[Ord. #2008-02, Preamble, § 1]
An investigation of the feasibility of the formation of a Special
Improvement District for the Township of Plumsted has been performed
at the direction of this governing body pursuant to N.J.S.A. 40:56-65,
et seq.
Said investigation determined that the formation of a Special
Improvement District for Plumsted Township is not only feasible, but
also advisable.
This governing body regards the commercial areas of Plumsted
Township as integral, vital, economic and social areas within the
township.
The anticipated services to be provided by a Special Improvement
District will only serve to enhance the safety, welfare and economic
growth of the commercial areas, their inhabitants and Plumsted Township
as a whole.
Pursuant to N.J.S.A. 40:56-65, et seq. (the "Act"), this governing
body hereby determines the following:
A.
It is in the best interests of Plumsted Township and its inhabitants
to create a Special Improvement District and to designate a District
Management Corporation to administer the district.
B.
A District Management Corporation would provide administrative and
other services to benefit those customers and consumers in the designated
Special Improvement District and will also assist Plumsted Township
to promote economic growth and employment.
C.
The Township desires that participation in the Special Improvement
District be the voluntary choice of eligible commercial property owners,
and that the cost of operations of the Special Improvement District
should be funded by voluntary membership fees. In order to stimulate
membership, the Township should offer a property tax abatement to
all owners of commercial properties within the district.
D.
The district shall include all commercial properties within the Township,
specifically the areas within Plumsted Township that are described
by block and lot as set forth in Schedule "A"[1] of this section, and the property owners, tenants and
inhabitants therein will benefit from being designated as a Special
Improvement District as will the whole of Plumsted Township, with
the exception of the following properties that will be exempt from
and not be part of the Special Improvement District:
(1)
Any property wholly owned and operated by the government,
(2)
Any property now exempt from assessment of real estate tax, and
(3)
100% of residential structures with less than five (5) dwelling units;
Based upon these findings, this governing body hereby desires
to establish the areas designated in Schedule A as the "Plumsted Township
Special Improvement District."
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
[Ord. #2008-02, § 2]
The Plumsted Township Special Improvement District (the "District")
is hereby established, consisting of the properties designated and
listed on Schedule A annexed hereto by tax block and lot numbers and
street addresses. The District shall be managed by a District Management
Corporation.
[Ord. #2008-02, § 3]
A.
All costs of improvements and maintenance, other than the costs of
improvements and maintenance ordinarily incurred by Plumsted Township
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 District
Management Corporation. The Township shall impose a mandatory annual
assessment no less than one dollar ($1) upon every commercial property
within the Special Improvement District to defray the costs determined
by the District Management Corporation.
B.
The District shall solicit voluntary membership fees from the owners
and commercial occupants of commercial properties listed in Schedule
"A" attached hereto. The fee for membership shall be ten percent (10%)
of the annual total (County, school district, and local) property
tax bill, as follows: in the event that the owner of a commercial
property or properties in within the Special Improvement District
shall elect to participate in the Special Improvement District, that
owner shall complete an application for enrollment prepared by the
Township for that purpose. That application shall identify the commercial
property or properties owned by the applicant by block and lot.
C.
Upon receipt of an application for SID enrollment, the appropriate
Township official shall review the applicant's property for eligibility
to ensure that it is within the Special Improvement District; that
all taxes are paid; and that there are no fines or Code violations
outstanding against the property.
D.
If the Township finds the property to be eligible, the Township Clerk
shall prepare a resolution for the Township to adopt, to officially
accept the property into the program. Upon passage of such resolution,
the Township shall prepare and send a fee statement for SID membership
in an amount representing ten percent (10%) of the total property
tax for the applicant's commercial property, and shall send a
copy of that statement to the Executive Director of the SID. Upon
confirmation of payment of that fee by the applicant to the SID, the
Township shall abate the property tax assessed on the applicant's
property in the amount of twenty percent (20%) of the total tax for
that year, and notify the applicant of that abatement.
E.
The applicant may continue to receive the abatement over a five (5)
year period, provided that the applicant renews an application for
membership in each year, and makes payment to the SID of a membership
fee determined by the Township to be ten percent (10%) of the applicant's
total property tax obligation for each year.
F.
At the end of each member's five (5) years of enrollment, the
abatement shall curtail, and membership in the Special Improvement
District shall continue to be available on a voluntary basis at a
membership fee to be determined by the District Management Corporation
and approved by the Township Committee, but in no event to be less
than one hundred dollars ($100) per commercial building assessed at
five hundred thousand dollars ($500,000) or less, and two hundred
dollars ($200) per commercial building assessed at more than five
hundred thousand dollars ($500,000). If at that time, in the determination
of the Township Committee, there are still areas in need of tax abatement
in order to promote economic development in the Special Improvement
District, then the Township Committee may offer a second tax abatement
for participating members of the Special Improvement District.
G.
Only the owners and/or commercial occupants of buildings that are
enrolled in the Special Improvement District program shall be entitled
to participate in the program, and receive the direct benefits provided
by the Special Improvement District program.
H.
Plumsted Township hereby guarantees to the District that expenditures
made by the Township for the ordinary services, improvements and maintenance
of the area within the District but prior to the formation of this
District, shall continue to be provided by Plumsted Township at this
same level of expenditure for a period of five (5) years following
the formation of the District, regardless of the level of services
that may be provided by the District itself in supplement of ordinary
municipal services.
[Ord. #2008-02, § 4]
The District Management Corporation shall submit an annual report
to the Plumsted Township governing body pursuant to N.J.S.A. 40:56-80
within thirty (30) days of the close of the fiscal year. This report
shall consist of a narrative covering the previous year's operation
and detailed financial statements.
A.
The District Management Corporation shall submit a detailed business
plan and budget for the upcoming year no later than July 1 of the
current fiscal year, for the approval by resolution of the Township
Committee, pursuant to the provisions of N.J.S.A. 40:56-84. The budget
shall be submitted with a report that explains how the budget contributes
to the goals and objectives for the Special Improvement District.
B.
The fiscal year of the district and the management corporation shall
be January 1st to December 31st, except that the first year of operation
will commence upon adoption of this section,[1] and appointment and installation of the District Management
Corporation.
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
C.
The District Management Corporation shall also cause an audit of
its books, accounts and financial transactions to be made and filed
with this governing body. This audit shall be completed and filed
with Plumsted Township within four (4) months after the close of the
fiscal year of the corporation. A certified duplicate copy of the
audit shall be filed with the Director of the Division of Local Government
Services in the State of New Jersey Department of Community Affairs
within five (5) days of the filing of the audit with this governing
body.
[Ord. #2008-02, § 5]
The governing body of Plumsted Township hereby designates the
Plumsted Township Special Improvement District Management Corporation
("District Management Corporation"), a nonprofit corporation, as the
District Management Corporation for the district.
A.
The District Management Corporation shall be composed of the members
in good standing of the Board of Directors of the Main Street New
Egypt organization, plus one (1) elected member of the Plumsted Township
Committee.
B.
The District Management Corporation, in addition to acting as an
advisory board to this governing body, shall have all powers necessary
and requisite to effectuate the purposes of this section, including
but not limited to:
(1)
Adopting bylaws for the regulation of its affairs and the conduct
of its business, and prescribing rules, regulations, and policies
for the performance of its functions and duties;
(2)
Employing such persons as may be required, including an Executive
Director to implement the day-to-day operational activities of the
Corporation, and fixing and paying employee compensation from funds
available to the corporation, as provided under N.J.S.A. 40:56-65
et seq.;
(3)
Applying for, accepting, and administering and complying with the
requirements respecting an appropriation of funds, or gifts, grants,
or donations of property or money;
(4)
Making and executing agreements which may be necessary or convenient
to the exercise of the powers and functions of the corporation, including
contracts with any persons, firms, corporations, governmental agencies,
or entities;
(5)
Administering and managing its funds and accounts and paying its
own obligations;
(6)
Issuing bonds as provided under N.J.S.A. 40:56-65 et seq., and borrowing
money from private lenders and entities for periods not to exceed
one hundred eighty (180) days and from governmental agencies for that
or longer periods;
(7)
Providing security, sanitation, maintenance and other services in
the district, supplemental to those normally supplied by Plumsted
Township;
(8)
Undertaking improvements designed to increase safety and attractiveness
of the district to businesses which may locate there or visitors to
the district, including but not limited to 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 this governing body; and
(9)
Publicizing the district and the businesses included within the district's
boundaries.
[Ord. #2008-02, § 6]
Notwithstanding the creation of the Special Improvement District,
Plumsted Township expressly retains all of its powers and authority
over the areas designated as within the Special Improvement District.
[Ord. #2008-02, § 7]
This section obligates the Plumsted Township Special Improvement
District to satisfy all debts, loans, and financial liabilities incurred
by the corporation. The District and the District Management Corporation
may not borrow an amount that exceeds the ability of the approved
budget for that fiscal year to pay the amount required by the instruments
executed at the time the debt is incurred. The charter of the Plumsted
Township Special Improvement District will include a clause incorporating
the aforementioned. Notwithstanding the foregoing, the Plumsted Township
Committee may choose to supplement the revenue of the Special Improvement
District in order to enable the District to perform necessary activities,
or to incur debt to carry out those activities.
[Ord. #2008-02, § 8]
If any provision of this section or part thereof shall be declared
to be invalid or inoperative, such section, to the extent it is not
invalid or inoperative, shall not be affected thereby and shall be
enforced and effectuated.
[Ord. #2008-02, § 9]
This section shall take effect within forty-five (45) days of
the passage of this section following second reading, adoption, and
publication as required by law.
Schedule A, Commercial Properties Included Within the Plumsted
Township Special Improvement District table can be found as an attachment
to this chapter.
[Ord. #2008-04, Preamble]
The Township is considering the formation of a Special Improvement
District for Plumsted Township, pursuant to N.J.S.A.40:56-65, et seq.
The New Jersey Department of Community Affairs Office of Smart
Growth maintains a zero-interest loan fund for the purpose of public
improvements within business districts, for communities, with Special
Improvement districts that have further designated a "business improvement
district."
The downtown New Egypt commercial center is in need of public
improvements, including, but not limited to, significant infrastructural
improvement regarding provision of municipal water and sewer service,
and adequate municipal parking; and
Access to the State's loan fund would enable the Township
to make significant progress toward achievement of the infrastructural
improvements needed.
Pursuant to N.J.S.A.40:56-65 et seq. (the "Act"), and for the
purpose of the New Jersey Department of Community Affairs Downtown
business Improvement Zone Loan Fund, this governing body hereby designates
the area identified below as the Plumsted Township "Business Improvement
Zone":
All of the area that is currently designated the "Main Street
New Egypt" zone, more specifically described in Schedule A, Main Street
New Egypt district Boundary table can be found as an attachment to
this chapter.
