[Ord. No. 2010-06 § I]
The purposes of this Chapter are to:
a.
Foster the District's economic development, encourage the District's
revitalization and strengthen the district's economic and commercial
contributions to residents and property owners of the Borough of Belmar
(also referred to as the "Borough").
b.
Allow all those who live, work or invest in the District to contribute
to the improvement of the District.
c.
Foster the building of a private/public partnership to implement
the improvement of the Borough of Belmar.
d.
Foster and create self-help programs to improve the local business
climate.
[Ord. No. 2010-06 § I]
Shall mean the Belmar Business Partnership, Inc. (BBP) an entity incorporated pursuant to Title 15A of the New Jersey Statutes and designated by this ordinance to receive funds allocated by the Mayor and Council from income generated by the Tourism fee assessment imposed pursuant to §3-6.6, as authorized by this chapter and any amendatory supplementary ordinances.
Shall mean that area within the Borough as designated by
this chapter as an area in which a special assessment on property
within the District shall be imposed for the purpose of promoting
the economic and general welfare of the District and the Borough.
[Ord. No. 2010-06 § I;
amended 4-5-2022 by Ord. No. 2022-08]
The Council finds and declares that:
a.
The business areas of the Borough of Belmar have special needs and
require special services that can best be achieved through a private/public
partnership implemented by a Special Improvement District ("SID")
and a District Management Corporation ("DMC").
b.
The creation of a Special Improvement District and designation of
District Management Corporation will promote economic growth and implement,
foster and encourage commercial development business vitality, expansion
and self-help, and improve the business climate and otherwise be in
the best interest of the property owners in the District and in the
Borough.
c.
The area within the Borough, as described by lot and block numbers
and by street addresses as set forth in Schedule A which may be found
as an attachment to this Chapter will benefit from being designated
as a Special Improvement District.
d.
A District Management Corporation will provide the administrative,
programming and other services to benefit the businesses, employees,
residents and consumers in the Special Improvement District and the
District Management Corporation will assist the Borough in promoting
economic growth, employment and development.
e.
It is in the best interest of the Borough and the public to continue
funding the Belmar Special Improvement District, however, the Borough
finds it necessary and proper that any funding that may be allocated
to the District Management Corporation shall only be transferred after
the District Management Corporation applies to the Borough for a budget
itemizing how the funds shall be utilized to effectuate the purpose
of this chapter, and any amendatory and supplementary statutes, and
to exercise the powers given to it by this chapter.
f.
It is in the best interests of the Borough and the public to create
a special improvement district and to designate a District Management
Corporation; except that no District Management Corporation shall
be designated to receive any funds or to exercise any powers pursuant
to the provisions of N.J.S.A. 40:56-67 et seq. and any amendatory
or supplementary statutes, unless the board of directors of that corporation
shall include at least one member of the Borough Council.
[Ord. No. 2010-06 § I;
amended 4-5-2022 by Ord. No. 2022-08]
a.
There is hereby created and designated within the Borough a Special
Improvement District to be known as the Belmar Business Partnership
Special Improvement District consisting of all properties as set forth
in Schedule A.
Editor's Note: Schedule A may found as an attachment to this
chapter.
b.
All properties within the Special Improvement District, except as
otherwise noted in c below, are deemed included in the assessing provisions
of this Chapter and are expressly subject to assessment made for Special
Improvement District purposes.
c.
Only those properties within the Special Improvement District that
as of January 1, 2010 are designated as property classes 4A and 4B
for purposes of real estate property tax assessment pursuant to N.J.A.C.
18:12-2.2 shall be subject to assessment made for Special Improvement
District purposes as set forth on Schedule A which may be found at
the end of this Chapter.
[Ord. No. 2010-06 § I; Ord. No. 2015-11; amended 4-5-2022 by Ord. No. 2022-08]
a.
It is hereby
determined that the operation and maintenance of the District may
involve annual costs relating to services peculiar to the District
that are distinguished from operation and maintenance services normally
provided by the Borough outside the District.
b.
The District Management Corporation shall submit an annual budget for the upcoming fiscal year in accordance with the provisions identified in § 34-8 herein. This Budget shall be voted upon by the Mayor and Council consistent with provisions listed within this chapter.
c.
The District Management Corporation shall also be permitted to apply for additional funding from the Mayor and Council for certain projects necessary to effectuate the purpose of this chapter. However, the receipt of such funding shall be subject to the discretion of the Mayor and Council, and any and all funds received shall be allocated from the income generated by the Tourism Fee imposed pursuant to § 3-6.6. At no point shall the allocated funding exceed the total income generated by Tourism Fee during the subject fiscal year for which the application is made.
[Ord. No. 2010-06 § I;
amended 4-5-2022 by Ord. No. 2022-08]
a.
The nonprofit corporation, the Belmar Business Partnership, Inc.
an entity incorporated pursuant to N.J.S.A. 15A:1-1 et seq., is hereby
designated as the District Management Corporation for the District
and designated by this chapter to receive funds allocated by the Mayor
and Council. This management corporation, in addition to acting as
an advisory board to the Council, shall have all powers necessary
and requisite to effectuate the purpose of this chapter and the District,
including, but not limited to:
1.
Adopt bylaws for the regulation of its affairs and conduct of its
business and to prescribe rules, regulations and policies in connection
with the performance of its function and duties;
2.
Employ such persons as may be required, and to fix and pay their
compensation from funds available to the District Management Corporation;
3.
Apply for, accept, administer and comply with the 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 powers and functions of the corporation, including
contracts with any person, firm, corporation, governmental agency
or other entity, with the permission of the Mayor and Council.
5.
Administer and manage its own funds and accounts and pay its obligations
, provided the use of such funds in the accorded manner was previously
authorized by Mayor and Council;
6.
Borrow money from private lenders for periods not to exceed 180 days
and from governmental entities for that or longer periods, with permission
of the Mayor and Council;
7.
Fund the improvement of the exterior appearance of properties in
the District through grants or loans. However, the use of loans shall
only be permitted with the authorization of the Mayor and Council;
8.
Fund the rehabilitation of properties in the District;
9.
Accept, purchase, rehabilitate, sell, lease or manage property in
the District;
10.
Enforce the conditions of any loan, grant, sale or lease made by
the District Management Corporation;
11.
Provide security, sanitation and other services to the District,
supplemental to those provided normally by the municipality;
12.
Undertake 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, recreational
and rest areas and facilities, pursuant to pertinent regulations of
the Borough;
13.
Publicize the District and the businesses included within the District
boundaries;
14.
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the District;
15.
Advise the Mayor and Borough Council in connection with the acquisition
and construction of improvements and the operation and maintenance
thereof in the Special Improvement District, and making of a plan
therefor and the recommendations, comments or requests of members
of the public and of owners and occupants of property included within
the Special Improvement District;
16.
Provide special parking arrangements for the District;
17.
Provide temporary decorative lighting in the District;
18.
Organize special events in the District;
19.
Review all applications, plans, specifications, etc. for the proposed
construction or alteration of any and all exterior improvements to
buildings and facades within the Special Improvement District for
the purpose of providing advice and recommendations to those wishing
to improve their properties. Recommendations produced under this section
will be forwarded to the appropriate approving authority, namely the
Borough's Construction Code Official, Planning Board or the Board
of Adjustment;
20.
Advise the distribution and location of movable furniture, sculpture
or pedestrian traffic control devices, landscaping and other facilities
not otherwise located or fixed by the plans and specifications.
b.
In order to receive any funds or exercise any of the powers granted
herein, the Board of Trustees of the Corporation shall include at
least one member of the Governing Body of the Municipality of the
Borough of Belmar.
[Ord. No. 2010-06 § I]
a.
Notwithstanding the creation of a Special Improvement District, the
Borough expressly retains all its powers and authority over the area
designated as within the Special Improvement District.
b.
Nothing contained herein shall be interpreted or construed to be
a vacation, in whole or in part, of any municipal street or part thereof.
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 regulation relating to public property in such district
unless the Council of the Borough of Belmar delegates to the Belmar
Business Partnership, Inc. by ordinance, the contracting of work to
be done on any street or streets or on any other municipal property
within the Special Improvement District provided the District Management
Corporation, as the contracting unit, complies with the New Jersey
Local Public Contracts Law, Public Law 1971, Chapter 198 (N.J.S.A.
40A:11-1 et seq.) and provided the plans and specifications for the
work contracted shall be approved by the Municipal Engineer and the
Council, by resolution, prior to initiation of any action for the
awarding of a contract under the Local Public Contracts Law.
d.
The District Management Corporation shall comply with all applicable
ordinances or regulations of the Borough of Belmar.
[Ord. No. 2010-06 § I;
amended 4-5-2022 by Ord. No. 2022-08]
a.
The fiscal year of the District shall be the same as the Borough.
b.
The District Management Corporation shall submit a detailed annual
budget for the upcoming fiscal year by no later than the end of the
current fiscal year of the Borough for approval by resolution by the
Council.
c.
The budget shall be submitted with a report which explains how the
budget contributes to goals and objectives for the Special Improvement
District. The budget shall be reasonably itemized and shall include
a summary of the categories of cost properly chargeable as follows:
d.
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 Council.
e.
The budget shall be introduced in writing at meeting of the Council.
Approval thereof shall constitute a first reading, which may be by
title. Mayor and Council, upon approval of the budget, may in its
discretion fix the time and place for the holding of a public hearing
upon the budget.
f.
No budget shall be adopted unless presented to the Mayor and Council
and voted upon in accordance with this chapter.
g.
The Governing Body may adopt the budget by title, without amendments, or may approve amendments, as provided in § 34-8h, before adoption.
h.
The Governing Body may amend the budget at its discretion to further
purposes of this section.
[Ord. No. 2010-06 § I;
amended 4-5-2022 by Ord. No. 2022-08]
a.
The Borough
may incur the annual costs of improving, operating and maintaining
a Special Improvement District during a fiscal year, though not specifically
provided for by line item or other category in an approved estimate
for such fiscal year, if in its discretion it shall be deemed necessary
to provide for such annual improvements or operation or maintenance
prior to the succeeding fiscal year and so long as the total amount
of the account approved for that year is not exceeded by the expenditure.
Any balances to the credit of the account and remaining unexpended
at the end of the fiscal year shall be maintained and applied towards
the financial requirements of the succeeding year.
b.
The Borough
shall make all funding available to the District Management Corporation
pursuant to its proposed budget on a quarterly basis, specifically
the 15th day of February, May, August, and November of each year.
The Borough shall not be obligated to pay over funds not received
by the Borough.
c.
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 shall employ a Certified Public Accountant of New
Jersey. The annual audit shall be completed and filed with Governing
Body within four months after the close of the fiscal year of the
corporation, and a certified copy of the audit shall be filed with
the Director of Community Affairs within five days of the filing of
the audit with the Council.
d.
District
Management Corporation shall, within 30 days after the close of each
fiscal year, make an annual report of its activities for the proceeding
fiscal year to the Council and the Borough Clerk.
[Ord. No. 2010-06 § I]
Nothing contained herein shall prevent the Council at any time,
subsequent to the adoption of this chapter, by ordinance abandoning
the operation of the Special Improvement District, changing the extent
of the Special Improvement District, supplementing or amending the
description of the District to be specially assessed for annual costs
of the Special Improvement District, changing or repealing any plan,
rules, requisitions or limitations adopted for the operation of the
Special Improvement District or rescinding the designation of or redesignating
a District Management Corporation.
