[1983 Code § 83-1; Established by Ord. No. 07-02]
A. 
This article allows the formation of a special improvement district which, for the purposes of this article will hereinafter be referred to as a "business improvement district" pursuant to N.J.S.A. 40:56-65 et seq. (the "Act"), comprised of all of the commercial property (as defined herein) within the Borough of Pompton Lakes, as more fully described by block, lot and street address on the annexed Schedule A, to be known as the "Pompton Lakes Community Partnership" (the "district"), and designates the Pompton Lakes Partnership Management Corporation (the "Management Corporation") to assist the Borough of Pompton Lakes Council in effectuating the purpose and intent of the Act and the goals and purposes of a special improvement district otherwise known as a "business improvement district." The Borough of Pompton Lakes Council hereby determines that the creation of a special improvement district will enhance the safety, welfare and economic growth of the area within the district, its businesses and residents of the Borough of Pompton Lakes as a whole.
B. 
In furtherance of the intent of this article, all terms used herein shall have the definitions and meaning as set forth in the Act, and all provisions herein shall be interpreted in a manner consistent with the Act, including future amendments thereto.
[1983 Code § 83-2]
The Borough of Pompton Lakes Council hereby finds that the properties and/or businesses comprising the district are an integral, vital, economic and social component within the Borough of Pompton Lakes, and that the anticipated services to be provided to the district will serve to enhance the safety, welfare and economic growth of the district and the inhabitants of the Borough as a whole. The creation of the Management Corporation will provide administrative and other services to benefit those businesses, property owners, tenants, inhabitants and consumers in the district and will also assist the Borough of Pompton Lakes in promoting economic growth and employment. It is, therefore, in the best interest of the Borough of Pompton Lakes and its inhabitants to create the district and the Management Corporation to administer the district. All costs related to the maintenance, administration and operation of the district and Management Corporation shall be funded by a special assessment imposed and collected by the Borough of Pompton Lakes with the regular property tax payment (or payment in lieu of taxes) or otherwise on properties located within district and designated by the Management Corporation. These payments shall be transferred to the Management Corporation to effectuate the purpose of this article and to exercise the powers given to it pursuant to this article.
[1983 Code § 83-3]
A. 
Based upon the findings of Borough of Pompton Lakes Council and the desires of the business owners, merchants and property owners comprising the district, the Pompton Lakes Community Partnership is hereby established as a special improvement district within the Borough of Pompton Lakes pursuant to the Act.
B. 
The district shall consist of all commercial property within the geographic boundaries of the district. As used in this article, the terms "commercial property" or "commercial properties" shall include all properties within the Borough designated as property tax code 4A and 4B by the Borough of Pompton Lakes Tax Assessor. In the case of a mixed-use commercial/residential property, the Borough of Pompton Lakes Tax Assessor shall determine the assessment based on the proportion of the property that is commercial. The properties currently comprising the district are set forth on Schedule A of this chapter.
C. 
Any properties within the district designated as commercial property subsequent to the effective date of this article shall be included in the district and shall be subject to the authority and provisions of this article.
D. 
All commercial properties within the district shall be designated as either Tier I or Tier II properties, later designated after public hearing on this article and as may be subsequently amended on Schedule A.
1. 
Tier I properties shall be those commercial properties within the district that are in the core business areas. Tier II properties shall be all other properties in the district.
2. 
Tier I properties and Tier II properties may be assessed at different rates.
Schedule A
Properties Included in Pompton Lakes Community Partnership Business Improvement District
Block
Lot
Property Location
Class
100
8
1 to 55 Wanaque Avenue
4A
100
9
1 Cannonball Road
4A
100
10
5 to 11 Cannonball Road
4A
100
10
15 Cannonball Road
4A
100
10
19 Cannonball Road
4A
100
11
41 Cannonball Road
4A
100
13
49 Cannonball Road
4A
100
14
53-55-57 Cannonball Road
4A
103
3
25 Carr Street
4A
600
9
148 Cannonball Road
4A
600
16
18 DuPont Place
4A
700
1
138 Cannonball Road
4A
700
6
25 Crandall Avenue
4A
700
13
126-128 Cannonball Road
4A
700
18
130 Cannonball Road
4A
800
1
88 Cannonball Road
4A
800
6
98 Cannonball Road
4A
800
7
Circle Avenue
4A
800
11
112 Cannonball Road
4A
800
14
Circle Avenue
4A
800
17
14 Crandall Avenue
4A
800
18
Crandall Avenue
4A
800
19
216 Cannonball Road
4A
800
22
Cannonball Road
4A
1000
3
2 Federal Hill Road
4A
1000
3
Gas Line
4A
1000
4
Gas Line
4A
1000
20
West of Erie R.R.
4A
1600
3
314 Ringwood Avenue
4A
1600
6
322 Ringwood Avenue
4A
1800
13
430 Montclair Avenue
4A
2000
6
400 Ringwood Avenue
4A
2000
7
410 Ringwood Avenue
4A
2000
10
430-434 Ringwood Avenue
4A
2000
12
6 Broad Street
4A
2000
12
4 Broad Street
4A
2100
1
14 Wanaque Avenue
4A
2100
15
11 Locust Street
4A
2100
20
435 Ringwood Avenue
4A
2100
25
Ringwood Avenue
4A
2100
37
6 Wanaque Avenue
4A
2200
1
28 Wanaque Avenue and Laura
4A
2200
3
32 Wanaque Avenue
4A
2200
6
40 Wanaque Avenue
4A
2200
12
48 Wanaque Avenue
4A
2200
14
10 Grove Street
4A
2200
18
Ivy Street
4A
2200
20
7 Ivy Street
4A
2400
1
60 Wanaque Avenue
4A
2400
2
54 Wanaque Avenue
4A
2500
1
86 Wanaque Avenue
4A
2500
2
70 Wanaque Avenue
4A
2600
11
505 Ringwood Avenue
4A
2600
25
615 Ringwood Avenue
4A
2701
3
Montclair Avenue
4A
2800
11
3 Hamburg Turnpike
4A
2905
9
805 Ringwood Avenue
4A
2905
11
817 Ringwood Avenue
4A
2905
11
825 Ringwood Avenue
4A
3000
1
108 Wanaque Avenue
4A
3000
3
122 Wanaque Avenue
4A
3000
4
128 Wanaque Avenue
4A
3000
5
194 Wanaque Avenue
4A
3000
6
198-206 Wanaque Avenue
4A
3000
9
210 Wanaque Avenue
4A
3000
10
222 Wanaque Avenue
4A
3000
11
228 Wanaque Avenue Rear
4A
3000
13
228-230 Wanaque Avenue
4A
3000
14
234-236 Wanaque Avenue
4A
3000
16
242 Wanaque Avenue
4A
3000
18
244 Wanaque Avenue
4A
3000
19
246 Wanaque Avenue
4A
3000
21
250-258 Wanaque Avenue
4A
3000
21
260c Wanaque Avenue
4A
3000
22
264 Wanaque Avenue
4A
3000
23
266 Wanaque Avenue
4A
3000
24
270 Wanaque Avenue
4A
3000
25
280 Wanaque Avenue
4A
3000
26
284 Wanaque Avenue
4A
3000
27
288 Wanaque Avenue
4A
3000
28
292 Wanaque Avenue
4A
3000
29
296-298 Wanaque Avenue
4A
3000
30
300 Wanaque Avenue
4A
3000
31
306 Wanaque Avenue
4A
3000
32
312 Wanaque Avenue
4A
3000
33
322 Wanaque Avenue
4A
3000
35
Rear Wanaque Avenue
4A
3000
36
326 Wanaque Avenue
4A
3000
42
516 Wanaque Avenue
4A
3000
45
173 Hamburg Turnpike
4A
3100
1
3 Lakeside Avenue
4A
3100
2
1 Lakeside Avenue
4A
3100
4
Lakeside Avenue and Colfax Avenue
4A
3100
5
25 Colfax Avenue
4A
3100
10
33 Colfax Avenue
4A
3101
1
109 Wanaque Avenue
4A
3101
2
111 Wanaque Avenue
4A
3101
3
115 Wanaque Avenue
4A
3101
4
125 Wanaque Avenue
4A
3201
5
Legion Street
4A
3201
10
7 North Legion Street
4A
6200
1
30-32 Colfax Avenue
4A
6200
5
58 Colfax Avenue
4A
6300
1
201 Wanaque Avenue
4A
6300
3
22 Lakeside Avenue
4A
6300
3
24 Lakeside Avenue
4A
6300
4
26-30 Lakeside Avenue
4A
6300
7
11 Lenox Avenue
4A
6300
14
38 Ramapo Avenue
4A
6300
22
289 Wanaque Avenue
4A
6300
23
279 Wanaque Avenue
4A
6300
25
261B Wanaque Avenue
4A
6300
25
261A Wanaque Avenue
4A
6300
25
269 Wanaque Avenue
4A
6300
26
261 Wanaque Avenue
4A
6300
27
257 Wanaque Avenue
4A
6300
29
247 Wanaque Avenue
4A
6300
30
243 Wanaque Avenue
4A
6300
31
241 Wanaque Avenue
4A
6300
33
231-235 Wanaque Avenue
4A
6300
34
223 Wanaque Avenue
4A
6300
34
227 Wanaque Avenue
4A
6300
35
219 Wanaque Avenue
4A
6300
36
215 Wanaque Avenue
4A
6300
37
211-213 Wanaque Avenue
4A
6300
38
209 Wanaque Avenue
4A
6702
46
X
Tower Road
4A
6702
46
X
Tower Road
4A
6703
1
777 Hamburg Turnpike
4A
6703
3
745 Hamburg Turnpike
4A
6703
4
735 Hamburg Turnpike
4A
6703
4
719 Hamburg Turnpike
4A
6703
5
715 Hamburg Turnpike
4A
7000
1
305 Wanaque Avenue
4A
7000
4
317 Wanaque Avenue
4A
7100
1
413 Wanaque Avenue
4A
7100
15
401 Wanaque Avenue
4A
7100
17
C001
16 Pompton Avenue-A1
4A
7100
17
C002
16 Pompton Avenue-A2
4A
7400
8
X
21 Passaic Avenue
4A
7400
11
525 Wanaque Avenue
4A
7400
12
505 Wanaque Avenue
4A
8300
1
C0001
191-1 Hamburg Turnpike
4A
8300
1
C0003
191-3 Hamburg Turnpike
4A
8300
1
C0004
191-4 Hamburg Turnpike
4A
8300
1
C0005
191-5 Hamburg Turnpike
4A
8300
1
C0006
191-6 Hamburg Turnpike
4A
8300
1
C0007
191-7 Hamburg Turnpike
4A
8300
1
CA002
191-2A Hamburg Turnpike
4A
8300
1
CB002
191-2B Hamburg Turnpike
4A
8300
2
20 Passaic Avenue
4A
8300
7
321 Hamburg Turnpike
4A
8300
12
227 Hamburg Turnpike
4A
8801
1
518 Hamburg Turnpike
4A
9000
15
Mill Street
4A
9000
18
744 Hamburg Turnpike
4A
9000
19
750 Hamburg Turnpike
4A
9000
20
756 Hamburg Turnpike
4A
9000
22
758 Hamburg Turnpike
4A
9001
9
Pequannock Avenue
4A
9001
10
Hamburg Turnpike
4A
9001
11
714-720 Hamburg Turnpike
4A
9001
13
726 Hamburg Turnpike
4A
9001
15
736 Hamburg Turnpike
4A
9509
7
1878 Lincoln Avenue
4A
9900
1
350 Riverdale Road
4A
12400
2
1 Station Plaza
4A
12400
3
Exit W/S Parking Lot
4A
Industrial Property
100
3
Cannonball Road
4B
100
3.01
1000 Cannonball Road
4B
100
7
East Ringwood Avenue
4B
100
12
45 Cannonball Road
4B
1800
19
Montclair Avenue
4B
[1983 Code § 83-4; Ord. No. 2013-10]
A. 
The Borough of Pompton Lakes Council hereby designates the Pompton Lakes Community Partnership Management Corporation as the District Management Corporation for the District. The Management Corporation shall be a not-for-profit corporation.
B. 
The membership of the Corporation shall be as follows:
1. 
All owners of the real property subject to assessment under this article, each such property being entitled to one vote.
2. 
Any other individual, business entity or other organization interested in supporting the purposes of the Management Corporation and who has filed an application in such form as the Board of Directors shall have prescribed and paid any required annual dues, each such individual, business entity or organization being designated as an ex officio, nonvoting member of the Management Corporation.
C. 
Upon the appointment of a full Board of Directors pursuant to this article, the Management Corporation shall assume the management of the district. At its first meeting, the Board of Directors shall adopt bylaws.
D. 
The Board of Directors of the Management Corporation shall be composed of 13 directors to be appointed according to its bylaws. The number of Board of Directors may be increased or decreased at the discretion of the Management Corporation but shall be no less than 13 or more than 17. A majority of directors shall constitute a quorum. All directors shall serve on a volunteer basis and none shall receive any form of compensation for serving on the Board of Directors. The Board of Directors shall be composed as follows:
1. 
Voting Directors:
(a) 
One member of the Borough Council;
(b) 
Nine members selected by the members of record as of the election date of the Management Corporation; and
(c) 
Three members who either reside in the Borough or work or own property in the business improvement district as hereafter defined in Chapter 83, selected by the Mayor with the advice and consent of the Borough of Pompton Lakes Council.
2. 
Nonvoting directors:
(a) 
The Borough of Pompton Lakes Administrator;
(b) 
A designated certified planner; and
(c) 
The Chief of the Police Department of the Borough or his designee or equivalent representative of the Police Department.
E. 
Notwithstanding the foregoing subsection, all of the initial voting directors shall be selected and appointed solely by the Borough of Pompton Lakes Council.
F. 
All voting directors shall serve their initial term until December 31, 2007. Voting directors elected for the term commencing on January 1, 2008, shall be randomly chosen to serve a one-year term, a two-year term or a three-year term and any voting directors elected thereafter shall serve a three-year term, except for the Borough Council liaison director, who shall serve a one-year term or at the pleasure of the Mayor with advice and consent of the Borough Council.
G. 
The officers (President, one or more Vice Presidents, Treasurer and Secretary) of the Management Corporation will be members of the Board of Directors and elected by a majority vote of the Board.
H. 
The Management Corporation shall have all powers necessary and requisite to effectuate the purposes of this article and the district, including but not limited to the power to:
1. 
Adopt and amend 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;
2. 
Employ such persons as may be required and fix and pay their compensation from funds available to the Management Corporation;
3. 
Retain legal counsel;
4. 
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
5. 
Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the Management Corporation, including contracts with any person, firm, corporation, government agency or other entity;
6. 
Administer and manage its own funds and accounts and pay its own obligations;
7. 
Borrow money from private lenders and government entities not to exceed 180 days and from government entities for that or longer periods;
8. 
Fund the improvement of the exterior appearance of properties in the district through grants or loans;
9. 
Fund the rehabilitation of properties in the district;
10. 
Accept, purchase, rehabilitate, sell, lease or manage property in the district;
11. 
Enforce the conditions of any loan, grant, sale or lease made by the Management Corporation;
12. 
Provide security, sanitation and other services to the district, supplemental to those provided normally by the Borough of Pompton Lakes;
13. 
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 and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66, pursuant to pertinent regulations of the Borough of Pompton Lakes;
14. 
Publicize and promote the district and the businesses included within the district boundaries;
15. 
Recruit new businesses to fill vacancies in, and to balance the business mix of, the district;
16. 
Organize special events in the district;
17. 
Provide special parking arrangements for the district;
18. 
Provide temporary decorative lighting in the district; and
19. 
Take any other actions that are necessary and proper to achieve the purposes of this article and that are otherwise permitted by law.
[1983 Code § 83-5]
A. 
All costs of improvements and maintenance, other than the costs of improvements and maintenance normally incurred by the Borough of Pompton Lakes out of general funds, shall be determined and approved pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85, as determined by the Management Corporation. The initial formula for the assessment is as follows: Each property's current assessment, as determined by the Borough of Pompton Lakes Tax Assessor for real estate tax purposes, will be multiplied by a rate or rates to be determined by the Board of Directors of the Management Corporation to determine the budget and amount of the special district assessment. The foregoing shall be collected semiannually as a special assessment against properties that are within the district and set forth in more detail on Schedule A.
B. 
Special assessments shall be payable on the first day of April and October for the respective halves of the year and shall be received by the Borough Tax Collector or Treasurer within 10 calendar days following the date upon which such assessment is payable. Any assessments not received within 10 calendar days following the date upon which such assessment is payable shall be subject to interest from the date the assessment was payable until the date of actual payment, at the following rates:
1. 
For the first $1,500: 8% per annum or as set by statute.
2. 
For amounts in excess of $1,500: 18% per annum or as set by statute.
C. 
The Borough Tax Collector or Treasurer may affix a penalty not to exceed 6%, or an amount set by statute, of the delinquent assessment as billed, prior to the end of the fiscal year, for the most recent fiscal year only.
D. 
Unpaid special assessments shall become a lien against commercial properties and shall be collectible in the same manner as any other municipal property taxes and assessments as provided by the laws of the State of New Jersey.
[1983 Code § 83-6]
A. 
The Management Corporation shall submit an annual report to the Borough Council pursuant to N.J.S.A. 46:56-80 within 30 days after the close of the fiscal year. This report shall consist of a narrative covering the previous year's operation and detailed financial statements.
B. 
The Management Corporation shall submit a detailed business plan and budget for the upcoming year, no later than December 1 of each fiscal year, for approval by resolution of the Borough Council, pursuant to the provisions of N.J.S.A. 40:56-84. The budget shall be submitted with a report which explains how the budget contributes to the goals and objectives for the district.
C. 
The fiscal year of the district and of the Management Corporation will be January 1 to December 31.
D. 
The Management Corporation shall cause an annual audit of its books, accounts and financial sections to be made and filed with the Borough Council. The Management Corporation shall employ a certified public accountant of the State of New Jersey. This audit shall be completed and filed with the Borough Council within four months after the close of the fiscal year of the Management Corporation. A certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services in the State of New Jersey Department of Community Affairs within five days of the filing of the audit with the Borough of Pompton Lakes Council.
E. 
All books, records, accounts and reports of the Management Corporation shall be available at all reasonable times for public inspection.
[1983 Code § 83-7]
Notwithstanding the creation of the district, the Borough of Pompton Lakes expressly retains all its police powers and other rights and powers related to the area designated as within the district.
[1983 Code § 83-8]
This article obligates the district to satisfy all debts, loans and financial liabilities incurred by the Management Corporation. The Management Corporation may not borrow an amount that exceeds the approved budget for the fiscal year. The Charter of the district shall include a clause incorporating the aforementioned.