Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 650.
[Adopted 11-25-1997 by Ord. No. MC 3084 (Ch. 170, Art. I, of the 1981 Revised Code)]
The Springfield Avenue Center Special Improvement District ("District") is hereby established.
The district shall consist of commercial properties located on Springfield Avenue between Stuyvesant Avenue and Grove Street, Nye Avenue between Stuyvesant Avenue and Union Avenue, Ball Street between Nye Avenue and Clinton Avenue, Washington Avenue between Clinton Avenue and Springfield Avenue, Clinton Avenue between Smith Street and Ball Street, New Street between Nye Avenue and Clinton Avenue, and Union Avenue between Nye Avenue and Springfield Avenue. A list of said commercial properties, identified by lot and block number, is attached herein as Schedule A.[1]
[1]
Editor's Note: Schedule A is available at the Township offices.
A. 
All costs of development, construction and acquisition relating to the provision of improvements shall be financed by and assessed to properties especially benefitted thereby.
B. 
All costs of improvements and maintenance, other than the costs of improvements and maintenance ordinarily incurred by the Township 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 District Management Corporation.
C. 
The above costs shall be collected as a special assessment rate against commercial properties who benefit in the district.
The Mayor, with assistance and concurrence of the District Management Corporation, shall submit all reports and plans required by N.J.S.A. 40:56-80 and N.J.S.A. 40:56-89, together with a detailed annual budget as required by N.J.S.A. 40:56-84, to the governing body for approval.
A. 
Creation. There is hereby created the Springfield Avenue Center District Management Corporation (the "Corporation").
B. 
Membership. The Corporation shall be comprised of all commercial property owners, business owners or representatives and others according to the bylaws of the District Management Corporation. The Board of Directors of the Corporation shall be composed of the following members: one voting Council representative to be appointed by the Council, one voting municipal agency head, or designee, appointed by the Mayor, one voting Urban Enterprise Zone (UEZ) representative, one Chamber of Commerce representative, one voting Irvington Clergy Association President, one voting New Jersey Transit representative, and one voting resident living within the boundaries of the Springfield Avenue Center Special Improvement District (SID) and a minimum of 15 Springfield Avenue Center Special Improvement District business and/or property owners to be elected according to the bylaws of the District Management Corporation. The quorum at any meeting of the Board of Directors of the Corporation shall be three of the 15 business and/or property owners of the Board. Three business/property owner members must be in attendance for meetings requiring a vote on any agenda item.
C. 
Obligations. In addition to the obligations set forth in the Act,[1] the Corporation shall file an annual audit of its books, accounts and financial transactions, which shall be filed with the governing body and the Division of Local Government Services, pursuant to N.J.S.A. 40:56-88.
[1]
Editor's Note: See N.J.S.A. 40:56-65 et seq.
D. 
Powers. In addition to the powers otherwise conferred upon it by the Act, the Corporation shall have the power to:
(1) 
Adopt bylaws for the regulations of its affairs and the conduct of its business and to prescribe rules, regulations, and policies for 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 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 own obligations.
(6) 
Borrow money from private lenders or governmental entities for periods not to exceed 180 days.
(7) 
Fund the improvement of the exterior appearance of commercial properties within the district.
(8) 
Fund the rehabilitation of commercial 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 Corporation; provided, however, that if the businesses in the district petition to dissolve the district, the Township shall have the right to amend the current year budget and schedule fees and/or taxes in order to liquidate outstanding claims against the Springfield Avenue Center Special Improvement District Corporation.
(11) 
Provide security, sanitation, and other services to the district supplemental to those normally provided by the Township.
(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, and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66, pursuant to pertinent regulations of the governing body.
(13) 
Publicize the district and all of the businesses included within the district boundaries.
(14) 
Recruit new businesses to fill vacancies and to balance the business mix of the district.
(15) 
Organize and coordinate special events in the district pursuant to pertinent regulations of the Township.
(16) 
Provide temporary decorative lighting within the district boundary.
(17) 
Provide special parking arrangements for the district.
This article obligates the Springfield Avenue Center Special Improvement District to satisfy all debts, loans and financial liabilities incurred by the Corporation. The Springfield Avenue Center District Management Corporation may not borrow an amount that exceeds the approved budget for that fiscal year. The charter of the Springfield Avenue Center Special Improvement District shall include a clause including the aforementioned.
[Adopted 11-9-2000 by Ord. No. 3159 (Ch. 170, Art. II, of the 1981 Revised Code)]
A. 
The Irvington Municipal Council finds as follows:
(1) 
That an area within the Township of Irvington, as shall be described hereafter by lot and block numbers as well as by street addresses, would benefit from being designated as a special improvement district;
(2) 
That a District Management Corporation would assist this Township in promoting economic growth and employment within the business district by providing administrative and other services to benefit the businesses, employees, residents and consumers in the special improvement district;
(3) 
That a special assessment shall be imposed and collected by the Township of Irvington with the regular property tax payment in lieu of taxes and that such special assessment shall be transferred to the District Management Corporation to exercise the powers given it by this article and to effectuate the purposes of N.J.S.A. 40:56 et seq.;
(4) 
That it is in the best interest of the Township of Irvington and the public to create such special improvement district and to designate such District Management Corporation, except that no District Management Corporation shall be designated to receive any funds or to exercise any powers, unless the Board of Directors of that Corporation shall include at least one member of the Municipal Council of the Township of Irvington.
B. 
The public policy of the State of New Jersey permits the governing body to protect the public welfare and health and the interest of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the business districts of the Township of Irvington by adoption of a special improvement ordinance.
As used in this article, the following terms shall have the meaning indicated:
DISTRICT MANAGEMENT CORPORATION
An entity created by municipal ordinance or incorporated pursuant to N.J.S.A. 15A:1-1 et seq. and designated by municipal ordinance to receive funds collected by a special assessment within a special improvement district as authorized by this article.
SPECIAL IMPROVEMENT DISTRICT
An area within the Township of Irvington designated by this article as an area in which a special assessment on all property within the district shall be imposed for the purpose of promoting the economic and general welfare of the district and the municipality. This District shall be called "Camptown Business Improvement District of Irvington, New Jersey."
There is hereby designated as Special Improvement District (hereafter called SID), which is more particularly described as follows:[1]
[1]
Editor's Note: The specific description of the Camptown Business Improvement District, by owner name, block, lot and location, is available at the Township offices.
Any property listed hereinabove, and which is incorporated with the SID, is exempt from the payment of any special assessment if it is exclusively used for residential purposes.
A. 
The Special Improvement District, as hereinabove described, shall be an area in which all of the property included therein, except as hereinafter stated, shall have imposed a special assessment for the purposes of promoting the economic and general welfare of the district and the Township of Irvington. Any property located within the SID which is tax exempt shall not be subject to the special assessment. In the event any tax-exempt entity makes a payment in lieu of taxes to the Township of Irvington, then, in that event, said entity shall be subject to the imposition of the special assessment.
B. 
The improvements and supplemental services in the SID will involve annual costs peculiar only to the SID and will be distinguished from improvements and services normally provided by the Township. While the improvements and supplemental services shall be maintained and operated pursuant to the provisions of this article and to N.J.S.A. 40:56-65 et seq. and the costs thereof assessed or taxed to the benefited properties pursuant to this article, such improvements and supplemental services shall not be substituted by the Township for improvements and services now supplied to the proposed SID nor be grounds for curtailment of future improvements and services planned.
Camptown Business Development Park of Irvington, New Jersey, is hereby designated the District Management Corporation which shall assist the Township of Irvington in promoting economic growth and improvement within the SID. Said District Management Corporation is incorporated pursuant to the provisions of Title 15A of the New Jersey Statutes and is hereby designated as eligible to receive the funds collected as special assessment within the SID. In addition, the District Management Corporation shall:
A. 
Have a Board of Trustees consisting of 11 members chosen as follows:
(1) 
One member appointed by the Mayor;
(2) 
One member of the Urban Enterprise Zone, appointed by the Township Council;
(3) 
One member of the Board of Education appointed by the Board of Education;
(4) 
The UEZ Coordinator;
(5) 
Such additional persons, including owners of real estate located within the Special Improvement District and officials of corporations or entities operating retail or service establishments therein, as may be selected under the bylaws of the District Management Corporation.
B. 
Exercise the following powers:
(1) 
Adopt 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 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 its own obligations.
(6) 
Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods.
(7) 
Accept, purchase, rehabilitate, sell, lease or manage property in the SID.
(8) 
Provide security, sanitation and other services to the SID supplemental to those provided normally by the Township.
(9) 
Undertake improvements designed to increase the safety or attractiveness of the SID to businesses which may wish to locate there or to visitors to the SID, including, but not limited to, litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, and those improvements generally permitted for pedestrian malls under Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent regulations of the governing body.
(10) 
Publicize the district and the business included within the district boundaries.
(11) 
Organize special events in the district.
(12) 
Provide special parking arrangements in conjunction with the Irvington Department of Public Safety for the district.
[Amended 10-14-2015 by Ord. No. MC 3553]
(13) 
Provide temporary decorative lighting in the district.
A. 
The District Management Corporation shall submit a detailed annual budget for approval by resolution of the Municipal Council of the Township of Irvington. The budget shall be submitted with a report which explains how the budget contributes to goals and objectives for the Special Improvement District.
B. 
The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Municipal Council of the Township of Irvington.
C. 
The procedure shall be as follows:
(1) 
Introduction and approval;
(2) 
Public advertising;
(3) 
Public hearing;
(4) 
Amendments and public hearing, if required;
(5) 
Adoption.
D. 
The budget shall be introduced in writing at a meeting of the Municipal Council of the Township of Irvington. Approval thereof shall constitute a first reading, which may be by title. Upon approval of the budget by the governing body, it shall fix the time and place for the holding of a public hearing upon the budget.
E. 
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 a newspaper circulating in the Township of Irvington.
F. 
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 approval of the budget.
G. 
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:
(1) 
At least one week prior to the date of the hearing, a complete copy of the approved budget, as advertised:
(a) 
Shall be posted in a public place where public notices are customarily posted in the Municipal Building of the Township of Irvington; and
(b) 
Is made available to each person requesting the same, during that week and during the public hearing; and
(2) 
The Municipal Council shall, by resolution passed by not less than a majority of the full membership, determine that the budget shall be read by its title and declare that the conditions set forth in Subsection G(1) have been met. After closing the hearing, the Municipal Council may adopt the budget, by title without amendments, or may approve amendments as provided in Subsection H of this section before adoption.
H. 
Amendment.
(1) 
The Municipal Council may amend the budget during or after the public hearing. No amendment by the Municipal Council shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing thereon, if the amendment shall:
(a) 
Add a new item in an amount in excess of 1% of the total amount as stated in the approved budget;
(b) 
Increase or decrease any item by more than 10%; or
(c) 
Increase the amount to be raised pursuant to Section 16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80) by more than 5%, unless the same is made pursuant to an emergency temporary appropriation only.
(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.
I. 
Final adoption shall be by resolution, adopted by a majority of the full membership of the Municipal Council, and may be by title.
A. 
Concurrently with the introduction of this article and the submission of a plan for the SID, the District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Municipal Council of the Township of Irvington, and for that purpose the Corporation shall employ a certified public accountant of New Jersey.
B. 
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The District Management Corporation shall within 30 days of the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Municipal Council of the Township of Irvington.
The annual costs of operating, maintaining and improving the Special Improvement District shall be reported to the governing body, assessed, collected and appropriated as provided in N.J.S.A. 40:56-80.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
At least 10 days prior to the date fixed for a public hearing on this article, a copy hereof and notice of the date, time and place of said hearing shall be mailed by first class mail to the owners and tenants of the lots or parcels of land included in the Special Improvement District, as listed on the tax record of the Township.