[HISTORY: Adopted by the City Council of the City of Trenton as indicated in article histories. Amendments noted where applicable.]
Article I Special Improvement District
Article II Downtown Business Improvement Zone
[Adopted 9-7-1967 as § 2-26 of the General Revised Ordinances]
The area hereinafter designated as a Special Improvement District would benefit from being so designated.
District Management Corporation would provide administrative and other services to benefit the businesses, employees, residents and consumers in the Special Improvement District.
A special assessment should be imposed and collected by the City with the regular property tax payment or payment in lieu of taxes or otherwise, and as hereinafter or hereafter designated by the City Council, all of those payments should be transferred to the District Management Corporation to effectuate the purposes of this chapter and to exercise the powers given it by this chapter.
It is in the best interest of the City of Trenton and the general public to create the Special Improvement District hereinafter specifically outlined and designated and to establish a District Management Corporation.
There is hereby created and designated within the City of Trenton a Special Improvement District to be known as "Trenton Downtown Association, Inc." comprising assessed parcels and properties hereinafter designated by street address and tax lot and block number, and including all public streets and sidewalks within the boundaries, set forth herein.
The Special Improvement District shall be subject to a special assessment on all affected property within the district, which shall be imposed by the City for the purposes of promoting the economic and general welfare of the district and the City. The Special Improvement District shall be subject to a special assessment of a maximum of 4.5% of the annual real property tax, or charges in lieu of taxes imposed on the assessable property within the district, which shall be imposed by the City for the purposes of promoting the economic and general welfare of the district.
The improvements in the Special Improvement District will involve annual costs in addition to the cost of constructing and making improvements. Such annual costs which relate to maintenance services peculiar to the Special Improvement District, and distinguished from maintenance services normally provided by the City, shall be deemed to provide benefits primarily to the properties included in the district rather than to the City as a whole. The improvements and the facilities thereof shall be maintained and operated pursuant to the provisions of this chapter and to N.J.S.A. 40:56-65, and the costs thereof shall be assessed or taxed to the affected properties pursuant to this chapter. The City Council, by separate ordinance or by amendment to this chapter, may provide that improvements and facilities hereinafter acquired or developed shall be operated and maintained and the costs taxed and assessed to the properties in the Special Improvement District.
All costs of development, on construction and acquisition relating to the provision of improvements for the Special Improvement District, should benefit the private, nonresidential properties included in the district. Subject to the limitations of spending authority and powers limited herein, all cost of development, construction and acquisition relating to the provision of improvements for the Special Improvement District shall be assessed and taxed to the properties within the district.
The following classifications of property, as defined in N.J.A.C. 18:12-2.2, shall be exempt from the special assessment imposed under this chapter.
The exemption from the special assessment for Class 15F shall be limited to residential property in that class.
The Special Improvement District shall include the properties listed by street address and by block and lot in the appendix attached hereto. The Special Improvement District shall also include all public streets and sidewalks within the following boundary:
Concurrent with the submission of the plan for the Special Improvement District, and annually thereafter, the Business Administrator shall report to the City Council 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 City Council.
Trenton Downtown Association, Inc. shall be designated to be the District Management Corporation for the Special Improvement District herein created.
The District Management Corporation shall exercise the following powers:
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.
Fund the improvement of the exterior appearance of the properties in the district through grants and loans.
Fund the rehabilitation of properties in the district.
Accept, purchase, rehabilitate, sell, lease or manage property in the district.
Enforce the conditions of any loan, grant, sale or lease made by the corporation.
Provide security, sanitation and other services to the district supplemental to those provided normally by the City.
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 and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66, pursuant to pertinent regulations of the City Council.
Publicize the district and the business included within the district boundaries.
Recruit new businesses to fill vacancies in, and to balance the business mix of, the district.
Organize special events in the district.
Provide special parking arrangements for the district.
Provide temporary decorative lighting in the district.
The corporation shall not engage in the construction of parks or parking facilities, except by means of funding which is obtained for such purposes via federal or state grants or funds other than the assessments provided for herein.
The District Management Corporation shall be responsible to submit annually a reasonably detailed budget for approval by City Council, with a report explaining the goals and objectives of the district. Such budget shall be processed and adopted in accordance with N.J.S.A. 40:56-65 et seq.
The construction or alteration of any building or structure's facade or sign within an area of the district known as the "Trenton Commons" is subject to the corporation's prior review and approval to assure compliance with the criteria and procedures hereafter to be adopted upon the recommendation of the corporation.
The City Council finds that vending, hawking or peddling of any foods, beverages, confections, goods, wares, merchandise or commodities of any nature or description within the Special Improvement District will undermine the economic growth and employment within the Special Improvement District and will inhibit the safe, convenient and effective movement of persons and detract from the function and appearance of the Special Improvement District.
The City Council finds that vending, hawking or peddling of any foods, beverages, confections, goods, wares, merchandise or commodities of any nature or description within the Special Improvement District should be prohibited unless specifically authorized by the Council pursuant to rules and regulations formally adopted by the Council in accordance with the standards enunciated in N.J.S.A. 40:56-65 et seq.
Prohibitions. No person shall engage in hawking, peddling or vending of any foods, beverages, confections, goods, wares, merchandise or commodities of any nature or description on the streets and sidewalks within the Special Improvement District unless such use, and the location thereof, has been specifically authorized by the Council pursuant to rules and regulations formally adopted by the Council in accordance with the standards enunciated in N.J.S.A. 40:56-65 et seq. This subsection shall not prohibit sales activities conducted by a person holding a license to operate a restaurant from operating a pushcart on a sidewalk immediately adjacent to a licensed premises, provided that all health permits and other regulations established hereby are obtained and complied with, and shall not prohibit the hawking of newspapers.
[Adopted 3-17-2016 by Ord. No. 16-11]
The purpose of this article is to:
Promote economic growth and employment within the business district and in particular the Special Improvement District; and
Any loan fund request(s) must first be submitted for review and approval to the Director of the Department of Housing and Economic Development prior to the submission to City Council for final approval.
The City Council and the Board of Directors of the District Management Corporation must approve by resolution any requested loan prior to application to the State of New Jersey, Department of Community Affairs, for public improvements as contemplated and defined by P.L. 1998, c. 115.
There is hereby created and designated within the City of Trenton a Downtown Business Improvement Zone that shall be coextensive with the Special Improvement District previously established by the City Council of the City of Trenton.