[HISTORY: Adopted by the Township Committee
of the Township of Union 6-22-1993 by Ord. No. 4254 (Ch. 471 of the 2004
Code). Amendments noted where applicable.]
[Amended 7-27-1993 by Ord. No. 4261]
There is hereby created and designated within
the Township of Union the Union Township Special Improvement District,
hereinafter designated by street address and tax lot and block number
as set forth in Appendix A attached hereto and made part hereof[1] and referred to in § 505-3 hereof. The district shall be subject to a special assessment on all property within said district which shall be imposed by the Township of Union and collected with the regular property tax payment or payment in lieu of taxes or otherwise, and all of these payments shall be transferred to the District Management Corporation to effectuate the purposes of the statute and to exercise the powers given to it by this chapter and for the purposes of promoting the economic and general welfare of said district and the municipality.
[1]
Editors Note: Appendix A is on file in the
office of the Township Clerk, where it may be examined during regular
office hours.
[Amended 7-27-1993 by Ord. No. 4261]
It is the intention and purpose of this chapter to encourage and endeavor to have the exteriors of all structures in the district which are or become used, whether all or in part, for nonresidential use, as defined in Chapter 170, Land Development, of the Township of Union to be representative of the design of nonresidential structures in existence during the Williamsburg Era to the end that, with the passing of time, Williamsburg facades will be existent on such structures as much as the original architecture of the structure will architecturally allow, or as much as possible to have the structures returned to their original architectural designs. Therefore, no building permit shall be issued for the construction, alteration or signage of any such building or structures without the prior review and approval of the District Management Corporation to assure compliance with the above design criteria. The aforementioned Williamsburg Era facades requirement is only applicable to new tenant occupancy. In addition, on or after the effective date of this chapter, the Planning Board shall not approve site plans or subdivisions unless and until the proposed exterior design of said structures shall have first been submitted to the District Management Corporation. Said District Management Corporation shall review all said plans and shall recommend to the Construction Code Official approval or disapproval of said plans, with a copy of said recommendation to be delivered to the applicant.
All costs of development, construction and acquisition
relating to providing public improvements for the district not borne
by federal, state, county or local governments shall be financed and
assessed to properties specially benefited by such improvements. The
properties specially benefited by the creation of the district as
described by lot and block number and street address are listed in
Appendix A attached hereto made part hereof.[1]
[1]
Editors Note: Appendix A is on file in the
office of the Township Clerk, where it may be examined during regular
office hours.
A.
It is hereby determined
that the improvements in the district may involve annual costs in
addition to the initial cost of constructing and making improvements
within the district. Such annual costs relate to maintenance services
peculiar to the district and are distinguished from maintenance services
normally provided by the Township outside of the district and will
provide benefits primarily to the property included in the district
rather than to the Township 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 et seq., and the costs thereof
shall be assessed or taxed to the benefited properties or businesses
pursuant to this chapter and N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85.
The properties to be assessed or taxed to provide for the payment
of such annual costs are set forth in Appendix A[1] mentioned in § 505-3 hereof.
[1]
Editors Note: Appendix A is on file in the
office of the Township Clerk, where it may be examined during regular
office hours.
B.
Said annual costs
shall not exceed the sum of $150,000, plus a CPI increase over the
base year 1993.
[Added 7-27-1993 by Ord. No. 4261]
C.
The first annual
budget commencing July 1, 1993, shall be $124,871.
[Added 7-27-1993 by Ord. No. 4261]
A.
Concurrently with
the submission of the Improvement Implementation Plan for the Special
Improvement District and annually thereafter, the District Management
Corporation, with the assistance of the Township Administrator, shall
report to the Township Committee an estimate of the cost of operating
and maintaining and annually improving the district for the next fiscal
year to be incurred under the plan and an estimate of changes in the
amounts of said costs which would follow upon the adoption of any
addition or amendment to the plan recommended to or under consideration
by the Township Committee.
B.
Such estimate
shall be reasonably itemized and shall include a summary of the categories
of cost properly chargeable in accordance with N.J.S.A. 40:56-80.
The Township Administrator, with the assistance and concurrence of
the District Management Corporation, shall submit a detailed annual
budget for approval by resolution of the Township Committee in accordance
with the statute.
There is hereby created the Township of Union
District Management Corporation, which shall exercise the following
powers:
A.
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.
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 and the appropriation
of funds or a gift, grant 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 person, 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 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,
rehabilitate, 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 municipality.
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 and those improvements generally permitted for pedestrian
malls under Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant
to pertinent regulations of the governing body.
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.
Provide special
parking arrangements for the district.
Q.
Provide temporary
decorative lighting in the district.
R.
Operate its budget
on a fiscal year commencing July 1 and terminating on June 30 of each
year.
[Added 7-27-1993 by Ord. No. 4261]
The Corporation shall be governed by a Board
of Trustees consisting of nine members, appointed by the Township
Committee as follows:
A.
A member of the
Township Committee appointed by a majority vote of the full Township
Committee; two residents of the Township of Union who are neither
an owner or tenant of property in the district nor conduct a business
therein nor is a stockholder, officer, employee or director of any
business conducted in the district; three persons who are owners of
real estate located within the district or officials of a corporation
or entity owning real estate within the district; and three persons
who are proprietors or employees of businesses conducted in the district.
B.
The appointment
of members of the Board of Trustees shall initially be as follows:
two members for a one-year term; three members for two-year terms;
and three members for three-year terms. Thereafter, appointments will
be for three-year terms. Terms shall expire on December 31. The term
of the member of the Township Committee shall expire on December 31
each year.
C.
Appointments to
the Board of Trustees shall be made by the Township Committee. Vacancies
on the Board will be filled by the Township Committee for the unexpired
term.
D.
The Chairman of
the Board of Trustees shall be appointed by the Township Committee
annually.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes service mainly to cut, dress, groom, style and shave
men and boy's hair.
[Added 3-14-2017 by Ord.
No. 5412]
Shall include any business whose services include but are
not limited to blow outs, up-dos, make up applications, manicures,
pedicures, waxing, hair and styling, tinting and facials, and massages.
[Added 3-14-2017 by Ord.
No. 5412]
Includes service dealing with cosmetic treatments for men
and women, including cutting hair and styling and which may also include
a spa. This further includes but is not limited to services related
to skin health, facial aesthetic, foot care, nail manicures, aromatherapy,
even meditation, oxygen therapy, mud baths, and many other services.
[Added 3-14-2017 by Ord.
No. 5412]
Includes any business whose primary business is providing
manicures, pedicures or other fingernail and/or toenail cosmetic treatment.
[Added 3-14-2017 by Ord.
No. 5412]
Are intended to be defined in the same manner as said terms
are defined in N.J.S.A. 40:56-66 and are adopted by reference thereto.[1]
[1]
Editor's Note: Original § 243-9,
Review, of the 1986 Code, and original § 243-10, Expiration
date, of the 1986 Code, both added 7-27-1993 by Ord. No. 4261, which
previously followed this section, were repealed 6-23-1998 by Ord.
No. 4543.
At least 10 days prior to the date fixed for
a public hearing on this chapter, a copy hereof and notice of the
date, time and place of said hearing shall be mailed by certified
mail to all the parties owning real property within the Special Improvement
District as listed in Appendix A attached hereto.[1]
[1]
Editors Note: Appendix A is on file in the
office of the Township Clerk, where it may be examined during regular
office hours.
[Added 11-10-2005 by Ord. No. 4914]
A.
Nail salons.
[Amended 3-14-2017 by Ord. No. 5412]
(1)
Location. Within the confines
of the Special District, no nail salon, hair salon, beauty salon,
barbershop, or beauty bar shall be located within 1,000 feet of any
existing nail salon, hair salon, beauty salon, barbershop, or beauty
bar as defined herein. The distance between the businesses shall be
measured from the nearest entrance of an existing business to the
nearest entrance of the proposed new business along the route that
a pedestrian would normally walk.
B.
Parking of large trucks and nonprivate passenger
automobiles prohibited.
[Added 7-9-2013 by Ord. No. 5271]
(1)
The parking, including stopping or standing, of
motor vehicles in the Special Improvement District shall be restricted
to private passenger automobiles or trucks of a capacity not greater
than 3/4 of a ton.
(2)
Violations. Any person violating any of the provisions
of this chapter shall, upon conviction thereof, be subject to a penalty
not exceeding $2,000 or to imprisonment for a period not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
