[HISTORY: Adopted by the Council of the Borough
of Fair Lawn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-10-1997 by Ord. No. 1687-97]
The purposes of this article 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 River Road.
D.
Foster and create self-help programs to improve the
local business climate.
As used in this article, the following terms
shall have the meanings indicated:
Fair Lawn Main Street, Inc., an entity incorporated pursuant
to Title 15A of the New Jersey Statutes and designated by this article
to receive funds collected by a special improvement assessment within
the River Road Special Improvement District (the “District”),
as authorized by this article and any amendatory supplementary ordinances.
[2-7-2023 by Ord. No. 2647-2023]
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 article 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.
[1]
Editor's Note: Schedule A is on file in the
office of the Municipal Clerk.
The Mayor and Council find and declare that:
A.
The River Road Commercial 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 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.
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 that the District Management Corporation would assist the borough
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 article and any amendatory and supplementary statutes
and to exercise the powers given to it by this article.
F.
It is in the best interests of the borough 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. 40:56-65 et seq.,
and any amendatory or supplementary statutes, unless the Board of
Directors of that cooperation shall include at least one member of
the Municipal Council of the borough.
A.
There is hereby created and designated within the
Borough of Fair Lawn a Special Improvement District to be known as
the "River Road Special Improvement District," consisting of properties
designated and listed by tax lot and block number and street addresses
on Schedule A[1] 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.
[1]
Editor's Note: Schedule A is on file in the
office of the Municipal Clerk.
B.
All business or commercial properties within the Special
Improvement District, including all but not limited to all commercial,
industrial and commercial residential properties are deemed included
in the assessing provisions of this article 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 for solely single-family residential
are deemed excluded from the assessing or taxing provisions of this
article 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 article 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 substantiating the
exemption pursuant to the form attached hereto as Schedule B.
[Added 3-10-1998 by Ord. No. 1714-98]
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 outside the District. Those annual costs shall be assessed or taxed to the benefited properties or businesses pursuant to this article and N.J.S.A. 40:56-65 et seq. The properties to be assessed or taxed to provide for the payment of such annual costs are described in § 180-4 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 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 Municipal Clerk shall forthwith certify
a copy of the assessment roll with supplements to the roll to the
Bergen County Board of Taxation.
C.
Owner-occupied two-family residential premises are
not subject to the assessment as set forth herein.
[Added 9-23-1997 by Ord. No. 1697-97]
[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 article 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 article and the District, including but not limited
to the following:
(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 Mayor and Council by resolution;
(7)
Fund the improvement for 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)
Advise the Mayor and Council in connection with
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;
(16)
Provide special parking arrangements for the
District;
(17)
Provide temporary decorative lighting in the
District;
(18)
Organize special events in the 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 Special Improvement
District for the purpose of providing advice and recommendations to
those wishing to improve their properties consistent with the recommendations
found within the Master Plan for the Improvement of River Road and
any subsequent design suggestions based on the principles found within
the Master Plan. Recommendations produced under this section will
be forwarded to the appropriate approving authority, namely the Borough's
Construction Code Official, Fair Lawn Planning Board or the Fair Lawn
Board of Adjustment;
(20)
Determine the distribution and location of movable
furniture, sculpture or pedestrian traffic control devices, landscaping
and other facilities not otherwise located or fixed by the plans and
specifications.
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 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 Fair Lawn Main Street, Inc., 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 that the
District Management Corporation, as the contracting unit, complies
with the New Jersey Local Public Contracts Law, P.L. 1971, c. 198
(N.J.S.A. 40A:11-1 et seq.), and provided the plans and specifications
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.
[2-7-2023 by Ord. No. 2647-2023]
D.
The District Management Corporation shall comply with
all applicable ordinances or regulations of the Borough of Fair Lawn.
A.
The fiscal year of the District shall be the same
as the borough.
B.
The District Management Corporation shall submit a
detailed annual budget for the upcoming fiscal year by no later than
December 31 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
specific 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 lest 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.
(1)
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:
(2)
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.
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.
Moneys 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 not exceeded by that expenditure.
Any balances to the credit of the account and remaining unexpended
at the end of the fiscal year shall be maintained and applied towards
the financial requirements of 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 15th day of February, May,
August and November of each year. The borough shall not be obligated
to pay over funds not received by the borough.
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 Municipal Clerk.
Nothing contained herein shall prevent the Mayor
and Council at any time, subsequent to the adoption of this article,
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 article.
[Adopted 4-18-2001 by Ord. No. 1850-2001]
This article shall be known as the "Cooperative
Parking Plan for the River Road Special Improvement District in the
Borough of Fair Lawn."
A.
The purpose of this article is to establish cooperative
parking in the form of a cooperative parking implementation plan and
cooperative parking agreement formats relating to available off-street
parking spaces in the River Road B-4/B-5 Special Improvement District.
[Amended 4-23-2019 by Ord. No. 2500-2019]
B.
This plan is to meet the goals for improving the economic
vitality of River Road as described, inter alia, in the following
documents:
(1)
The recommendations for the improvement of River Road
by the Community Advocates 1994.
(2)
The Master Plan for the improvement of River Road
by Maser Sosinski Associates, 1996, and adopted by the Borough of
Fair Lawn and the Borough of Fair Lawn Planning Board in 1997.
(4)
Recommendations for cooperative parking prepared by
Bier Associates, February and September 2000.
(5)
Parking space summary for the Fair Lawn Main Street,
Inc., prepared by Bohler Engineering on October 23, 1998.
[2-7-2023 by Ord. No. 2647-2023]
C.
The plan will:
(1)
Provide a more efficient utilization of individual
parking lots and spaces which will be joined together to form the
cooperative parking system.
(2)
Allow greater efficiency and utilization of off-street
parking throughout the district.
[Amended 4-23-2019 by Ord. No. 2500-2019]
(3)
Provide a safer environment within which to park and
move throughout the district.
(4)
Create a shared usage of parking spaces for businesses
to meet required off-street parking and the process and procedure
for the implementation of same.
A.
The borough has heretofore adopted Ordinance No. 1713-98
establishing a B-4/B-5 River Road Business Zone. Attached to Ordinance
No. 1713-98 and incorporated therein was a Schedule A defining the
extent of the B-4 and B-5 Zone and delineating the blocks and lots
relating thereto. From time to time, the borough has amended the scope
of the B-4/B-5 Zone by additions and/or deletions of specific lots,
and the within article specifically incorporates and adopts Schedule
A of Ordinance No. 1713-98 and any amendments adopted subsequent thereto
as the geographic area covered by this cooperative parking plan.
B.
All off-street parking spaces located in the geographic
area set forth above are hereby declared available for cooperative
parking and for inclusion in a cooperative parking agreement pursuant
to the terms and conditions of this article. An owner/lessee of premises
in the B-4/B-5 Zones set forth herein may subscribe by agreement for
use of cooperative parking but nothing contained herein shall require
an owner/lessee to so subscribe.
[Amended 4-23-2019 by Ord. No. 2500-2019]
C.
B-4 Zone. Generally, but without limitation, the area
is defined to include along River Road on the east side from and including
the Bon-Marc property (Lot 2, Block 5722) and on the west side from
and including the property at 17-16 River Road to the north side of
Berdan Avenue; the depth of this zone is from River Road and includes
the depth of each lot in the B-4 Zone abutting River Road as depicted
on the official Borough Tax Map; along the north and south sides of
Fair Lawn Avenue from the west side of George Street (on the east)
to the east side of Sixth Street (on the west) with the depth of zone
from Fair Lawn Avenue including the depth of each lot in the B-4 Zone
abutting Fair Lawn Avenue as depicted on the official Borough Tax
Map.
D.
B-5 Zone. Generally, but without limitation, the area
is defined to include the east and west sides of River Road from the
south side of Berdan Avenue to Harrison Avenue; the depth of this
zone is the depth from River Road of each lot in the B-5 Zone abutting
River Road as depicted on the official Borough Tax Map; the south
side of Fair Lawn Avenue from the west side of Sixth Street to the
Fair Lawn Avenue Bridge and the depth of zone is the depth from Fair
Lawn Avenue of each lot in the B-5 Zone abutting Fair Lawn Avenue
as depicted on the official Borough Tax Map.
E.
Additional lots. Further included herein are certain
tax lots on the east side of River Road from Berdan to Harrison and
on the west side of River Road from Berdan Avenue to Harrison Avenue
and properties along the south side of Fair Lawn Avenue as more particularly
delineated in the aforesaid Schedule A of Ordinance No. 1713-98 and
any additions or deletions made thereto.
For the purpose of this article, unless the
context clearly indicates a different meaning, the following terms
shall be defined as follows:
The application form and all accompanying documents required
by the borough for approval of a subdivision plat, site plan, plan
development, conditional use, a zoning variance or direction of the
issuance of a permit pursuant to the New Jersey Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq. and the Borough Code.
Borough of Fair Lawn.
Any parking space that meets the dimensional requirements
of the building, zoning and land use codes of the borough which are
not located on a public street.[1]
Parking space that can be used to serve two or more individual
land uses without conflict or encroachment.
That agreement between an owner/lessee of premises
with another owner/lessee of premises relating to premises in the
B-4/B-5 Zone setting forth terms and conditions for the utilization
of a particular lot or lots for cooperative parking and shall include
but not be limited to an identification of the premises, a declaration
of the parking easement or use, the term of the easement, expenses
relating to maintenance and repair, income generated with respect
thereto, management and operation thereof, lot design, maintenance
and repair, modifications, signs, insurance, compliance with appropriate
laws, inspections and all other reasonable and necessary terms and
conditions to fully delineate the rights and responsibilities of the
parties with respect to cooperative parking in relationship to the
particular lot.
That agreement between an owner/lessee of premises in the B-4/B-5 Zones with the borough incorporating the terms and conditions as set forth in Subsection A above.
[1]
Editor's Note: The former definition of "on-street parking
space," which immediately followed this definition, was repealed 4-23-2019
by Ord. No. 2500-2019.
[Amended 4-23-2019 by Ord. No. 2500-2019]
A.
Owner/lessee utilizing shared parking with another
owner/lessee.
(1)
An owner/lessee of premises in the B-4/B-5 Zones who has submitted an application for development to the Borough pursuant to the New Jersey Municipal Land Use Law and the applicable ordinances of the Borough with respect to land development and requirements relating thereto may satisfy the application's requirement for off-street parking pursuant to Fair Lawn Code Off-Street Parking Schedule § 125-48A(2) and any amendments thereto by entering into a cooperative parking agreement with an owner/lessee of other premises in the B-4/B-5 Zones pursuant to this subsection.
(2)
The owner/lessee of premises in the B-4/B-5 Zones
who has submitted an application for development shall execute and
submit the cooperative parking agreement as set forth in Schedule
A which is incorporated herein and made a part hereof.[1] The cooperative parking agreement shall be duly executed
by the owner/lessee of premises who is contributing off-street cooperative
parking to the applicant. The terms and conditions of the cooperative
parking agreement shall be negotiated and agreed to between the parties.
The parties may add additional information to Schedule A, which is
deemed relevant to the agreement between them or which may, in a particular
instance, be required by the appropriate municipal agency to process
the application for development.
[1]
Editor's Note: Schedule A is on file in the
borough offices.
(3)
If the cooperative parking agreement is duly executed
and accepted by the appropriate municipal agency and is in conformance
both as to form and substance and is in compliance with this article,
the applicant of the application for development shall be deemed to
have satisfied its off-street parking requirements pursuant to the
borough's off-street parking schedule.
[Amended 4-23-2019 by Ord. No. 2500-2019]
The owner/lessee of an application for development
may acquire the use of other cooperative parking spaces from any other
property owner/lessee, under the following conditions:
A.
The cooperative parking spaces to be utilized are
within 700 feet of the premises which are the subject matter of the
application for development.
B.
The lease price for the cooperative parking spaces
shall be determined between the parties.
C.
The spaces are approved by the borough as spaces available
for utilization as cooperative parking spaces.
D.
The spaces are clearly marked and designated as parking
for the particular user who has acquired use of them.
E.
An agreement is executed in a form acceptable to the
borough between the lessor and lessee of said space in a form which
shall be recorded in the Bergen County Clerk's office, Registry Division,
by lot and block, for a term not less than the leasehold term of the
party leasing the space or, in the alternative, if there is no term
set forth in the agreement, for a duration of not less than five years
or the term of the lease of the party leasing the space, whichever
is greater. Lessor or lessee shall attach to the form a copy of the
borough's Tax Map setting forth the lot and block of the space or
spaces leased.
[Amended 4-23-2019 by Ord. No. 2500-2019]
The Borough, the Planning Board and the Zoning
Board of Adjustment of the Borough shall maintain an inventory of
all parking spaces that are the subject of a cooperative parking agreement
so that it may be determined with respect to any application for development
which off-street parking space is available for utilization pursuant
to a cooperative parking agreement.
Any participating cooperative parking premises
may advertise that they are a participant in a cooperative parking
agreement and advise customers or other individuals of availability
of such parking. Those entities that have not entered into a cooperative
parking agreement may not expressly or impliedly state that they are
participants of a cooperative parking agreement.
Where an applicant for development has entered
into a cooperative parking agreement with a contiguous property owner,
the Planning Board or Zoning Board shall, when feasible, require as
a condition of site plan approval the removal of any barriers in the
parking areas of the premises in order to allow a free and flowing
traffic pattern. Any required grading, resurfacing, striping or any
other work shall either be at the expense of the applicant or as is
agreed to by the contiguous property owners.
Upon the submission of an application for development
which includes an executed cooperative parking agreement as set forth
hereinabove, the borough shall issue a temporary certificate of occupancy
to the owner/lessee of the premises to which the application for development
applies and upon payment of fees relating to the application. In the
event that the application for development is withdrawn, disapproved
or the applicant cannot comply with applicable statutes, ordinances,
rules and regulations or conditions of approval, the temporary certificate
of occupancy shall be revoked by the Borough.
Any owner/lessee who has obtained a certificate
of occupancy for premises in the B-4/B-5 Zones and who does not thereafter
maintain, renew or continue a cooperative parking agreement relating
to required parking spaces for the owner/lessee premises shall have
the certificate of occupancy for the premises revoked.
