[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:
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.
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.
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:
(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.
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.
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.
