[Ord. #95-23, § 1]
a.
Special Improvement District (sometimes also referred to as "District")
shall mean an area within the City of Ocean City designated by ordinance
as an area in which a special assessment shall be imposed on all properties
within the District for the purposes of promoting the economic and
general welfare of the District and the City.
b.
District Management Corporation shall mean Business and Neighborhood
Development Association Inc. (B.A.N.D.), an entity incorporated pursuant
to N.J.S.A. 151:1-1 et seq. and designated by ordinance to receive
all funds collected by a special assessment on all properties within
the District as authorized by ordinance and the provisions of N.J.S.A.
40:56-65 et seq.
[Ord. #95-23, § 2]
The governing body finds:
b.
That a District Management Corporation would provide administrative
and other services to benefit the businesses, employees, residents
and consumers in the Special Improvement District, and assist the
City in promoting economic growth and employment;
c.
That a special assessment shall be imposed and collected by the City,
with the regular property tax payment or payments in lieu of taxes
or otherwise, and that all, or a portion, of these payments shall
be transferred to the District Management Corporation to effectuate
the purposes of this chapter and the provisions of N.J.S.A. 40:56-65
et seq. and to exercise the powers given to it by this chapter.
d.
That it is in the best interest of the City and the public to create
a Special Improvement District and to designate a District Management
Corporation;
e.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local business needs, goals and
objectives.
[Ord. #95-23, § 3; Ord. #96-19, § 1]
a.
There is hereby created and designated within the City of Ocean City
a Special Improvement District to be known as the Ocean City Special
Improvement District consisting of the properties designed and listed
on Schedule A attached hereto.[1] The Special Improvement District shall be subject to special
assessments imposed by the City of Ocean City for the purposes of
promoting the economic and general welfare of the District and the
City.
[1]
Editor's Note: Schedule A, referred to herein may be
found on file in the office of the City Clerk attached to Ordinance
No. 95-23.
b.
Properties within the Special Improvement District, shall be subject
to special assessments as determined from time to time by the governing
body, except for the following:
1.
Any property which is exempt from local property tax;
2.
Single family homes, duplexes, triplexes and multiple family buildings
to and including six (6) units, including such properties in condominium
form of ownership;
3.
Fishing piers;
4.
Owner occupied primary residences located above first floor commercial
uses.
[Ord. #95-23, § 4]
a.
Operation, Promotion and Maintenance of District. The improvements
will involve annual costs in addition to the initial cost of construction.
These annual operation, promotion and maintenance costs to services
peculiar to the District, as distinguished from services normally
provided by the City, will provide benefits primarily to the properties
included within the District rather than to the City as an entity.
These annual costs shall be assessed and taxed to the benefited properties
pursuant to the provisions of this chapter and N.J.S.A. 40:56-65,
et seq.
b.
Development, Construction or Acquisition Costs. All costs of development,
construction and acquisition relating to improvements to the District
shall be financed and assessed to properties especially benefited
thereby. The City, may, by separate ordinance or by amendment to this
chapter, provide that improvements and facilities hereinafter acquired
or developed shall be operated and maintained and the costs taxed
to the benefited properties.
c.
Any delinquency in the payment of assessments established hereunder
shall be treated in the same manner as delinquent real property taxes.
[Ord. #95-23, § 5]
a.
The District Management Corporation shall consist of seven (7) or
more members, a majority of whom shall be owners or occupants of properties
located in the Special Improvement District. At least one (1) member
of the governing body shall be a member of the District Management
Corporation, and the Mayor shall appoint an additional member of the
District Management Corporation.
[Ord. #95-23, § 6]
The nonprofit corporation, Business and Neighborhood Development
Association Inc. (B.A.N.D.), is hereby designated as the District
Management Corporation for the District. This management corporation
shall have all power necessary and requisite to effectuate its purposes,
including but not limited to the powers to:
a.
Adopt bylaws for the regulation of its affairs and the conduct of
its business, to prescribe rules, regulations and policies, in connection
with the performance of its functions and duties.
b.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the corporation.
c.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grants or donation of property
or money.
d.
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 persons, firm, corporation, governmental agency
or other entity.
e.
Administer and manage its own funds and accounts and pay its own
obligations.
f.
Borrow money from private lenders for periods not to exceed one hundred
eighty (180) days and from governmental entities for that or longer
periods.
g.
Fund the improvement of the exterior appearance of properties in
the District through grants or loans.
h.
Fund the rehabilitation of properties in the District.
i.
Accept, purchase, sell, lease or manage property in the District.
j.
Enforce the conditions of any loan, grant, sale or lease made by
the Corporation.
k.
Provide security, sanitation and other services to the District supplemental
to those provided normally by the City.
l.
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 City of Ocean City.
m.
Publicize the District and the businesses included within the District
boundaries.
n.
Recruit new businesses to fill vacancies in, and to balance the business
mix of the District.
o.
Organize special events in the District.
p.
Address parking arrangement for the District.
q.
Provide temporary holiday decorative lighting in the District.
r.
The Corporation will be required to comply with all applicable ordinances
and regulations of the City.
s.
Notwithstanding the provisions of this chapter, the District Management
Corporation shall notify the Mayor or his designee twenty (20) days
prior to the execution of any contract for any capital improvement,
construction, or reconstruction within the District where the cost
of said improvement exceeds the contracting threshold amounts as set
forth in N.J.S.A. 40A:11-3. In the event that it is reasonably anticipated
that the cost of capital improvements, construction or reconstruction
will exceed twenty (20%) percent of the total annual assessment of
the District, the project shall be referred to the City. The City
shall have the option of:
1.
Preparing specifications for bid, receiving bids and executing contracts
in accordance with its policies and in compliance with the Local Public
Contracts Law; or
2.
Deciding that it does not wish to prepare specifications for bids,
receive bids and award contracts, and to allow the District Management
Corporation to do so for the particular capital improvement or construction
project. The decision to allow the District Management Corporation
to pursue the capital improvement project must be set forth in a resolution
adopted by the governing body.
[Ord. #95-23, § 7]
a.
Within thirty (30) days after final adoption of this chapter and
thereafter on or before November 1st of each succeeding year, the
Mayor or his designee shall, with the assistance of the District Management
Corporation, report to the governing body an estimate of costs of
operating and maintaining and annually improving the Special Improvement
District for the next fiscal year and an estimate of changes in the
amounts of such costs which would follow upon the adoption of any
addition or amendment to the plan recommended to or under consideration
by the governing body. Such estimates shall be reasonably itemized
and shall include a summary of the categories of cost, properly chargeable
as follows:
1.
The amount of such cost to be charged against the general funds of
the municipality, which shall be that amount which the municipality
would pay from its general funds for street maintenance and operation
on a street of similar size and location not included in the Special
Improvement District;
2.
The cost to be charged and assessed against properties benefited
in the District in proportion to benefits, which shall be the aggregate
of costs of annual improvements to be made in the District during
the ensuing year;
3.
The amount of costs, if any, to be specifically assessed against
properties in the District.
b.
The governing body shall receive and consider such estimate and the
items of cost, after notice and hearing before it or its appropriate
committee, and shall approve the same with such amendments thereto
as it shall find necessary and the amounts of each item of cost estimated
shall be deemed appropriated and expendable to operate and maintain
the Special Improvement District during the ensuing fiscal year.
c.
The Municipal Assessor shall prepare an assessment role setting forth
separately the amounts to be specially assessed against the benefited
and assessable proper-ties in the district as recorded and listed
in connection with the procedures described herein, and in proportion
to the benefits. Description of the properties and the names of the
then current owners of such properties shall be included in each annual
assessment role. The assessment role, when prepared shall be filed
in the office of the Municipal Clerk and there available for inspection.
The governing body shall annually meet to consider objections to the
amounts of such special assessments at least ten (10) days after Notice
of Hearing has been published once in the official newspaper in Ocean
City and mailed to the named owners of all properties proposed to
be assessed. The notice shall set forth the time and place of the
meeting and shall set forth the purpose of the meeting. When the governing
body shall have approved the amounts of the special assessments set
forth therein, the Municipal Clerk shall forthwith certify a copy
of the assessment role with such changes, if any, to the County Tax
Board.
d.
For purposes of this section "Annual Improvements" shall mean and
include any reconstruction, replacement or repair of trees and plantings,
furniture, shelter and other facilities of a Special Improvement District,
furnishing overhead and underground heating for snow removal or for
the enjoyment of pedestrians and any other local improvement which
benefits properties within the District. For the purpose of this section
"costs" shall with respect to annual improvements to and the operation
and maintenance of a Special Improvement District, mean costs of annual
improvements. Fees of consultants employed by the governing body to
assist in the planning and annual improvements; and all other costs
incurred or to be incurred in connection with annual improvements
to and operation and maintenance of the Special Improvement District.
e.
Monies appropriated and collected on account of annual improvement
costs and costs of operating and maintaining the Special Improvement
District shall be credited to a special account. The governing body
is authorized to incur the annual cost of improving, operating and
maintaining a Special Improvement District during any 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 operating or maintenance prior to the succeeding fiscal year and
so long as the total amount of the account as approved for that year
is not exceeded by that expenditure. Any balances to the credit of
the account and remaining unexpended at the end of the fiscal year
shall be reserved and applied toward the fiscal requirements of the
succeeding year.
f.
The Ocean City Department of Financial Management shall act as the
paying agent for the District Management Corporation in accordance
with agreements between the City and the District Management Corporation.
[Ord. #95-23, § 8]
a.
The District Management Corporation shall submit a detailed annual
budget for approval by resolution of the governing body. The budget
shall be submitted with a report which explains how the budget contributes
to goals and objectives for the district.
b.
The budget shall be introduced, approved, amended and adopted by
resolution passed by not less than a majority of the full membership
of the governing body. The procedure shall be as follows:
c.
The process for introduction, approval, public hearing and adoption
shall be in accordance with N.J.S.A. 40:56-84 et seq. as amended.
[Ord. #95-23, § 9]
a.
The District Management Corporation shall cause an annual audit of
its books, accounts and financial transaction to be made and filed
with the governing body, and for that purpose the Corporation shall
employ a Certified Public Accountant of the State of New Jersey. The
annual audit shall be completed and filed with the governing body
within four (4) months after 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 (5) days of the filing of the audit
with the governing body. The District Management Corporation shall
be responsible for the cost of preparation of the annual audit.
[Ord. #95-23, § 10]
The District Management Corporation shall, within thirty (30)
days after the close of each fiscal year, make an annual report of
how its activities for the preceding year met the goals and objectives
of the District, to the governing body.
[Ord. #95-23, § 11]
a.
The City will retain all of its powers and authority over the area
designed as the District.
b.
The City will have all powers necessary and requisite to effectuate
the purposes of the chapter and of the District, including, but not
limited to the power to provide for the control and regulation of:
1.
The distribution and location of moveable furniture, sculpture or
pedestrian traffic control de-vices, landscaping and other facilities
belonging to the Special Improvement District.
2.
The uses to be permitted in the Special Improvement District by occupants
of abutting property, any transit or telephone utility, concessionaires,
vendors and others, to serve the convenience and enjoyment of pedestrians
and the location of such uses.
3.
The issuance of permits to conduct any special activity consistent
with the broad purposes of the Special Improvement District.
c.
The City will not substitute District programs and services for programs
and services currently supplied to the proposed District by the City,
nor curtail currently proposed programs and services.
[Ord. #99-11, § 1]
The purpose of this section is to (a) promote economic growth
and employment within the business district and in particular the
Special Improvement District; (b) foster and encourage self-help programs
to enhance the local business climate, and (c) authorize, permit and
facilitate the City of Ocean City Special Improvement District and
the designated district management corporation of the district to
apply for and accept funds or loans from the State of New Jersey,
Department of Community Affairs for public improvements as contemplated
and defined by P.L. 1998, C.115.
[Ord. #99-11, § 2]
There is hereby created and designated within the City of Ocean
City two (2) Downtown Business Zones that shall be described as that
area bound by the Special Improvement District previously established
by the governing Body of the City of Ocean City on December 14, 1995
by Ordinance 95-23. The two (2) zones shall be further identified
by map A that delineates the zones within the SID District.
