such improvements and supplemental services shall not be substituted by the Borough for improvements and services now supplied to the proposed SID nor be grounds for curtailment of future improvements and services planned.
Special Improvement District of Netcong Borough, Inc. is hereby designated the District Management Corporation which shall assist the Borough of Netcong in promoting economic growth and development within the SID. Said District Management Corporation is incorporated pursuant to the provisions of Title 15A of the New Jersey Statutes and is hereby designated as eligible to receive the funds collected as special assessment within the SID. In addition, the District Management Corporation shall:
Have a Board of Trustees consisting of nine members, chosen as follows:
[Amended 12-12-2013 by Ord. No. 2013-15; 12-11-2014 by Ord. No. 2014-13]
The Mayor of the Borough and one Council member appointed by the Council, each to serve a one-year term.
One resident of the Borough, who is not a member of the Special Improvement District, to be appointed by the Mayor with the advice and consent of the Borough Council for a two-year term.
Six Trustees to be appointed by the currently serving Trustees of the Special Improvement District of Netcong Borough, Inc. (“District Management Corporation”), with the advice and consent of the Borough Council in accordance with the bylaws of the District Management Corporation.
Exercise the following powers:
[Amended 12-12-2013 by Ord. No. 2013-15]
Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its functions and duties;
Employ such persons as may be required and fix and pay their compensation from funds available to the corporation;
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency or other entity;
Administer and manage its own funds and accounts and pay its own obligations;
Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods;
Accept, purchase, rehabilitate, sell, lease or manage property in the SID;
Provide security, sanitation and other services to the SID supplemental to those provided normally by the Borough;
Undertake improvements designed to increase the safety or attractiveness of the SID to businesses which may wish to locate there or to visitors of the SID, including, but not limited to, litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, and those improvements generally permitted for pedestrian malls under Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent regulations of the governing body;
Publicize the district and the businesses included within the district boundaries and create programs furthering the promotion of the district and businesses;
Organize special events in the district;
Provide special parking arrangements for the district;
Provide temporary decorative lighting in the district;
Fund the improvement of the exterior appearance of properties in the district through grants or loans;
Fund the rehabilitation of properties in the district;
Enforce the conditions of any loan, grant, sale or lease made by the corporation; and
Recruit new business to fill vacancies in, and to balance the business mix of, the district.
The District Management Corporation shall submit a detailed annual budget for approval by resolution of the Council. The budget shall be submitted with a report which explains how the budget contributes to the goals and objectives of the special improvement district.
The budget shall be introduced, approved, amended and adopted by resolution passed by not less then a majority of the full membership of the Council. The procedure shall be as follows:
The budget shall be introduced in writing at a meeting of the Council. Approval thereof shall constitute a first reading which may be by title. Upon approval of the budget by the governing body, it shall fix the time and place for the holding of a public hearing upon the budget.
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 of Netcong.
No budget shall be adopted until a public hearing has been held thereof and all persons having an interest therein shall have been given an opportunity to present objections. The hearing shall be held not less than 28 days after approval of the budget.
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:
At least one week prior to the date of the hearing a complete copy of the approved budget, as advertised:
The Council shall, by resolution passed by no less than a majority of the full membership, determine that the budget shall be read by its title and declare that the condition set forth in Subsection F(1) have been met. After closing the hearing, the Council may adopt the budget, by title without amendments, or may approve amendments as provided in Subsection G of this section before adoption.
The Council may amend the budget during or after the public hearing. No amendment by the Council shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing thereon if the amendment shall:
Add a new item in an amount in excess of 1% of the total amount as stated in the approved budget; or
Increase or decrease an item by more than 10%; or
Increase the amount to be raised pursuant to Section 16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80) or Section 19 of P.L. 1984, c. 151 (N.J.S.A. 40:56-85) by more than 5% unless the same is made pursuant to an emergency temporary appropriation only. Notice of hearing on an amendment shall be advertised at least three days before the date set therefor. The amendment shall be published in full in the same manner as an original publication and shall be read in full at the hearing and before adoption.
[Amended 12-12-2013 by Ord. No. 2013-15]
Final adoption shall be by resolution, adopted by a majority of the full membership of the Council and may be by title.
The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Council, and for that purpose the corporation shall employ a Certified Public Accountant licensed with the State of New Jersey. The annual audit shall be completed and filed with the governing body 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 Council.
The District Management 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 Council.
The annual costs of operating, maintaining and improving the special improvement district shall be reported to the governing body, assessed, collected and appropriated as provided in N.J.S.A. 40:56-80.
[Amended 4-13-2006 by Ord. No. 2006-8; 12-12-2013 by Ord. No. 2013-15]
The 2014 SID assessment imposed against any property shall not increase in the year 2015 unless there is an increase in the net property assessment determined by the Borough Tax Assessor.