[HISTORY: Adopted by the Township Council
of the Township of East Hanover 3-14-2011 by Ord. No. 3-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use and zoning — See Ch. 95.
[1]
Editor’s Note: This ordinance also repealed former Ch.
129A, Special Improvement District, adopted 12-27-2005 by Ord. No.
36-2005, as amended.
The East Hanover Township Council hereby finds:
A.
That the properties and/or businesses in Property Classes 4A and
4B are an integral, vital economic and social component within the
Township and that the creation of a Special Improvement District (the
"District") including such properties and/or businesses will serve
to enhance the safety, welfare and economic growth of the District
and, consequently, the residents of the Township as a whole.
B.
That through creation of a District management corporation to provide
administrative and other services, the property owners, businesses,
consumers and all inhabitants of the District will benefit, and the
Township will have added ability to promote economic growth and employment.
C.
That it is in the best interests of the Township to create a Special
Improvement District and a management corporation to administer the
District.
D.
That all costs for the administration and management of the District
should be funded by a special assessment imposed and collected by
the Township on Class 4A and 4B properties within the District. Such
levy shall be collected by the Township and shall be transferred to
the District management corporation to effectuate the purposes of
this chapter and to exercise the powers granted to it pursuant to
this chapter.
This chapter authorizes the formation of a Special Improvement District pursuant to N.J.S.A. 40:56-65 et seq. (hereinafter, "the Act"), comprising all Property Class 4A and 4B property as defined herein within the Township of East Hanover, which properties are set forth in detail by block, lot and street address in Appendix A hereof.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
Based upon the findings hereinabove set forth and the interests of
the business owners, merchants and property owners comprising the
District, there is hereby established the East Hanover Partnership
as a Special Improvement District within the Township of East Hanover
pursuant to the provisions of the Act.
B.
The District shall consist of all properties within the Township designated as Property Class 4A and 4B by the Tax Assessor of the Township. The District specifically excludes all residential property, and no residential property shall be subject to any assessments imposed or collected under this chapter, pursuant to N.J.S.A. 40:56-66. In any case where there is a mixed use which includes a Class 4A or 4B use with another class, the Assessor shall determine the amount of any assessment based upon the proportion of the mixed use which is either Class 4A or 4B. The properties comprising the District are set forth in Appendix A hereof.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Any properties hereinafter designated as Class 4A or 4B shall be
included in the District and shall be subject to the provisions of
this chapter.
D.
All Class 4A or 4B properties within the District shall be designated as Tier I, Tier II, or Tier III, which designation is set forth below and in Appendix A hereof.
(1)
Tier I properties shall be all Class 4A and 4B properties located
along Ridgedale Avenue (including West Ridgedale Avenue and South
Ridgedale Avenue, but with the exception of certain Tier III properties,
noted below), Route 10, Eagle Rock Avenue, Murray Road, Littel Road,
and River Road (from Route 10 to Deforest Avenue).
(2)
Tier II properties shall be all Class 4A and 4B properties located
along Deforest Avenue, West Street, Farinella Drive and Mt. Pleasant
Avenue.
(3)
Tier III properties shall be all Class 4A and 4B properties located
along Kane Place, Merry Lane, Great Meadow Lane, Melanie Lane, Columbia
Turnpike, Dixon Place, and the portion of Ridgedale Avenue between
Phyldan Road and the East Hanover Township border.
E.
The purpose of these tier classifications is the recognition that certain properties are likely to receive more benefit from the Special Improvement District than others. Accordingly, the properties have been classified into tiers for purposes of establishing fair and appropriate levels of assessments, as set forth in § 129A-5 of this chapter and as may be amended and adjusted by the District management corporation from time to time to maintain a fair and equitable apportionment.
A.
There is hereby created East Hanover Community Partnership (hereinafter
"EHCP") which shall be the management corporation for the Special
Improvement District. East Hanover Partnership shall be organized
as a nonprofit corporation.
B.
The membership of EHCP shall consist of all owners of real property
subject to assessment under this chapter, with each such property
being entitled to one vote per property. In the event that a property
has more than one owner, such as a corporate entity, partnership,
joint venture, association, etc., the owners shall designate one such
owner to act as the representative for that property for purposes
of this chapter.
C.
The Board of Directors of the EHCP shall consist of 11 persons who
shall in the first instance be selected by the Mayor with the advice
and consent of the Township Council. This organizing Board shall,
upon appointment, assume the management of the District and shall
adopt bylaws which shall include the following relative to future
boards:
D.
The organizing Board shall serve until December 31, 2006, prior to
which an election shall be held for the six elected Class I members
whose terms shall begin January 1, 2007. Prior to taking office, the
six persons elected shall draw lots for the length of term, with two
to serve one year, two to serve two years and two to serve three years.
Thereafter, all such directors shall be elected for a three-year term.
The appointed Class I members shall draw lot for the length of term,
with two to serve one year and two to serve two years. Thereafter
all such appointed directors shall be appointed to a two-year term.
The Township Council liaison shall be selected annually by the Township
Council.
E.
In the case of a vacancy among the elected directors, the Board shall
appoint a replacement for the remainder of the term vacated. In the
case of a vacancy among the appointed members, the Mayor, with the
advice and consent of the Township Council, shall fill the vacancy
for the remainder of the term.
F.
All Board members shall serve on a volunteer basis, without compensation
of any kind.
G.
The officers of EHCP shall be elected from the Class I Board members
by a majority vote of the Class I Board members and shall consist
of the following: president, one or more vice presidents, secretary
and treasurer.
H.
EHCP, as the managing entity, shall have all powers necessary and
requisite to effectuate the purposes of this chapter and the District.
Such powers shall include, without limitation:
(1)
Adoption of bylaws for the regulation of the affairs of EHCP and
the conduct of its business and the prescribing of rules, regulations
and policies in connection with the performance of its functions and
duties.
(2)
Employment of such persons as may be required to carry out the business
of EHCP, and to fix and pay their compensation from funds available
to the management entity.
(3)
Retention of legal counsel.
(4)
Application, acceptance, administration, and compliance with requirements
respecting an appropriation of funds or a gift, grant or donation
of property or money.
(5)
Making and executing agreements which may be necessary or convenient
to the exercise of the powers and functions of the management entity,
including contracts with any person, firm, corporation, government
agency or other entity.
(6)
Administration and management of its own funds and accounts and payment
of its own obligations.
(7)
Borrowing money from private lenders and from government entities.
(8)
Funding the improvement of the exterior appearance of properties
in the District through grants or loans.
(9)
Funding the rehabilitation of properties in the District.
(10)
Acceptance, purchase, rehabilitation, sale, lease or management
of property in the District.
(11)
Enforcing the conditions of any loan, grant, sale or lease made
by the management entity.
(12)
Provision of security, sanitation, and other services to the
District, supplemental to those normally provided by the Township.
(13)
Undertaking improvements designed to increase the safety or
attractiveness of the District to businesses which may wish to locate
there or to visitors to the District, including but not limited to
litter cleanup and control, landscaping, parking areas, and facilities
and those improvements generally permitted for pedestrian malls under
N.J.S.A. 40:56-66, pursuant to pertinent regulations of the East Hanover
Township Council.
(14)
Publicizing and promoting the District and the businesses included
within the District boundaries.
(15)
Recruitment of new businesses to fill vacancies in and to balance
the business mix of the District.
(16)
Organizing special events in the District.
(17)
Providing special parking arrangements for the District.
(18)
Providing temporary decorative lighting for the District.
(19)
Taking any other actions that are necessary and proper to achieve
the purposes of this chapter and that are otherwise permitted by law.
I.
The district management corporation shall have no power of condemnation
or eminent domain.
A.
All costs of improvements and maintenance, other than those costs
of improvements and maintenance normally incurred by the Township
of East Hanover out of general funds, shall be determined and approved
pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85, as determined
by the management entity. Assessments shall be determined by multiplying
the current assessed valuation, as determined by the Tax Assessor
of the Township for real estate tax purposes, multiplied by a rate
or rates to be established based upon the tier classification of each
property. Such rates for the respective tiers shall be subject to
amendment and adjustment by the District management corporation as
is necessary to assure a consistent and fair apportionment among the
various property owners within each tier classification. The basis
for the different ratios between the respective tiers is to apportion
the assessments so that the assessment charged most closely approximates
the respective benefits received. Notwithstanding the above, no single
owner shall be required to pay an annual assessment greater than $40,000
as its assessment on its total property holdings within the District.
B.
Assessments shall be due and payable quarterly on February 1, May
l, August 1 and November 1 of each year, with a ten-day grace period,
after which dates, if unpaid, shall become delinquent, with interest
charged as set forth below and reverting back to the due date on any
quarterly installment of assessments.
C.
The Tax Collector of the Township of East Hanover may affix a penalty
not to exceed 6% of the delinquent assessment as billed prior to the
end of the fiscal year for the most recent fiscal year only.
D.
Unpaid special assessments shall become a lien against the underlying
property and shall be collectible in the same manner as any other
municipal property taxes and assessments as provided by the laws of
the State of New Jersey.
E.
Any property owner who would be assessed greater than $25,000 per
year may, in lieu of the payment of annual assessments as set forth
above, make a single payment based upon the present value of 10 times
the annual investment, calculated on the basis of 5% interest per
year. The District recognizes that, to the extent that any property
owner's assessment exceeds $25,000 annually, said property owner
by making one lump sum upfront payment may ultimately pay less than
otherwise would have been paid annually over the ten-year period.
However, the Township will obtain the benefit of realizing the present
value of the ten-year total, and the upfront lump sum payment will
also be extremely helpful for startup of the District and provide
early necessary funding to begin improvements much sooner than otherwise
possible.
A.
The management entity shall operate on a calendar-year basis, January
1 through December 31, inclusive.
B.
Not later than December 1 of each year, the management entity shall
submit a detailed business plan and budget for the upcoming year,
for approval by the Township Council pursuant to N.J.S.A. 40:56-84.
The budget shall be accompanied by a report explaining how the budget
contributes to the goals and objectives for the District.
C.
The budget shall be introduced, approved, amended and adopted by
resolution passed by not less than a majority of the full membership
of the Township Council.
(1)
The budget shall be introduced in writing at a meeting of the Township
Council. Approval thereof shall constitute a first reading which may
be by title. Upon approval of the budget by the Township Council,
the Council shall fix a time and place for the holding of a hearing
on the budget.
(2)
The budget shall be advertised after approval. The advertisement
shall contain a copy of the budget and shall set forth the date, time
and place of the hearing. It shall be published not fewer than 10
days prior to the date fixed for the hearing in an official newspaper
of the Township.
(3)
No budget shall be held until a public hearing has been held thereon
and all persons having an interest therein shall have been given an
opportunity to present objections. The hearing shall be held not fewer
than 28 days after approval of the budget. The public hearing shall
be held at the time and place advertised but may be adjourned from
time to time until the hearing is closed.
(4)
The budget as advertised shall be read in full at the public hearing,
or by title if:
(a)
At least one week prior to the date of the hearing a complete
copy of the approved budget as advertised:
(5)
After closing the hearing, the Township Council may adopt the budget by title, without amendments, or may approve amendments as provided in Subsection C(6) of this section before adoption.
(6)
The Township Council may amend the budget during or after the public
hearing provided that:
(a)
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:
[1]
Adds a new item in an amount in excess of 1% of the total amount
as stated in the approved budget: or
[2]
Increases or decreases any item by more than 10%.
[3]
Increases the amount to be raised pursuant to N.J.S.A. 40:56-80
by more than 5% unless the same is made pursuant to an emergency temporary
appropriation only.
(b)
Notice of hearing on the 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.
(7)
Final approval shall be by resolution adopted by a majority of the
full membership of the Township Council and may be by title.
D.
The management entity shall cause an annual audit of its books, accounts
and financial sections to be made and filed with the East Hanover
Township Council. Such audit shall be completed and delivered to the
Council within four months after the close of the fiscal year. A certified
duplicate copy of the audit shall be filed with the Director of the
Division of Local Government Services in the State Department of Community
Affairs within five days of the filing with the Township. The management
entity shall employ a certified public accountant licensed by and
practicing within the State of New Jersey to perform the required
audit.
E.
The management entity shall submit an annual report to the Township
Council pursuant to N.J.S.A. 40:56-80 within 30 days of the close
of the fiscal year. The report shall consist of a narrative covering
the previous year's operation and detailed financial statements.
F.
All books, records, accounts and reports of the management entity
shall be available at reasonable times for public inspection.
Notwithstanding the creation of the Special Improvement District,
the Township of East Hanover expressly reserves and retains all its
police powers and other rights and powers related to the area within
the District.
The Special Improvement District shall be obligated to satisfy
all debts, loans and financial liabilities incurred by the management
entity. The management entity may not borrow an amount that exceeds
the approved budget for the fiscal year. The Charter of the District
shall include a clause incorporating this language.