New Jersey § 52:27i-39

§ 52:27i-39.

a. For the purposes of this section: “ Affected municipality ” means a municipality that is located within, in whole or in part, a Fort Monmouth

special improvement district established pursuant to subsection b. of this section. “ Fort Monmouth special improvement district ” means an area within the project area designated by resolution of the authority

and by concurring ordinance of an affected municipality as an area in which a special

assessment on property within the project area shall be imposed for the purposes of

promoting the economic and general welfare of the project area. The resolution shall exempt residential properties, residential portions of mixed

use properties, or parcels with any number of residential units located within the

Fort Monmouth special improvement district from special assessment. The resolution may exempt vacant properties within the Fort Monmouth special improvement

district from special assessment. b. A Fort Monmouth special improvement district resolution may be adopted if the authority

finds: (1) that an area within the project area, as described by lot and block numbers

and by street addresses in the enabling resolution, would benefit from being designated

as a Fort Monmouth special improvement district; (2) that the authority would provide

administrative and other services to benefit the businesses, employees, residents

and consumers in the Fort Monmouth special improvement district; (3) that a special

assessment shall be imposed and collected by the affected municipality or municipalities

with the regular property tax payment or payment in lieu of taxes or otherwise, and

that all or a portion of these payments shall be transferred to the authority to effectuate

the purposes of this act and to exercise the powers given to it by resolution; and

(4) that it is in the best interest of the public to create a Fort Monmouth special

improvement district. If the authority determines that the imposition and collection of the special assessment

will involve annual costs to an affected municipality in addition to the initial cost

of the imposition and collection of the regular property tax payment or payment in

lieu of taxes or otherwise, and that such annual costs relate to property tax payment

imposition and collection activities peculiar to the Fort Monmouth special improvement

district, and distinguished from property tax payment imposition and collection activities

normally provided by the municipality outside of the Fort Monmouth special improvement

district, the authority shall provide that the property tax payment imposition and

collection activities of the affected municipality be conducted pursuant to the provisions

of this act and provide that no more than 25 percent of the funds generated from the

proceeds of the collection of the special assessment be retained by the affected municipality

to cover the costs of the property tax payment imposition and collection activities

of the affected municipality conducted pursuant to the provisions of this act. The percentage amount of funds to be retained by the affected municipality for such

purpose shall be established by agreement with the authority and by concurring ordinance

of the affected municipality prior to the collection of the special assessment, and

such percentage amount shall not be changed throughout the duration of the agreement. c. The authority may, by resolution, authorize the commencement of studies and the

development of preliminary plans and specifications relating to the creation and maintenance

of a Fort Monmouth special improvement district, including, whenever possible, estimates

of construction and maintenance, and costs and estimates of potential gross benefit

assessment. These studies and plans may include criteria to regulate the construction and alteration

of facades of buildings and structures in a manner which promotes unified or compatible

design. d. Upon review of the reports and recommendations submitted, a resolution may be adopted

authorizing and directing the establishment and maintenance of a Fort Monmouth special

improvement district. In addition to other requirements for the consideration and adoption of resolutions,

at least 10 days prior to the date fixed for a public hearing thereon, a copy of the

proposed resolution and notice of the date, time, and place of the hearing shall be

mailed to the owners of the lots or parcels of land abutting or included in the Fort

Monmouth special improvement district proposed by the resolution. e. A Fort Monmouth special improvement district resolution may provide that a Fort

Monmouth special improvement district shall be deemed a local improvement in accordance

with this act and the provisions of chapter 56 of Title 40 of the Revised Statutes, R.S.40:56-1 et seq. ; that all costs of development, construction, and acquisition relating to the provision

of improvements for a Fort Monmouth special improvement district, as the case may

be, shall be financed by the authority and assessed by the affected municipality or

municipalities, as the case may be, to properties especially benefited thereby as

provided generally by R.S.40:56-1 et seq. , and the resolution shall list and describe, by lot and block numbers and by street

addresses, all properties to be assessed for the Fort Monmouth special improvement

district improvements. The affected municipality or municipalities, as the case may be, may provide by

ordinance or parallel ordinance for one or more special assessments within the Fort

Monmouth special improvement district in accordance with chapter 56 of Title 40 of

the Revised Statutes, R.S.40:56-1 et seq. ; provided that the special assessment carried out pursuant to this section shall

be deemed an assessment for benefits and shall be as nearly as may be in proportion

to and not in excess of the peculiar benefit, advantage, or increase in value which

the respective lots and parcels of real estate shall be deemed to receive by reason

of such improvement. f. If the authority determines that the improvements will involve annual costs to

an affected municipality, in addition to the initial cost of constructing and making

the improvements, and that such annual costs relate to maintenance services peculiar

to the Fort Monmouth special improvement district, and distinguished from maintenance

services normally provided by the municipality outside of the Fort Monmouth special

improvement district, and will provide benefits primarily to property included in

the district, rather than to the municipality as a whole, the resolution shall provide

that the improvements and facilities thereof shall be operated and maintained pursuant

to the provisions of this act and the municipality shall be authorized to provide

that the costs thereof be assessed or taxed to benefited properties or businesses

pursuant to the provisions of section 16 of P.L.1972, c. 134 ( C.40:56-80 ). At any time after the Fort Monmouth special improvement district resolution has

been adopted or lands have been acquired or improved for a Fort Monmouth special improvement

district, the authority may upon such determination provide, by separate resolution

or by amendment to the resolution, that the improvements and facilities thereof shall

be so operated and maintained and the costs so assessed to benefited properties or

businesses. In any such case, such resolution shall describe the properties to be assessed,

or in which any businesses may be contained which may be assessed, for such annual

costs, which area may be given the name “(name of Fort Monmouth Special Improvement

District) Fort Monmouth Improvement District.”