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:
DISTRICT MANAGEMENT CORPORATION
(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]
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.
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.
[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.
This special improvement district shall become
operable upon the passage of this chapter according to law.