[HISTORY: Adopted by the Council of the Borough of Fair Lawn 6-28-2005 by Ord. No. 2019-2005. Amendments noted where applicable.]
Land development — See Ch. 125.
The purposes of this chapter are to:
Foster the District's economic development, encourage the District's revitalization and strengthen the District's economic and commercial contributions to residents and property owners of the Borough of Fair Lawn (also referred to as the "Borough").
Allow all those who live, work or invest in the District to contribute to the improvement of the District.
Foster the building of a nonpartisan private/public partnership to implement the improvement of Broadway.
Foster and create self-help programs to improve the local business climate.
As used in this chapter, the following terms shall have the meanings indicated:
- DISTRICT MANAGEMENT CORPORATION
- (Also referred to as "DMC.") The Broadway Improvement Corporation, Inc., an entity incorporated pursuant to Title 15A of the New Jersey Statutes and designated by this chapter to receive funds collected by a special improvement assessment within the special improvement district, as authorized by this chapter and any amendatory ordinances.
- SPECIAL IMPROVEMENT DISTRICT
- (Aslo referred to as "District" or "SID.") That area within the Borough of Fair Lawn described by block and lot numbers and street addresses as set forth in Schedule A and designated by this chapter as an area in which a special assessment on property within the District shall be imposed for the purpose of promoting the economic and general welfare of the District and the Borough of Fair Lawn.
Editor's Note: Said Schedule A is on file in Borough offices.
The Mayor and Council find and declare that:
The Broadway District of the Borough of Fair Lawn has special needs and requires special services that can best be achieved through a private/public partnership implemented by a special improvement district (SID) and a district management corporation (DMC).
The creation of a special improvement district and designation of a district management corporation will promote economic growth and implement, foster and encourage commercial development business vitality, expansion and self-help, and improve the business climate and otherwise be in the best interest of the property owners in the District and in the Borough of Fair Lawn.
The area within the Borough of Fair Lawn as described by lot and block numbers and by street addresses, as set forth in Schedule A of this chapter will benefit from being designated as a special improvement district.
A district management corporation will provide the administrative, programming and other services to benefit the businesses, employees, residents and consumers in the special improvement district and the district management corporation would assist the Borough of Fair Lawn in promoting economic growth, employment and development.
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 chapter and any amendatory ordinances and to exercise the powers given to it by this chapter.
It is in the best interests of the Borough of Fair Lawn and the public to create a special improvement district and to designate a district management corporation; except that no district management corporation shall be designated to receive any funds or to exercise any powers pursuant to the provisions of N.J.S.A. 40:56-83 et seq., and any amendatory statutes, unless the board of directors of that corporation shall include at least one member of the municipal Council of the Borough of Fair Lawn.
There is hereby created and designated within the Borough of Fair Lawn a special improvement district to be known as the Fair Lawn Broadway Special Improvement District consisting of properties designated and listed by tax lot and block number and street addresses on Schedule A attached hereto. The special improvement district shall be subject to special assessments on all affected property within the District, which assessment shall be imposed by the Borough for the purposes of promoting the economic and general welfare of the District and the Borough of Fair Lawn.
All properties within the special improvement district, including but not limited to all commercial, industrial and commercial-residential properties, are deemed included in the assessing provisions of this chapter and are expressly subject to potential tax or assessment made for special improvement district purposes.
Only those properties within the special improvement district that are tax-exempt or used solely for single-family or two-family owner-occupied residence are deemed excluded from the assessing or taxing provisions of this chapter and are expressly exempt from any assessment made for special improvement district purposes.
The owner of any premises that have been declared exempt under this chapter by virtue of being a single-family or two-family owner-occupied residence shall certify to the Borough Tax Assessor on or before November 1 in each year information to substantiate the exemption pursuant to the form attached hereto as Schedule B.
Editor's Note: Said Schedule B is on file in Borough offices.
It is hereby determined that the operation and maintenance of the District may involve annual costs relating to services peculiar to the District that are distinguished from operation and maintenance services normally provided by the Borough of Fair Lawn outside the District. Pursuant to this chapter and N.J.S.A. 40:56-83 et seq., those annual costs shall be assessed or taxed to the benefited properties or businesses. The properties to be assessed or taxed to provide for the payment of such annual costs are described in § 74-4 hereof.
Each year when the Mayor and Council shall have acted on the estimated costs and/or on the budget of the District the Tax 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 name of the then-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 Borough of Fair Lawn 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 to be assessed. The notice shall set forth the time and place of the meeting, and set forth the purpose of such meeting, but may refer to the assessment roll for further particulars. When the Mayor and Council shall have approved the amounts of the special assessments set forth therein, or as may be changed by it, the Borough of Fair Lawn Municipal Clerk shall forthwith certify a copy of the assessment roll with supplements to the roll to the County Board of Taxation.
Owner-occupied one- and two-family residential premises are not subject to the assessment as set forth herein.
The nonprofit corporation, the Broadway Improvement Corporation, Inc., an entity incorporated pursuant to N.J.S.A. 15A: 1-1 et seq., is hereby designated as the district management corporation for the District and designated by this chapter to receive funds collected by a special improvement assessment within the special improvement district. This management corporation, in addition to acting as an advisory board to the Mayor and Council, shall have all powers necessary and requisite to effectuate the purpose of this chapter and the District including but not limited to:
Adopt bylaws for the regulation of its affairs and conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its function and duties;
Employ such persons as may be required and to fix and pay their compensation from funds available to the district management 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 obligations;
Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods, subject to the approval of the Mayor and Council by resolution;
Fund the improvement of the exterior appearance of properties in the District through grants or 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 district management corporation;
Provide security, sanitation and other services to the District, supplemental to those provided normally by the municipality;
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 Borough;
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;
Advise the Mayor and Council, from time to time, on the control and regulation of:
The distribution and location of movable furniture, sculpture or pedestrian traffic control devices, landscaping and other facilities belonging to the special improvement district, as the case may be, and not otherwise located or fixed by the plans and specifications;
The uses to be permitted within the special improvement district property 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;
The issuance of permits to conduct any special activity consistent with the broad purposes of the special improvement district;
The operation of any lighting, heating or other facilities in the special improvement district property, replacing landscaping and maintaining the furniture and facilities in the special improvement district property.
The acquisition and construction of improvements and the operation and maintenance thereof in the special improvement district, and making of a plan therefore, and the recommendations, comments or requests of members of the public and of owners and occupants of property included within the special improvement district.
Review all applications, plans, specifications, etc. for the proposed construction or alteration of any and all exterior improvements to buildings and facades within the special improvement district for the purpose of providing advice and recommendations to those wishing to improve their properties consistent with the recommendations of the Broadway Improvement Corporation, Inc. Recommendations made under this section shall be in writing and will be forwarded to the appropriate approving authority, namely the Borough of Fair Lawn Construction Code Official, Borough of Fair Lawn Planning Board or the Borough of Fair Lawn Board of Adjustment. Nothing contained herein shall delay any starting time frames within which the Construction Official, the Planning Board and Zoning Board must take appropriate actions.
In order to receive any funds or exercise any of the powers granted herein, the Board of Trustees of the Broadway Improvement Corporation, Inc., shall include one member of the governing body of the municipality and the Borough Manager.
Notwithstanding the creation of a special improvement district, the Borough of Fair Lawn expressly retains all its powers and authority over the area designated as being within the special improvement district.
Nothing contained herein shall be interpreted or construed to be a vacation, in whole or in part, of any municipal street or part thereof.
The district management corporation shall not make or enter into any contracts for the improvement of any publicly owned or operated facility or property within the special improvement district, nor adopt any regulation relating to public property in such District unless the Mayor and Council of the Borough of Fair Lawn delegates to the district management corporation, by ordinance, the contracting of work to be done on any street or streets or on any other municipal property within the special improvement district, provided the district management corporation, as the contracting unit, complies with the New Jersey Local Public Contracts Law, Public Law 1971, Chapter 198 (N.J.S.A. 40A:11-1 et seq.) and provided the plans, specifications and bid requirements as applicable for the work contracted shall be approved by the Municipal Engineer and the Mayor and Council, by resolution, prior to initiation of any action for the awarding of a contract under the Local Public Contracts Law.
The district management corporation shall comply with all applicable ordinances or regulations of the Borough of Fair Lawn and the County of Bergen, State of New Jersey and federal government.
The fiscal year of the District shall be the same as the Borough of Fair Lawn.
The district management corporation shall submit a detailed annual budget for each upcoming fiscal year no later than December 31 of the preceding year for approval by resolution by the Mayor and Council.
The budget shall be submitted with a report which explains how the budget contributes to goals and objectives for the special improvement district. The budget shall be reasonably itemized and shall include a summary of the categories of cost properly chargeable as follows:
The amount of such costs to be charged against the general funds of the Borough, if any;
The amount of costs to be charged and assessed against properties benefited in the District in proportion to benefits against properties in the District;
The amount of costs, if any, to be specially taxed against properties in the District.
The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Borough Municipal Council. The procedure shall be as follows:
The budget shall be introduced in writing at a meeting of the Mayor and Council. Approval thereof shall constitute a first reading, which may be by title. Mayor and Council, upon approval of the budget, shall fix the time and place for the holding of a public hearing upon the budget.
The budget shall be advertised after approval. The advertisement shall contain a copy of the budget and shall set forth the date, the time and place of the hearing. It shall be published at least 10 days prior to the date fixed therefor in the official newspaper of the Borough.
No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein shall have been given an opportunity to present objections. The hearing shall be held not less than 28 days after the approval of the budget.
The public hearing shall be held at the time and place specified in the advertisement thereof, but may be adjourned from time to time until the hearing is closed.
The budget, as advertised, shall be read at the public hearing in full, or it may be read by its title, if:
At least one week prior to the date of the hearing a complete copy of the approved budget, as advertised:
After closing the hearing, the governing body may adopt the budget by title, without amendments, or may approve amendments, as provided in Subsection K, before adoption.
The governing body may amend the budget during or after the public hearing. No amendment by the governing body shall be effective until the taxpayers and all persons having an interest therein shall have been granted a public hearing thereon, if the amendment shall:
Add a new item in an amount in excess of 1% of the total amount stated in the approved budget; or
Increase or decrease any item by more than 10%; or
Increase the amount to be raised pursuant to Section 16 of Public Law 1972, Chapter 134 (N.J.S.A. 40:56-80), or Section 19 of this amendatory and supplementary act by more than 5%, unless the same is made pursuant to an emergency temporary appropriations only.
Notice of hearing on an amendment shall be advertised at least three days before the date set therefor. The amendment shall be published in full in the same manner as an original publication and shall be read in full at the hearing and before adoption.
Final adoption shall be by resolution, adopted by a majority of the full membership of the governing body, and may be by title.
Monies appropriated and collected for the annual costs of operating and maintaining a special improvement district shall be credited to a special account. The Mayor and Council may incur the annual costs of improving, operating and maintaining a special improvement district during a 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 operation or maintenance prior to the succeeding fiscal year and so long as the total amount of the account approved for that year is not exceeded by that expenditure. Any balances to the credit of the account and remaining funds unexpended at the end of the fiscal year shall be maintained and applied towards the financial requirements of the special improvements district for the succeeding year.
The Mayor and Council may retain a portion of the collected special assessment proceeds to offset the direct costs incurred in the required assessment and budget processes.
The Mayor and Council shall pay over funds to the management corporation quarterly on the fifteenth day of February, May, August and November of each year. The Borough of Fair Lawn shall not be obligated to pay over funds not received by the Borough of Fair Lawn.
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 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 corporation, and a certified copy of the audit shall be filed with the Director of Community Affairs within five days of the filing of the audit with the Mayor and Council.
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 Council and the Borough Clerk.
Nothing contained herein shall prevent the Mayor and Council at any time, subsequent to the adoption of this chapter, by ordinance abandoning the operation of the special improvement district, changing the extent of the special improvement district, supplementing or amending the description of the District to be specially assessed or taxed for annual costs of the special improvement district, changing or repealing any plan, rules, requisitions or limitations adopted for the operation of the special improvement district or rescinding the designation of, or redesignating a district management corporation.
This special improvement district shall become operable upon the passage of this chapter according to law.