The fees to be charged for certain services extended and material
supplied by the various departments of the City government shall be
as approved by Council.
[1979 Code §§ 2-27.1, 23-3.7, 23-3.9, 23-3.11; Ord. No. 37-37 § 1; Ord. No. 40-40 § 1; Ord.
No. 41-22 § 1; Ord. No.
48-25; Ord. No. 50-66 § 1; Ord. No. 52-30 § 1; Ord. No. 56-24 § 1; amended 12-21-2010 by Ord. No. 54-80]
Pursuant to N.J.S.A. 47:1A-1 et seq., the appropriate department shall make and supply copies of public records upon the payment of the fees as specified in Subsection
2-46.5, which shall be based on the total number of pages or parts thereof to be copied, without regard to the number of records being copied.
a.
|
Fee for copies:
|
|
|
First page through 10th page, per page
|
$0.75
|
|
11th page through 20th page, per page
|
$0.50
|
|
Each page over 20
|
$0.25
|
b.
|
Copy of Code book entitled "Revised General Ordinances of the
City of Linden, in the County of Union, State of New Jersey, 1999"
|
$375
|
c.
|
Annual supplement
|
$25
|
d.
|
Codified zoning booklet
|
$35
|
e.
|
Flood zone letter
|
$5
|
f.
|
Zoning Map, City
|
$10
|
g.
|
Land Development Ordinance booklet
|
$20
|
h.
|
Municipal lien search:
|
|
|
Ordinances
|
$10
|
|
Taxes
|
10
|
i.
|
Tax Map
|
$10
|
j.
|
City Map
|
$10
|
k.
|
Certified marriage certificate, per copy
|
$15
|
k1.
|
Certified civil union certificate, per copy
|
$15
|
l.
|
Certified birth certificate, per copy
|
$15
|
m.
|
Certified death certificate, per copy
|
$15
|
n.
|
Bingo
|
$20 each occasion
|
o.
|
On-premises draw raffle for cash (50/50) (exceeding $400 total
prize value)
|
$20 for each day on which drawing is conducted under license
|
p.
|
On-premises draw raffle for cash (50/50) or merchandise (not
exceeding $400 total prize value)
|
No licensing fee
|
If exceeds $400
|
$20 at time of filing of report of operations
|
q.
|
Off-premises draw raffle awarding merchandise as prize (for
each $1,000 or part thereof)
|
$20
|
r.
|
Carnival games or wheel
|
$20 for each game or wheel held in any 1 day, or any series
of consecutive days not exceeding 6 at one location
|
s.
|
Off premises cash (50/50) raffle
|
$20 fee at application
|
If more than $1,000 in awarded prizes
|
$20 per $1,000 in awarded prizes or part thereof
|
t.
|
Special door prize raffle
|
No fee or license provided merchandise is wholly donated and
had a retail value of less than $50
NOTE: Cannot be conducted when other games of chance are being
conducted, held or operated.
|
u.
|
Calendar raffle
|
$20 for each $1,000 or part thereof of the retail value of the
prize
|
v.
|
Instant raffle
|
$20 for each day on which instant raffle tickets are sold or
offered for sale or $750 for a 1-year license
|
w.
|
Golf hole in one
|
$20 for each $1,000 or part thereof of retail value of ancillary
prizes
|
x.
|
Armchair race
|
$50 per licensed day of operation
|
y.
|
Casino nights
|
$100 per occasion
|
z.
|
Correction to a vital record
|
$10
|
[Ord. No. 37-9 § 1]
Pursuant to Chapter 99 of the Laws of 1997, the Tax Collector
of the City of Linden is hereby authorized and directed to collect
a fee for the issuance of duplicate tax sale certificates, when the
issuance of same is authorized by a resolution of the Mayor and Council,
and to collect a fee of one hundred ($100.00) dollars for each duplicate
certificate issued.
[Ord. No. 49-89 § 1; Ord. No. 54-11]
Pursuant to N.J.S.A. 40:5-18, a service charge can be added
to any account owing to the City if payment tendered on the account
was by a check or other written instrument which was returned for
insufficient funds. The Tax Collector is empowered to bill for a returned
check as well as the twenty ($20.00) dollar NSF returned check fee.
Interest will be charged on the delinquent amount as well. The City
Council authorizes the appropriate municipal officer to demand that
future payments be tendered in cash or by certified or cashier's check
on any account where a check tendered for payment on such account
is returned for insufficient funds. In addition, the service charge
aforesaid may be collected in any manner authorized by P.L. 1990,
c. 105. EN.
[Ord. No. 54-50]
a. In accordance with N.J.S.A. 54:5-54 the Tax Collector shall provide
to any party entitled to redeem a certificate pursuant to this section
(N.J.S.A. 54:5-54) two (2) calculations of the amount required for
redemption within a calendar year at no cost. For each subsequent
calculation requested from the Tax Collector there shall be a fifty
($50.00) dollar fee. A request for a redemption calculation shall
be made in writing to the Tax Collector.
b. In accordance with N.J.S.A. 54:5-97.1 the Tax Collector may charge
a lienholder of a tax lien fifty ($50.00) dollars for the calculation
of the amount due to redeem the tax lien as required pursuant to N.J.S.A.
54:5-97.1. Any request for a redemption calculation shall specify
the dates to be used for the calculation, which shall be the date
of the notice. Neither the Tax Collector nor the municipality shall
be liable for an incorrect calculation. The fee paid to the municipality
shall not become part of the lien and shall not be passed on to any
party entitled to redeem pursuant to N.J.S.A. 54:5-54.
[1979 Code §§ 2-27.2, 23-3.3; New; Ord. No. 46-29 § 1]
a. Fees. The Fire Prevention Bureau of the Fire Department, when requested
to furnish copies of records, reports or sections of the Uniform Fire
Code of the State of New Jersey, which by law, are deemed to be public
records and are authorized to be furnished, shall supply copies of
such records, reports or Code sections upon payment of the fees established
by the Open Public Records Act (OPRA), N.J.S.A. 47:a-1 et seq. Reports
that are requested to be "certified true copy" will require an additional
five ($5.00) dollar fee that covers all pages of the report.
1.
|
Typed verification of the fact that a fire or incident occurred
at which the Fire Department rendered service or services of Departmental
personnel at an emergency on a given date, address or area location
|
$2.00
|
|
For each additional page
|
$1.00
|
2.
|
Copies of the Uniform Fire Code of the State of New Jersey are
available from the State of New Jersey, Division of Fire Safety, Publications
Unit, Trenton, New Jersey for the applicable fee. Amendments made
to the Uniform Fire Code of the State of New Jersey be the City of
Linden are Available at the fees established by the Open Public Records
Act (OPRA), N.J.S.A. 47:1A et seq.
|
|
3.
|
Searches of microfilmed reports/ files/records, searches of
files for environmental verifications, inspection records, or other
records, per hour. (Minimum fee is $25.00)
|
$25.00
|
4.
|
No fee shall be charged for any requested copies of records,
reports or the Uniform Fire Code of the State of New Jersey as amended
by the City of Linden or other related information to any local, County,
State or Federal authority or agency.
|
|
b. Release of Information. The Chief of the Fire Department is authorized
to prescribe the rules and regulations governing the release of certain
information contained in the official files of the Fire Prevention
Bureau or the Fire Department.
c. Place of Viewing or Copying. The viewing and copying of records,
reports or sections of the Fire Prevention Code, which by law are
authorized to be viewed and copied, shall be permitted and conducted
at the Fire Prevention Bureau of the Fire Department between the hours
of 9:00 a.m. and 4:00 p.m. prevailing time during business days.
d. Written Request. All requests for information in the official files
authorized for release herein and for the services provided for herein,
shall be made by a written letter or request to the Fire Prevention
Bureau, Linden Fire Department, Linden, New Jersey 07036.
e. Payment and Disposition of Fees. All fees shall be paid to the Fire
Prevention Bureau at the time the services for which charges are authorized
are rendered. The Fire Prevention Bureau shall issue a receipt and
enter the transaction into the Bureau's monthly report of cash receipts.
All fees received shall be deposited into the bank within the
hours required by law. At the end of the month, such fees, along with
other fees collected, shall be remitted in full to the City Treasurer.
The City Treasurer shall cause the funds to be deposited to
the credit of the City in the same manner as other miscellaneous revenues
are credited and deposited.
f. Statutory Right to Copy Records and Reports. Nothing herein contained
shall be construed or used in any way to interfere with the right
of every citizen of this State to copy the records or reports herein
referred to, by hand or otherwise, during regular business hours and
under the supervision of a representative of the custodian of such
records, as is permitted by the laws of this State.
[1979 Code §§ 2-27.3, 23-3.8; New; Ord. No. 42-25 § 1; Ord. No. 46-22 § 1; Ord.
No. 47-43 § 1; Ord. No.
48-100 § 1; Ord. No. 49-15 § 1; Ord. No. 57-24]
a. The Police Department of the City of Linden, when requested to furnish
copies of records, which by law are deemed to be public records and
are authorized to be furnished, shall supply copies of such records
or reports upon payment of the fees established by the Open Public
Records Act (OPRA), N.J.S.A. 47:1A-1 et seq. Reports that are requested
to be "certified true copy" will require an additional five ($5.00)
dollar fee that covers all pages of the report.
1. Fees, other than requests made by a demand for discovery for photostatic
copies of Police reports of motor vehicle accidents that are public
record shall be as follows:
If copies of reports are requested "in person" the fees are
as follows:
First page to tenth page
|
$0.75 per page
|
Eleventh page to twentieth page
|
$0.50 per page
|
All pages over 20
|
$0.25 per page
|
Above fees established by N.J.S.A. 47:1A-1 et seq.
|
If copies of motor vehicle accident reports or other reports
that are public records are requested "other than in person" an additional
fee may be added as follows:
|
First page to third page
|
$5.00
|
Each page thereafter
|
$1.00 per page
|
Certified copies will require an additional $5.00 fee for the
entire report.
|
Above fees established by N.J.S.A. 47:1A-1 and N.J.S.A. 39:4-131.
|
2. Fees for Discovery provided by the Municipal Prosecutor in response
to a demand for discovery shall be in accordance with New Jersey Court
Rule 7:7-7 entitled "Discovery and Inspection."
3. Letters of good conduct and letters for clearance of visas: $5.00
4. Taking of fingerprints as required be statute, ordinance, regulation,
Executive order, or other lawful authority for the purpose of back-
ground investigations of individuals seeking employment, obtaining
of permits or licenses, or any other reason not related to a criminal
investigation: $10.00 per card
6. Taking of photographs of applicants for private employment, of applicants
for gun permits, of persons for alien registration and of persons
who, under any ordinance of the City are required to be photographed;
and the reproduction of any photograph taken by the Police Department
that are public Record: 10.00 per photo
7. Fees for history of events re-ports covering requests for computer
generated listings or surveys at specific locations shall be those
established pursuant to the Open Public Records Act (OPRA), N.J.S.A.
47:1A-1 et seq.
b. All fees shall be charged any local, County, State, or Federal authority
or agency.
c. The viewing and copying of reports which by law are authorized to
be viewed and copied shall be permitted and conducted at the Bureau
of Records of the Police Department, Police Headquarters, between
the hours of 9:00 a.m. and 4:00 p.m. E.S.T. or D.S.T., whichever shall
be in force in the City of Linden during business days.
d. All fees shall be paid to the Police Department at the time the services
for which charges are authorized are rendered. The Police Department
shall issue a receipt which shall be numbered in consecutive order
for all fees received. The original of the receipt shall be delivered
to the person making payment of the prescribed fee; one (1) copy shall
be forwarded to the City Treasurer with the money received and a third
copy shall be retained by the Bureau of Records of the Police Department.
e. All fees for copies of such records shall be deposited in the bank
within forty-eight (48) hours as now required by law. At the end of
the month, such fees collected shall be remitted in full to the City
Treasurer.
f. The City Treasurer shall cause the funds to be deposited to the credit
of the City of Linden in the same manner as other miscellaneous revenues
are credited and deposited.
g. Nothing herein contained shall be construed or used in any way to
interfere with the right of every citizen of this State to copy the
records herein referred to, by hand or otherwise, during regular business
hours and under the supervision of a representative of the custodian
of the records, as is permitted by the law of this State.
h. The provisions of this subsection shall not be construed to obligate
the Police Department to permit the viewing or furnishing of copies
of such records, the inspection, copying or publication whereof shall
be inimical to the work of the Police Department.
[Ord. No. 55-28; amended 10-17-2023 by Ord. No.
67-59]
There shall be implemented a fee for the use of the Pistol Range
by other users. Said fee shall be six hundred fifty ($650.00) dollars
per week for current Range Use Agreement partners; and eight hundred
($800.00) dollars per week for new Range Use Agreement partners, Monday
through Friday. Each user shall supply the City of Linden with a certificate
of insurance providing for not less than three million ($3,000,000.00)
dollars combined general limits and a Hold Harmless Agreement satisfactory
to the City before use of the range.
[1979 Code §§ 2-27, 23-3.6, 23-3.7; Ord. No. 52-30 § 1]
Regulations pertaining to copies of Municipal Court records shall be as set forth in Section
2-46.5. Fees shall be as set forth below:
a. Municipal Court.
1.
|
Certificate of Judgment
|
$1.00
|
2.
|
Certificate copy of paper filed with the court as a public record
|
|
|
First page
|
$4.00
|
|
Each additional page or part thereof
|
$1.00
|
3.
|
Copy of paper filed with the court as public record:
|
|
|
First page
|
$2.00
|
|
Each additional page or part thereof
|
$1.00
|
4.
|
CD
|
$20.00
|
In addition to any fine imposed, when a supplemental notice
is sent for failure to appear on a return date the cost shall be ten
($10.00) dollars per notice, unless satisfactory evidence is presented
to the court that the notice was not received.
|
Governmental authorities or agencies: No charge
|
[Ord. No. 41-22 § 1]
a. The Construction Code Department of the City of Linden when requested
to furnish copies of records which by law are authorized to be furnished
shall supply copies of such records upon payment of the fees set forth
below:
All office files that can be gathered within one-half (1/2)
hour or less will be released for payment of the actual cost of copying.
All other files, plans, materials or information will be subject,
in addition to photocopying costs, twenty-five ($25.00) dollars per
hour or part thereof, with a minimum charge of one (1) hour to be
paid at the time of the request. Standard photocopying costs will
be as specified in subsection 2-69.1a. Requests for copies of plans
and oversized documents will be charged five ($5.00) dollars per sheet.
All requests for such documents shall be in writing and shall contain
the requester's name, address and telephone number.
[Ord. No. 51-04 § 1; Ord. No. 59-1; amended 4-18-2023 by Ord. No. 67-16]
Any activity or use of a facility shall be charged a fee of
not less than one ($1.00) dollar and not more than five hundred ($500.00)
dollars. The specific per event or rental fee shall be determined
by the Director of Parks and Recreation in accordance with this section,
said fee shall be inclusive of any State sales tax applicable in accordance
with State Law.
[Ord. No. 51-08 § 1;
amended 12-19-2023 by Ord. No. 67-74]
The Mayor, Acting Mayor or such other officials of the City
of Linden as may be authorized and designated to perform marriages
and civil union ceremonies in accordance with the laws of the State
of New Jersey shall be permitted and entitled to charge a fee of one
hundred and fifty ($150.00) dollars for the performance of such ceremonies.
Such fee shall be forwarded to the City Treasurer for deposit into
the current fund as Miscellaneous Revenue - Not Anticipated.
[Ord. No. 52-51 § 1;
N.J.S.A. 40:5-18]
Various payments are made to the City of Linden by check, draft,
or similar instruments and such payments are, with increasing frequency,
returned for insufficient funds. The City of Linden incurs additional
clerical time and expense in dealing with such issues.
Any payments made to the City of Linden by check, draft, or
similar instrument which is returned for insufficient funds or otherwise
not deemed payable shall be assessed a service charge of twenty ($20.00)
dollars. The payor shall be responsible for payment of said penalty
in addition to the principal amount of the instrument.
[1979 Code § 2-35; Ord. No. 30-26]
The form which is on file in the Office of the City Clerk and
made a part hereof by reference is adopted as the official claim form
by the City of Linden, which form shall be utilized by all claimants
with respect to any claims presented against the City of Linden pursuant
to N.J.S.A. 59:1-1 et seq.
[1979 Code § 2-32.1; Ord. No. 24-65 § 1]
Pursuant to N.J.S.A. 2A:18-61.26, the Office of the City Clerk
of the City of Linden be and hereby is appointed the administrative
agency to administer the requirements of the Senior Citizens and Disabled
Protected Tenancy Act.
[1979 Code § 2-32.2; Ord. No. 24-65 § 2]
Pursuant to N.J.A.C. 5:25-2.1, the Rent Control Board of the
City be and hereby is appointed the municipal body to hear appeals
from the decisions of the aforesaid administrative agency.
[1979 Code § 2-32.3; Ord. No. 24-65 § 3]
Pursuant to N.J.S.A. 2A:18-61.35, a fee of one hundred ($100.00)
dollars per dwelling unit shall be charged to an owner of rental housing
who proposes to convert the housing to condominium or cooperative
ownership, the fee to be paid to the City of Linden.
[1979 Code § 2-32.4; Ord. No. 24-65 § 4]
Pursuant to N.J.A.C. 5:24-2.1 et seq., a fee of two hundred
($200.00) dollars shall be charged to anyone appealing to the Rent
Control Board a decision rendered by the administrative agency, the
fee to be paid to the City of Linden.
[1979 Code § 2-25]
The Council shall cause to be made an annual audit of the City
accounts and financial transactions as required by law. The annual
audit shall be made by a registered municipal accountant of New Jersey
selected by the Council.
[1979 Code § 2-39.1; Ord. No. 33-29 § I; Ord. No. 33-49]
It is the intent and purpose of this section to provide for
the defense of actions against, and the indemnification of, members
of the Governing Body, department heads, and all other municipal employees,
officers and board members not covered by a Collective Bargaining
Agreement, to the fullest extent provided by law.
[1979 Code § 2-39.2; Ord. No. 33-29 § II]
The City shall provide for the defense of any action brought
against the above individuals on account of any act or omission in
the scope of their employment or the discharge of their duties, and
this obligation shall extend to any cross action, counterclaim or
cross complaint against such individual. The provisions of this section
shall also apply to actions against individuals who were employees
or officers at the time of the incident complained of.
[1979 Code § 2-39.3; Ord. No. 33-29 § III]
The City may provide any defense required of it under this section
through an attorney from its own staff or by employing other counsel.
The City shall in no event be responsible for costs or attorney's
fees incurred by anyone unless it shall have agreed in writing to
the terms of such representation.
[1979 Code § 2-39.4; Ord. No. 33-29 § IV]
Whenever the City provides any defense required of it under
this section, the City, through counsel, may assume exclusive control
over the representation of the public employee, and such employee
shall cooperate fully with the defense.
[1979 Code § 2-39.5; Ord. No. 33-29 § V]
In any case where the City is required to provide a defense
under this section, the City shall pay or shall reimburse the individual
for the following:
a. Any bona fide settlement agreements entered into by the City on behalf
of the individual.
b. Any judgments entered against the individual, including, but not
limited, to exemplary or punitive damages resulting from the individual's
civil violation of State or Federal law if the acts committed by the
individual upon which the damages are based did not constitute actual
fraud, actual malice, willful misconduct or an intentional wrong.
c. If the City has failed, after reasonable notice, to provide such
required defense, all costs of defending the action, including reasonable
counsel fees and expenses, together with costs of any appeal.
[1979 Code § 2-39.6; Ord. No. 33-29 § VI]
The provisions hereof shall not apply to disciplinary actions
instituted by the City against any such individuals.
[Ord. No. 3 7-20 § 1]
The provisions hereof shall apply to any complaint or action
brought pursuant to the Local Government Ethics Law, N.J.S.A. 40A:9-22.1
et seq., if the subject of the complaint or action prevails. For the
purposes of this section "prevails" shall mean that a formal violation
was not sustained; that the complaint or action was not pursued, was
dismissed, or was otherwise resolved in favor of the subject. In such
event, the individual who was the subject of the complaint or action
may present an itemized statement of legal services and reasonable
costs for payment by the Governing Body. In no event shall the hourly
rate for such legal services exceed the hourly rate utilized by the
Insurance Fund Commission in compensating its attorneys.
[1979 Code § 2-31.1; Ord. No. 22-24 § 1]
There is hereby established an insurance fund pursuant to N.J.S.A.
40A:10-6 for the following purposes:
a. To insure against any loss or damage to any property, motor vehicles,
equipment or apparatus owned by the City of Linden, or owned by or
under the control of any of its departments, boards, agencies or commissions.
b. To insure against liability resulting from the use or operation of
motor vehicles, equipment or apparatus owned by or controlled by the
City, or owned by or under the control of any of its departments,
boards, agencies or commissions.
c. To insure against liability for the negligence of the City and that
of its officers, employees and servants, whether or not compensated
or part-time, who are authorized to perform any act or services, but
not including an independent contractor within the limitations of
the "New Jersey Tort Claims Act."
[1979 Code § 2-31.2; Ord. No. 22-24 § 2]
The Governing Body shall designate the maximum or minimum amount
of the fund and shall provide for the disposition of any excess over
and above the maximum amount fixed, or of the interest or profits
arising therefrom when the fund shall have reached the maximum limit.
[1979 Code § 2-31.3; Ord. No. 22-24 § 3]
The Governing Body of the City shall have the power to make
appointments in accordance with N.J.S.A. 40A:10-8. The Governing Body
shall appoint three (3) members as insurance fund commissioners in
accordance with the statute.
[1979 Code § 2-31.4; Ord. No. 22-24 § 4; New]
a. The Commissioners shall have the power and authority to employ any
necessary clerical assistants, whose compensation shall be fixed and
paid by the Governing Body in the same manner as is that of other
employees of the City of Linden.
b. They shall have the power to invest the funds and all additions and
accretions thereto in such securities as they shall deem best suited
for the purposes of this law.
c. They shall adopt rules and regulations for the control and investment
of the funds.
d. They shall maintain sufficient money at all times or have the same
invested in such securities as can be immediately sold for the payment
of losses or liability resulting from the operation of the City, its
agencies, servants or employees.
e. They shall effect all insurance in the insurance fund or with any
insurance company authorized to do business in this State.
f. All insurance upon property owned or controlled by the City of Linden
or any of its departments, boards, agencies or commissions, shall
be placed and effected by the Commissioners.
g. The Commissioners shall have the power to engage legal counsel or
other professional support services to defend the interests of the
City with respect to any claim or suit before it.
[Ord. No. 39-28]
Under the provisions of the New Jersey Automobile Reparation
Reform Act, commonly known as the "No-Fault Act," N.J.S.A. 39:6A-1
et seq., the City of Linden's self-insurance program's personal injury
protection benefits shall be supplemented as follows:
a. Limited to the "medical benefits only" option as authorized and described under N.J.S.A. 39:6A subsections
b (income continuation), c (essential services), d (death) and e (funeral expenses).
b. Medical expense benefits shall be subject to a deductible of two-thousand
five hundred ($2,500.00) dollars for one (1) accident as authorized
and described under N.J.S.A. 39:6A-4.3a.
c. Medical expense benefits shall be subject to a copayment of twenty
(20%) percent in accordance with N.J.S.A. 39:6A-4.3d.
[Ord. No. 39-28].
The City of Linden elects the basic tort option specified under
N.J.S.A. 36:6A-8a.
[Ord. No. 39-28]
a. Any person who suffered personal injuries or death as a result of
the following conduct:
1. While committing a high misdemeanor or felony or seeking to avoid
lawful apprehension or arrest by a Police Officer.
2. While acting with specific intent or causing injury or damage to
himself or others.
b. Any person having incurred personal injuries or death, who, at the
time of the accident:
1. Was the owner or registrant of an automobile registered or principally
garaged in this State that was being operated without personal injury
protection coverage.
2. Was occupying or operating an automobile without the permission of
the owner or other named insured.
[Ord. No. 39-28]
a. The City of Linden's self-insurance program, City of Linden Insurance
Fund Commission, shall be in the amounts of the statutory minimums
of fifteen thousand ($15,000.00) dollars, exclusive of interest and
costs, on account of injury to or death of one (1) person in any one
(1) accident and of thirty thousand ($30,000.00) dollars, exclusive
of interest and costs, on account of injury to or death of more than
one (1) person in any one (1) accident as authorized under N.J.S.A.
17:1.1a.
b. The City of Linden's self-insurance program, City of Linden Insurance
Fund Commission, shall be limited to the amount of fifteen thousand
($15,000.00) dollars, exclusive of interest and costs, on account
of injury to or death of one (1) person in any one (1) accident and
shall be limited to thirty thousand ($30,000.00) dollars, exclusive
of interest and costs, on account of injury to or death of more than
one (1) person in any one (1) accident.
[Ord. No. 53-49 § 1]
The City of Linden shall not maintain nor provide under insurance
coverage or benefits of any type whatsoever to any employee or any
other person.
[Ord. No. 46-13 § 1]
a. Preamble. The Legislature enacted P.L. 2001, Chapter 404 (the Open
Public Records Act), effective July 8, 2002. It is incumbent upon
all municipalities to comply with said statute and to develop necessary
policies and procedures relative thereto.
b. The Municipal Clerk of the City of Linden is designated as the Custodian
of Records pursuant to the aforesaid statute. In his or her absence,
the Deputy or Assistant Municipal Clerk shall fulfill his or her obligations
as Custodian of Records. The Chief of Police is designated as the
Custodian of Records for any and all records which in any way relate
to Law Enforcement.
c. The Custodian of Records is directed and empowered to promulgate,
implement, and enforce regulations consistent with said statute to
ensure compliance with same. Any such policies, procedures or regulations
shall be communicated in writing to all City Departments, Boards,
Commissions, agencies, or other entities to which the aforesaid statute
is applicable.
d. Fees. Unless otherwise provided by law, the Fee Schedule for public
records shall be as follows: seventy-five ($.75) cents per page for
the first through the tenth page; fifty ($.50) cents per page for
the eleventh through the twentieth page; twenty-five ($.25) cents
per page thereafter. Copies of videotapes fifteen ($15.00) dollars;
copies of computer discs fifteen ($15.00) dollars; copies of plans
five ($5.00) dollars each; maps five ($5.00) dollars each; or other
oversized material five ($5.00) dollars each. Extraordinary record
search/reproduction twenty ($20.00) dollars per hour of employee time
in addition to above copying fees.
Nothing in the above Fee Schedule shall prohibit the City from
charging additional fees or service charges permitted by the aforesaid
statute for record requests which are deemed extraordinary thereunder.
[Ord. No. 48-110 § 1]
No person over the age of eighteen (18) nor any parent or guardian
shall attend nor permit any child to attend the Linden Public Schools
unless said child is a bona fide resident of the City of Linden. Any
individual who violates the provisions of this section shall be subject
to a fine not to exceed one thousand ($1,000.00) dollars and/or imprisonment
not to exceed six (6) months or both in the discretion of the Municipal
Judge. Additionally, the Municipal Judge shall have the authority
to order restitution to the Linden School District with respect to
any per pupil costs or other actual losses associated with the attendance
of any such nonresident child.
[Ord. No. 52-70 § 1]
a. In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
b. Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
is authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have a COAH-approved spending
plan may retain fees collected from non-residential development.
c. This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L.2008, c.46, Sections 8 and 32-38. Fees collected
pursuant to this section shall be used for the sole purpose of providing
low- and moderate-income housing. This section shall be interpreted
within the framework of COAH's rules on development fees, codified
at N.J.A.C. 5:97-8.
[Ord. No. 52-70 § 1]
a. This section shall not be effective until approved by COAH pursuant
to N.J.A.C. 5:96-5.1.
b. The City of Linden shall not spend development fees until COAH has
approved a plan for spending such fees in conformance with N.J.A.C.
5:97-8.10 and N.J.A.C. 5:96-5.3.
[Ord. No. 52-70 § 1]
a. The following terms, as used in this section, shall have the following
meanings:
AFFORDABLE HOUSING DEVELOPMENT
Shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a City construction project or a one hundred (100%) percent
affordable development.
COAH OR THE COUNCIL
Shall mean the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the State.
DEVELOPMENT FEE
Shall mean money paid by a developer for the improvement
of property as permitted in N.J.A.C. 5:97-8.3.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE
Shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the City of Linden,
as determined in accordance with sections 1, 5, and 6 of P.L.1973,
c.123 (C.54:1-35a through C.54:1-35c).
GREEN BUILDING STRATEGIES
Shall mean those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[Ord. No. 52-70 § 1]
a. Imposed Fees.
1. Within any zone districts, residential developers, except for developers
of the types of development specifically exempted below, shall pay
a fee of one and a one-half (1.5%) percent of the equalized assessed
value for residential development provided no increased density is
permitted.
2. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d
(5) (known as a "d" variance) has been permitted, developers shall
be required to pay a development fee of six (6%) percent of the equalized
assessed value for each additional unit that may be realized. However,
if the zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two- year period preceding the
filing of the variance application.
Example: If an approval allows four (4) units to be constructed
on a site that was zoned for two (2) units, the fees could equal one
and a half (1.5%) percent of the equalized assessed value on the first
two (2) units; and the specified higher percentage up to six (6%)
percent of the equalized assessed value for the two (2) additional
units, provided zoning on the site has not changed during the two-
year period preceding the filing of such a variance application.
b. Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Development.
1. Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
2. Developments that have received preliminary or final site plan approval
prior to the adoption of the City of Linden Development Fee Ordinance
shall be exempt from the development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
3. Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
4. The City exempts the following types of development from development
fees:
(a)
Nonprofit organizations which have received tax exempt status
pursuant to Section 501(c) 3 of the Internal Revenue Code, providing
evidence of that status is submitted to the City Clerk and City Tax
Assessor together with a certification that services of the organization
are provided at reduced rates to those who establish an inability
to pay such charges.
(b)
Federal, State, County, and local governments.
(c)
Persons or entity seeking a construction permit for a structure,
which shall be ancillary to and used in connection with a farm.
(d)
Persons or entity seeking a construction permit to add to or
remodel a residential structure provided the equalized assessed value
of the improvement is less than the equalized assessed value of the
original structure and further provided that no new dwelling units
are created.
(e)
Persons or entity seeking a construction permit to renovate,
expand, or alter an existing single-family dwelling or an existing
detached two-family dwelling provided no new dwelling units are created.
[Ord. No. 52-70 § 1]
a. Imposed Fees.
1. Within all zoning districts, nonresidential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to two and one-half (2.5%) percent of the equalized
assessed value of the land and improvements, for all new non-residential
construction on an unimproved lot or lots.
2. Nonresidential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to two
and one-half (2.5%) percent of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
3. Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
a half (2.5%) percent shall be calculated on the difference between
the equalized assessed value of the pre-existing land and improvement
and the equalized assessed value of the newly improved structure,
i.e. land and improvement, at the time final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the nonresidential development fee shall be
zero.
b. Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1. The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and one-half (2.5%) percent
development fee, unless otherwise exempted below.
2. The two and one-half (2.5%) percent fee shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within existing footprint, reconstruction, renovations and repairs.
3. Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to P.L.2008, c.46, as specified in the Form N-RDF "State of New Jersey
Non-Residential Development Certification/Exemption" Form. Any exemption
claimed by a developer shall be substantiated by that developer.
4. A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L.2008, c.46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the non-residential development fee, in that event,
within three (3) years after that event or after the issuance of the
final certificate of occupancy of the non-residential development,
whichever is later.
5. If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within forty-five (45) days of the termination of the
property tax exemption. Unpaid nonresidential development fees under
these circumstances shall be enforceable by a lien against the real
property of the owner.
[Ord. No. 52-70 § 1]
a. Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit.
b. For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c. The Construction Official responsible for the issuance of a building
permit shall notify the City of Linden Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
d. Within ninety (90) days of receipt of that notice, the City of Linden
Tax Assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development.
e. The Construction Official responsible for the issuance of a final
certificate of occupancy notifies the City of Linden Tax Assessor
of any and all requests for the scheduling of a final inspection on
property which is subject to a development fee.
f. Within ten (10) business days of a request for the scheduling of
a final inspection, Tax Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
g. Should the City of Linden fail to determine or notify the developer of the amount of the development fee within ten (10) business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection
b of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
h. Fifty (50%) percent of the development fee shall be collected at
the time of issuance of the building permit. The remaining portion
shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at building permit and that determined at issuance
of certificate of occupancy.
i. Appeal of Development Fees.
1. A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest bearing escrow account by The City of Linden. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, R.S.54:48-1 et seq., within ninety (90) days after the date of
such determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
2. A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within forty-five (45) days of receipt of the challenge, collected
fees shall be placed in an interest bearing escrow account by the
City of Linden. Appeals from a determination of the Director may be
made to the tax court in accordance with the provisions of the State
Tax Uniform Procedure Law, R.S.54:48-1 et seq., within ninety (90)
days after the date of such determination. Interest earned on amounts
escrowed shall be credited to the prevailing party.
[Ord. No. 52-70 § 1]
a. There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the City of Linden Chief Financial Officer
for the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
b. The following additional funds shall be deposited in the affordable
housing trust fund and shall at all times be identifiable by source
and amount:
1. Payments in lieu of on-site construction of affordable units;
2. Developer contributed funds to make ten (10%) percent of the adaptable
entrances in a townhouse or other multistory attached development
accessible;
3. Rental income from municipally operated units;
4. Repayments from affordable housing program loans;
6. Proceeds from the sale of affordable units; and
7. Any other funds collected in connection with the City of Linden's
affordable housing program.
c. Within seven (7) days from the opening of the trust fund account,
the City of Linden shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank and COAH to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97- 8.13(b).
d. All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
[Ord. No. 52-70 § 1]
a. The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address the City of Linden's fair
share obligation and may be set up as a grant or revolving loan program.
Such activities include, but are not limited to: preservation or purchase
of housing for the purpose of maintaining or implementing affordability
controls, rehabilitation, new construction of affordable housing units
and related costs, accessory apartment, market to affordable, or regional
housing partnership programs, conversion of existing non-residential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or State standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 597-8.7 through
8.9 and specified in the approved spending plan.
b. Funds shall not be expended to reimburse the City of Linden for past
housing activities.
c. At least thirty (30%) percent of all development fees collected and
interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the municipal Fair Share Plan. One-third (1/3) of the affordability
assistance portion of development fees collected shall be used to
provide affordability assistance to those households earning thirty
(30%) percent or less of median income by region.
1. Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
2. Affordability assistance to households earning thirty (30%) percent
or less of median income may include buying down the cost of low or
moderate income units in the municipal Fair Share Plan to make them
affordable to households earning thirty (30%) percent or less of median
income. The use of development fees in this manner may entitle the
City of Linden to bonus credits pursuant to N.J.A.C. 5:97-3.7.
3. Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d. The City of Linden may contract with a private or public entity to
administer any part of its Housing Element and Fair Share Plan, including
the requirement for affordability assistance, in accordance with N.J.A.C.
5:96-18.
e. No more than twenty (20%) percent of all revenues collected from
development fees, may be expended on administration, including, but
not limited to, salaries and benefits for municipal employees or consultant
fees necessary to develop or implement a new construction program,
a Housing Element and Fair Share Plan, and/or an affirmative marketing
program. In the case of a rehabilitation program, no more than twenty
(20%) percent of the revenues collected from development fees shall
be expended for such administrative expenses. Administrative funds
may be used for income qualification of households, monitoring the
turnover of sale and rental units, and compliance with COAH's monitoring
requirements. Legal or other fees related to litigation opposing affordable
housing sites or objecting to the Council's regulations and/or action
are not eligible uses of the affordable housing trust fund.
[Ord. No. 52-70 § 1]
a. The City of Linden shall complete and return to COAH all monitoring
forms included in monitoring requirements related to the collection
of development fees from residential and nonresidential developers,
payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, barrier-free escrow
funds, rental income, repayments from affordable housing program loans,
and any other funds collected in connection with the City of Linden
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH. All monitoring reports shall be completed
on forms designed by COAH.
[Ord. No. 52-70 § 1]
a. The ability for the City of Linden to impose, collect and expend
development fees shall expire with its substantive certification unless
the City of Linden has filed an adopted Housing Element and Fair Share
Plan with COAH, has petitioned for substantive certification, and
has received COAH's approval of its Development Fee Ordinance. If
the City of Linden fails to renew its ability to impose and collect
development fees prior to the expiration of substantive certification
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to section 20 of P.L.1985, c.222 (C.52:27D-320). The City of Linden
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the City of Linden retroactively impose a development fee on such
a development. The City of Linden shall not expend development fees
after the expiration of its substantive certification or judgment
of compliance.
[Ord. No. 52-48 Preamble]
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program to provide retirement benefits to various county
and municipal officials.
N.J.S.A. 43:15C-2 requires the Governing Body of each county,
municipality, and other local entity to adopt, as appropriate, either
a resolution or ordinance to determine the positions that are substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State, pursuant to guidelines or policy that
shall be established by the Local Finance Board in the Department
of Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law.
[Ord. No. 52-48 § 1]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
a. Mayor, Council Members, City Manager/Administrator (to the extent
such position may exist).
b. Municipal Attorney, Assistant Municipal Attorney.
f. Director of Public Property and Community Services.
g. Director of Office of Emergency Management.
[Ord. No. 52-48 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
d. Construction Code Official.
e. Qualified Purchasing Agent.
h. Licensed Uniform Subcode Inspector.
i. Public Works Superintendent.
[Ord. No. 52-48 § 3]
If an individual is appointed to one of the positions listed in subsection
2-84.2 and the individual is not serving in a position as described in subsection
2-84.3 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual; (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in this subsection herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board of the Division of Pensions and Benefits.
[Ord. No. 52-48 § 4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. No. 52-26 §§ 1—6]
a. Agreement Established. Pursuant to N.J.S.A. 40A:14-156.1, there is
hereby established a mutual aid agreement with all other municipalities
in Union County, New Jersey, who adopt a reciprocal ordinance to provide
mutual police aid in case of emergency. This agreement shall apply
whenever the City of Linden may have an emergency within its boundaries
requiring additional police assistance to protect life and property,
or to assist in suppressing a riot or disorder; and whenever another
municipality in the County, who has enacted a reciprocal ordinance,
may experience a similar emergency, requiring additional police assistance.
b. Authorization to Request Assistance. The Chief of Head of the Police
Department of the City of Linden is authorized to request assistance
from the Chief or other head of the Police Department of another municipality
within Union County to provide aid during and after said emergency.
c. Assistance to Other Municipalities. The Chief or head of the Police
Department of the City of Linden shall provide assistance to another
municipality or municipalities in Union County, making valid request
to supply such personnel and equipment as required to the extent possible
without endangering person or property within the City of Linden.
The members of the Police Department supplying aid shall have the
same powers, authority, rights and immunities of the members of the
Police Force of the municipality to which assistance is rendered.
d. Costs. The City of Linden shall, upon providing assistance to another
municipality who has enacted a reciprocal mutual aid ordinance, assume
the cost and expense of providing its personnel and equipment to the
requesting municipality, except in such instances when the requesting
municipality receives State or Federal aid by way of reimbursement.
In such circumstances, the cost incurred shall be submitted to the
community requesting assistance.
e. Injury, Death Benefits. Members of the Police Force of the City of
Linden suffering injury, or their legal representatives, if death
results, while rendering assistance in another municipality, shall
be entitled to all such benefits they would have realized if injury
or death had occurred in the performance of normal duties in the City
of Linden.
f. Distribution of Copy of Agreement. A copy of this section shall be
transmitted to the Municipal Clerk of each municipality within the
County of Union no later than five (5) business days following adoption.
The Clerk of the City of Linden shall maintain a record of all such
ordinances by other municipalities within the County of Union.
[Ord. No. 61-24; Ord. No. 61-66]
The City of Linden, in the County of Union, New Jersey (the
"City"), a public body corporate and politic of the State of New Jersey,
is authorized pursuant to the Local Redevelopment and Housing Law,
N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law") to determine
whether certain parcels of land within the City constitute an area
in need of rehabilitation or an area in need of redevelopment.
Pursuant to the Five Year Exemption and Abatement Law, N.J.S.A.
40A:21-1 et seq. (the "Five Year Law") improvements to property located
within an area in need of rehabilitation or redevelopment may qualify
for short term tax exemptions.
The City Council has determined to authorize tax exemptions
for the construction of new industrial structures on an individual
basis after review, evaluation and approval of each application by
the City Council, in designated areas of rehabilitation or redevelopment
within the City as authorized under N.J.S.A. 40A:21-7 of the Five
Year Law.
Applicants may submit applications to the City requesting a
tax exemption under the Five Year Law seeking financial assistance
in implementing the rehabilitation and redevelopment of properties
within the City as provided herein.
The City Council has determined that the authorization of tax
exemptions for the construction of new industrial structures in the
City is in the best interests of the City and shall facilitate the
rehabilitation and redevelopment of the City for productive use.
The City Council has determined that the authorization of tax
exemptions for the improvements to commercial structures, in addition
to the construction of new industrial structures in the City, is in
the best interests of the City and shall facilitate the rehabilitation
and redevelopment of the City for productive use.
[Ord. No. 61-24, adopted
April 19, 2017; Ord. No. 61-66]
Be it ordained, by the Municipal Council of the City of Linden,
in the County of Union, New Jersey, as follows:
a. The aforementioned recitals are incorporated herein as though fully
set forth at length.
b.
1. The City
Council hereby approves exemptions of real estate taxes for the construction
of new industrial structures on an individual basis after review,
evaluation and approval of each application by the City Council, in
designated areas of rehabilitation or redevelopment within the City
as authorized under N.J.S.A. 40A:21-7 of the Five Year Law.
2. The City
Council hereby approves exemptions of real estate taxes for the improvements
to commercial structures, in addition to new industrial structures,
as contemplated and intended by the City Council when the City Council
adopted City Ordinance 61-24, on an individual basis after review,
evaluation and approval of each application by the City Council, in
designated areas of rehabilitation or redevelopment within the City
as authorized under N.J.S.A. 40A:21-7 of the Five Year Law.
c. The City Council further authorizes agreements for payments in lieu
of taxes for each applicant hereto (each a "Tax Agreement"), which
Tax Agreement shall be for no longer than five years following completion
of the Project and shall be subject to all provisions of the Five
Year Law and these Ordinance Nos. 61-24 and 61-66.
d. The City Clerk shall include a notice in the mailing of the annual
property tax bills to each owner of the properties where exemptions
are authorized pursuant to this Ordinance No. 61-24, advising such
property owners of same before the end of the first year following
adoption of these Ordinance Nos. 61-24 and 61-66.
e. Within 30 days of execution, the City Clerk shall forward copies
of all Tax Agreements to the Director of the Division of Local Government
Services in the Department of Community Affairs as prescribed by N.J.S.A.
40A:21-11(d).
f. If any part of this Ordinance No. 61-24 shall be deemed invalid,
such parts shall be severed and the invalidity thereby shall not affect
the remaining parts of this Ordinance No. 61-24.
g.
1. This
Ordinance No. 61-24 shall take effect in accordance with all applicable
laws and shall be in effect for ten (10) years after the date of final
approval, unless amended by the Municipal Council.
2. Ordinance
No. 61-66 shall take effect nunc pro tunc on April 18, 2017 and shall
be in effect for ten (10) years thereafter, unless amended by the
Municipal Council.