[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 6-28-2005 by Ord. No. 2019-2005. Amendments noted
where applicable.]
GENERAL REFERENCES
Land development — See Ch. 125.
The purposes of this chapter are to:
A.
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").
B.
Allow all those who live, work or invest in the District
to contribute to the improvement of the District.
C.
Foster the building of a nonpartisan private/public
partnership to implement the improvement of Broadway.
D.
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:
(Also referred to as "DMC.") Fair Lawn Main Street, 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 Broadway Special Improvement District
(the "District"), as authorized by this chapter and any amendatory
ordinances.
[Amended 2-7-2023 by Ord. No. 2647-2023]
(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[1] 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.
[1]
Editor's Note: Said Schedule A is on file
in Borough offices.
The Mayor and Council find and declare that:
A.
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).
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.[1]
[1]
Editor's Note: Said Schedule B is on file
in Borough offices.
A.
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.
B.
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.
C.
Owner-occupied one- and two-family residential premises
are not subject to the assessment as set forth herein.
[Amended 2-7-2023 by Ord. No. 2647-2023]
A.
The nonprofit corporation, Fair Lawn Main Street,
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 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:
(1)
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;
(2)
Employ such persons as may be required and to fix
and pay their compensation from funds available to the district management
corporation;
(3)
Apply for, accept, administer and comply with the
requirements respecting an appropriation of funds or a gift, grant
or donation of property or money;
(4)
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;
(5)
Administer and manage its own funds and accounts and
pay its obligations;
(6)
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;
(7)
Fund the improvement of the exterior appearance of
properties in the District through grants or loans;
(8)
Fund the rehabilitation of properties in the District;
(9)
Accept, purchase, rehabilitate, sell, lease or manage
property in the District;
(10)
Enforce the conditions of any loan, grant, sale or
lease made by the district management corporation;
(11)
Provide security, sanitation and other services to
the District, supplemental to those provided normally by the municipality;
(12)
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;
(13)
Publicize the District and the businesses included
within the District boundaries;
(14)
Recruit new businesses to fill vacancies in, and to
balance the business mix of, the District;
(15)
Organize special events in the District;
(16)
Provide special parking arrangements for the District;
(17)
Provide temporary decorative lighting in the District;
(18)
Advise the Mayor and Council, from time to time, on
the control and regulation of:
(a)
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;
(b)
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;
(c)
The issuance of permits to conduct any special
activity consistent with the broad purposes of the special improvement
district;
(d)
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.
(e)
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.
(19)
Review all applications, plans, specifications, etc.
for the proposed construction or alteration of any and all exterior
improvements to buildings and facades within the District for the
purpose of providing advice and recommendations to those wishing to
improve their properties consistent with the recommendations of Fair
Lawn Main Street, 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.
B.
In order to receive any funds or exercise any of the
powers granted herein, the Board of Directors of Fair Lawn Main Street,
Inc., shall include one member of the Borough Council.
A.
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.
B.
Nothing contained herein shall be interpreted or construed
to be a vacation, in whole or in part, of any municipal street or
part thereof.
C.
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.
D.
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.
A.
The fiscal year of the District shall be the same
as the Borough of Fair Lawn.
B.
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.
C.
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:
(1)
The amount of such costs to be charged against the
general funds of the Borough, if any;
(2)
The amount of costs to be charged and assessed against
properties benefited in the District in proportion to benefits against
properties in the District;
(3)
The amount of costs, if any, to be specially taxed
against properties in the District.
D.
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:
E.
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.
F.
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.
G.
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.
H.
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.
I.
The budget, as advertised, shall be read at the public
hearing in full, or it may be read by its title, if:
(1)
At least one week prior to the date of the hearing
a complete copy of the approved budget, as advertised:
J.
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.
K.
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:
(1)
Add a new item in an amount in excess of 1% of the
total amount stated in the approved budget; or
(2)
Increase or decrease any item by more than 10%; or
(3)
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.
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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.
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L.
Final adoption shall be by resolution, adopted by
a majority of the full membership of the governing body, and may be
by title.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
