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0-99-06
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Amendment O-02-03 from March 20, 2002
An
Ordinance Creating a
Business Improvement District
and
Designating a District Management Corporation
WHEREAS, the Mayor and Council regard the business community as
a vital economic and social force in the Borough of Highlands; and
WHEREAS, a Business Improvement District Steering Committee, consisting
of residents and business people of the Borough, has submitted to the
Mayor and Council a report dated March, 1999, which report urges the adoption
of an ordinance creating a Business Improvement District, as well as the
designation of a non-profit corporation to manage the anticipated services
and program of the Business Improvement District; and
WHEREAS, as a result of the aforesaid report, substantial and thorough
studies and discussions were held throughout the business community to
explore the desirability of the Business Improvement District or Districts
for the Borough as well as the terms and conditions of the proposed Special
Improvement District Ordinance including the business area to be covered
by the Ordinance; and this work and discussion resulted in an Ordinance
entitled "An Ordinance Creating the Business Improvement District
within the Borough of Highlands and Designating a District Management
Corporation" being adopted on May 5, 1999; and
WHEREAS, it is contemplated by the Mayor and Council, working in
conjunction with the business community that in the future further action
will be taken to meet the needs and desires of the greater business community
which action may result in an amendment to this Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Highlands, pursuant to N.J.S.A. 40:56-65 et seq., as follows:
Section 1. Definitions.
- "Business
Improvement District" (sometimes also referred to as "District"
or "Special Improvement District") means an area within
the Borough of Highlands, designated by this Ordinance, as an area
in which a special assessment on property within the District shall
be imposed for the purposes of promoting the economic and general
welfare of the District.
- "District
Management Corporation" means "Business Improvement District
of Highlands, New Jersey, Inc. (also referred to as "management
corporation"), an entity incorporated pursuant to Title 15A of
the New Jersey Statutes, and designated by municipal ordinance to
receive funds collected by a special assessment within the Business
Improvement District, as authorized by this Ordinance and any amendatory
supplementary ordinances.
Section
2. Findings.
The Mayor and Council find and declare:
- That the area
within the Borough of Highlands, as described by lot and block number,
and by street addresses as set forth in Schedule A of this ordinance,
will benefit from being designated as a Business Improvement District.
- That a district
management corporation would provide administrative and other services
to benefit the businesses, employees, residents and consumers in the
Business Improvement District. These services shall be over and above
the services already provided to the District by the Borough.
- That a special
assessment shall be imposed and collected by the Borough with the
regular property tax payment or payment in lieu of taxes or otherwise,
and that all of these payments shall be transferred to the district
management corporation to effectuate the purposes of this ordinance
and to exercise the powers given to it by this ordinance.
- That it is in
the best interests of the municipality and the public to create a
Business Improvement District and to designate a district management
corporation.
- That the business
community should be encouraged to provide self-help and self-financing
programs to meet local business needs, goals and objectives.
Section
3. Creation of District
- There is hereby
created and designated within the Borough of Highlands a Business
Improvement District to be known as the Highlands Business Improvement
District consisting of the properties designated and listed on Schedule
"A" by tax lot and block number and street addresses. The
Business Improvement District shall be subject to special assessments
on all affected property within the District which assessment shall
be imposed by the Borough of Highlands for the purposes of promoting
the economic and general welfare of the District.
- All business
properties within the Business Improvement District, including all
private, non-residential assessed properties, are deemed included
in the assessing provisions of this ordinance and are expressly subject
to potential assessment made for Business Improvement District purposes
- All properties
within the Business Improvement District that are tax-exempt or are
used exclusively for residential purposes, are deemed excluded from
the assessing provisions of this ordinance and are expressly exempt
from any assessment made for Business Improvement District purposes.
Section
4. Appeal of Property Owner from Inclusion in the District
Any owner of property included within the Business Improvement District
and subject to the assessing provisions of this ordinance, may appeal
to the Tax Assessor of the Borough of Highlands, requesting to be excluded
from the District and from any assessment provisions of this Ordinance.
This appeal is only as to whether or not a property should be included
within the District under the standards set forth in Section 3 of this
Ordinance. It is not an appeal with regard to any taxes. Appeals with
regard to taxes should be taken in the usual manner to the Monmouth County
Board of Taxation or to the Tax Court. This appeal seeking exclusion from
the District and any assessment provisions of this Ordinance, shall be
in writing and specifically detail the factual basis for the appeal. The
Assessor shall investigate the matter and conduct an informal hearing
or conference within Thirty (30) days of receipt of the appeal. Within
ten (10) days after the conclusion of the informal hearing or conference;
the Assessor shall file a report and recommendation with the Governing
Body. The Governing Body shall review the matter and act within thirty
(30) days upon receipt of the report and recommendation from the Assessor.
Section
5. Assessments
- Operation
and Maintenance of District. Annual operation and maintenance
costs relating to services peculiar to the District, as distinguished
from services normally provided by the Borough, will provide benefits
primarily to the properties included within the District rather than
to the Borough as an entirety. These annual costs shall be assessed
and taxed to the benefited properties pursuant to the provisions of
this Ordinance and N.J.S.A. 40:56-65, et seq.
- 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 Borough may, by separate ordinance, or by amendment to this ordinance,
provide that improvements and facilities hereinafter acquired or developed
shall be operated and maintained and the costs assessed to the benefited
properties.
Section
6. The Designated District Management Corporation
The non-profit corporation, Business Improvement District of Highlands,
New Jersey, Inc., is hereby designated as the district management corporation
for the District. This management corporation shall conduct its business
in accordance with the Open Public Meetings Law. This corporation shall
have no power of condemnation or eminent domain. It shall regularly file
copies of the minutes of its meetings with the Borough Clerk so the minutes
shall be conveniently available to the public for inspection.
Section
7. Powers of the Designated District Management Corporation
The district management corporation, in addition to acting as an advisory
board to the Mayor and Council, shall have all powers and responsibilities
necessary and requisite to effectuate the purposes of this Ordinance and
the District, including, but not limited to:
- 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; the bylaws and other
corporate documents shall provide that the corporation shall conduct
its business in accordance with the Open Public Meeting Law; shall
conduct regular meetings no less than quarterly and that the Board
of Directors shall consist of twenty-one (21) members. As to the membership
of the Board of Directors it shall include (1) a member of the Governing
Body selected by the Governing Body; (2) a member of the Borough Planning
Board selected by the Governing Body; (3) one resident of the Borough
who shall not be an owner or occupant of commercial property within
the District. All of these appointments shall serve at the pleasure
of the appointing authority.
Additionally
the Board of Directors shall consist of one non-voting member appointed
from bodies such as:
- Northern Monmouth
Area Chamber of Commerce
- Gateway National
Park
- Twin Lights
Historic State Park
- Not Named
The
members appointed by these bodies shall serve at the pleasure of the appointing
body. The remaining fourteen (14) members of the Board of Directors shall
consist of owners or occupants of commercial property located within the
District. The Mayor and Council will designate the BID Steering Committee
members to carry on the duties of the non-profit corporation, to include
securing corporate and non-profit status and creation of bylaws, form
a nominating and election committee, utilize technical assistance of the
League of Women Voters. The BID Committee shall not expend or commit any
district management corporation funds without a simple majority vote of
BID Committee members. The bylaws shall provide for an election to create
the Board of Directors by owners and/or occupants of commercial property
included within the District, which election shall be held on or before
the third month anniversary from the date of the adoption of the ordinance.
Said elections will be for a term of three years, except, however, at
the first election five members shall be elected for one (1) year; four
members shall be elected for two (2) years and five members shall be elected
for three (3) years. Any vacancies with regard to these elected members
shall be filled by a majority vote of the Board members for the balance
of the term.
- 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
for the exterior appearance of properties in the District through
grants or loans. Standards for eligibility and standards for terms
of such grants and loans shall be established by the Board of Directors.
- Fund the rehabilitation
of properties in the District through grants or loans. Standards for
eligibility and standards for terms of such grants and loans shall
be established by the Board of Directors.
- Accept, purchase,
rehabilitate, sell, lease or management 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 municipality.
- Undertake improvements
designated 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 of
Highlands.
- Publicize the
District and the businesses 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.
Section
8. Annual Budget, Hearing and Assessments
- The fiscal year
of the District and of the management corporation shall be the calendar
year. The first budget has been approved by the Mayor and Council.
Hereafter, beginning December 1, 1999, the district management corporation
shall submit no later than December 1 of each year a detailed annual
budget for the following year for approval by the Mayor and Council.
The budget shall be processed and adopted by the Borough on or before
April 1st of each year in accordance with the procedures
set forth in N.J.S.A. 40:56-84.
- The budget shall
be submitted with a report, which explains how the budget contributes
to goals and objectives for the Business Improvement District together
with the following:
- The amount of
such costs to be charged against the general funds of the municipality,
if any.
- The amount of
costs 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
year.
- The amount of
costs, if any, to be specially assessed against properties in the
District.
- Each year, when
the Mayor and Council shall have acted on the estimated costs and/or
on the budget, the municipal assessor shall prepare an assessment
roll setting forth separately the amounts to be specially assessed
against the benefited and assessable properties in the District. Descriptions
of such properties, and the names of the ten current owners of such
properties, so far as names are available, shall be included in each
annual assessment roll. The assessment roll, when so prepared, shall
be filed in the office of the municipal clerk and be there available
for inspection. The Mayor and Council shall annually meet to consider
objections to the amounts of such special assessments at least 10
days after a notice of hearing has been published once in the official
newspaper and mailed to the named owners of all tracts, parcels and
lots of property proposed to be assessed. The notice shall set forth
the purpose of such meeting, buy may refer to the assessment roll
for further particulars. When the governing body shall have approved
the amounts of the special assessments set forth therein, or as may
be changed by it, the municipal clerk shall forthwith certify a copy
of the assessment roll, with such changes, if any to the Monmouth
County Tax Board.
- For the purpose
of this section, "annual improvements" shall mean and include
any reconstruction, replacement or repair of trees and plantings and
other facilities of the Business Improvement District and the furnishing
of any other local improvement which benefits properties within the
District. For the purpose of this act, "costs" shall, with
respect to annual improvements to and operation and maintenance of
the Business Improvement District, mean costs of annual improvements;
and all other costs, including planning costs, incurred or to be incurred
in connection with annual improvements to and operation and maintenance
of the District.
- Moneys appropriated
and collected on account of annual improvement costs, and costs of
operating and maintaining a Business Improvement District, shall be
credited to a special account. The Mayor and Council may incur the
annual costs of improving, operating and maintain a Business 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, it 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 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 conserved and applied towards
the financial requirements of the succeeding year.
- The Mayor and
Council shall pay over funds to the management corporation quarterly
on the first day or March, June, September and December of each year.
Section
9. Annual Audit of District Management Corporation
The district management corporation shall cause an annual audit of its
books, accounts and financial transactions to be made and filed with the
Mayor and Council and for that purpose the corporation shall employ a
certified public accountant of New Jersey. The annual audit shall be completed
and filed with the governing body within four months after the close of
the fiscal year of the corporations, 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 days of filing
of the audit with the Mayor and Council.
Section
10. Annual Report to Municipality
The district management corporation shall, within 30 days after the close
of each fiscal year, make an annual report of its activities for the preceding
fiscal year to the Mayor and Clerk of the Borough.
Section
11. Municipal Powers Retained
Notwithstanding the creation of a Business Improvement District, the Borough
of Highlands expressly retains all its powers and authority over the area
designed as within the Business Improvement District. No improvements
or modifications shall be made to any public property without the prior
formal approval of the Borough Governing Body.
Section
12. Severability
If any provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, such holding shall not affect other provisions
of the Ordinance and to this end the provisions of this Ordinance are
severable.
Section
13. Effective Date
This Ordinance shall take effect immediately after passage and publication
as required by law. This Ordinance shall expire in three (3) years unless
re-enacted by the Mayor and Council of the Borough of Highlands prior
to March 17, 2001. Upon the third anniversary of the Business Improvement
District, the ordinance will expire unless the Board of Directors recommend
the continuation of the BID with the approval of the Mayor and Council.
Seconded
by Mr. Rauen and approved on the following roll call vote:
ROLL
CALL:
AYES: Ms. Ruby, Mr. Bentham, Mr. Rauen and Mrs. Howard
NAYES: Mayor O’Neil
ABSENT: None
ABSTAIN: None
Date: May 5, 1999
___________________________________________
MICHELLE
LYNCH
Deputy Borough Clerk
Introduction:
03/17/99
Publication: 03/25/99
Reintroduce: 04/21/99
Publication: 04/22/99 Press
P.H. Date: 05/05/99
Adoption: 05/05/99
Publication:
Mr.
Rauen offered the following Ordinance
pass final reading, adopted and
be published according to law:
O-02-03
AN
ORDINANCE AMENDING O-99-06 SPECIAL IMPROVEMENT DISTRICT
WHEREAS,
by Ordinance No. O-99-06 the Borough of Highlands established a Special
Improvement District; and
WHEREAS,
Special Improvement Districts are largely business oriented, self-help
programs; and
WHEREAS,
the Borough Council has determined that rental apartments containing five
or more units are income producing properties and therefore businesses
that will derive significant benefit from inclusion within the Special
Improvement District and should therefore be subject to the special assessment
for the Special Improvement District; and
WHEREAS,
officials of the Municipality and representatives of the Business Improvement
District have undertaken a review of various properties to ensure that
properties that were intended to be included are in fact included within
the Special Improvement District where they had previously been excluded
by omission; and
WHEREAS,
it is the intention of the Governing Body to include said properties as
properties that benefit from the Special Improvement District; and should
be subject to assessment.
NOW,
THEREFORE, BE IT ORDAINED by the Borough Council of the Borough
of Highlands that Ordinance O-99-06 be and same is hereby amended as follows:
The
rental apartments containing five or more units on the attached Schedule
A as Class 4c are hereby included within the Special Improvement District
as established by Ordinance No. O-00-06 provided, however, that no assessment
shall be collected from Shore Landings, L.L.C. unless the decision of
the Superior court, Law Division in Shore Landings v. Borough of Highlands
is modified or reversed by appeal or agreement.
All
the properties included on Schedule A as Class 4 income producing properties
hereto are hereby deemed to be included within the Special Improvement
District as established by Ordinance No. O-99-06.
The
continued validity of Ordinance No. O-00-06 is hereby confirmed and ratified,
except that same is modified herein and except that Section III, Creation
of District, Items B and C are hereby deleted.
Seconded by Ms. Ruby and approved on the following roll call vote:
ROLL CALL:
AYES: Ms. Ruby, Mr. Rauen and Mayor O’Neil
NAYES: Mr. Caizza, Mr. Urbanski
ABSENT: None
ABSTAIN: None
Date: March 20, 2002
__________________________________________
Nina Light Flannery, Borough Clerk
Michelle DeLuca, Deputy Clerk
Introduction: 02-20-2002
Publication: 03-05-2002
PHD: 03-20-2002
Adoption: 03-20-2002
Publication: 04-04-2002 |