[1979 Code § 3-1; Ord. No. 31-63 § 1; Ord. No. 33-28 § 1]
There is hereby created and designated within the City the "City
of Linden Special Improvement District" hereinafter designated by
street address and tax lot and block number as set forth in Appendix
A[1] attached. All properties within the district shall be
subject to a special assessment which shall be imposed by the City
and collected with the regular property tax payment or payment in
lieu of taxes or otherwise, and all of these payments shall be transferred
to the district management corporation to effectuate the purposes
of the statute and to exercise the powers given to it by this chapter
and for the purposes of promoting the economic and general welfare
of the district and the municipality. This assessment shall not apply
to properties used exclusively for residential use.
[1]
Editor's Note: The Appendix referred to herein may be found
as an attachment to this chapter.
[1979 Code § 3-2; Ord. No. 31-63 § 2]
It is the intention and purpose of this chapter to encourage
and endeavor to have the exteriors of all structures in the district
which are or become used, whether all or in part, for nonresidential
use, as defined in the City regulations as supplemented and amended,
to be representative of the design of nonresidential structures. Therefore,
no building permit shall be issued for the construction, alteration
of any such building or structures without the prior review and approval
of the City. In addition, on or after the effective date of this chapter
the Planning Board shall not grant approval of site plans or subdivision
plans unless and until the proposed exterior design of the structures
shall have first been submitted to the district management corporation.
The district management corporation shall review all the plans and
shall recommend to the Construction Code Official approval or disapproval
of the plans with a copy of the recommendation to be delivered to
the applicant.
[1979 Code § 3-8; Ord. No. 31-63 § 9]
The use of the terms "special improvement district" and "district
management corporation" as used herein are intended to be defined
in the same manner as the terms as defined in N.J.S.A. 40:56-65, and
are adopted by reference thereto.
[1979 Code § 3-3; Ord. No. 31-63 § 3]
All costs of development, construction and acquisition relating
to providing public improvements for the district not borne by Federal,
State, County or local governments shall be financed and assessed
to properties specially benefited by such improvements. The properties
specially benefited by the creation of the district as described by
lot and block number and street address are listed in Appendix A attached
hereto and made a part hereof.[1]
[1]
Editor's Note: The Appendix referred to herein may be found
as an attachment to this chapter.
[1979 Code § 3-4; Ord. No. 31-63 § 4; Ord. No. 58-60]
It is hereby determined that the improvements in the district
may involve annual costs in addition to the initial cost of constructing
and making improvements within the district. Such annual costs relate
to maintenance services peculiar to the district and are distinguished
from maintenance services normally provided by the City outside of
the district and will provide benefits primarily to the property included
in the district rather than to the City as a whole. The improvements
and the facilities thereof shall be maintained and operated pursuant
to the provisions of this chapter and to N.J.S.A. 40:56-65 et seq.
and the costs thereof shall be assessed or taxed to the benefited
properties or businesses pursuant to this chapter and N.J.S.A. 40:56-80
or N.J.S.A. 40:56-85.
The annual added assessment shall not exceed $.0025 of the total
assessment through December 31, 2014, and as of January 1, 2015, the
annual added assessment shall be increased to not to exceed $.005
of the total assessment.
[1979 Code § 3-5; Ord. No. 31-63 § 5]
Concurrent with the submission of the improvement implementation
plan for the special improvement district and annually thereafter,
the district management corporation shall report to the Governing
Body an estimate of the cost of operating and maintaining and annually
improving the district for the next fiscal year to be incurred under
the plan and an estimate of changes in the amounts of the costs which
would follow upon the adoption of any addition or amendment to the
plan recommended to or under consideration by the Governing Body.
Such estimate shall be reasonably itemized and shall include
a summary of the categories of cost properly chargeable in accordance
with N.J.S.A. 40:56-80. The Finance Director, with the assistance
and concurrence of the district management corporation, shall submit
a detailed annual budget for approval by resolution of the Governing
Body in accordance with the statute.
[1979 Code § 3-6.1; Ord. No. 31-63 § 6]
There is hereby created the "City of Linden District Management
Corporation" which shall exercise the following powers:
a.
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.
b.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the corporation.
c.
Apply for, accept, administer and comply with the requirements respecting
and appropriation of funds or a gift, grant or donation of property
or money.
d.
Make and execute agreements which may be necessary or convenient
to carry out and perform the functions of the corporation, including
contracts with any person, firm, corporation, governmental agency
or other entity.
e.
Administer and manage its own funds and accounts and pay its own
obligations.
f.
Borrow money from private lenders for periods not to exceed one hundred
eighty (180) days and from governmental entities for that or longer
periods.
g.
Fund the improvement of the exterior appearance of properties in
the district through grants or loans.
h.
Accept, purchase, rehabilitate, sell, lease or manage property in
the district.
i.
Enforce the conditions of any loan, grant, sale or lease made by
the corporation.
j.
Provide security, sanitation and other services to the district,
supplemental to those provided normally by the municipality.
k.
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.
l.
Publicize the district and businesses included within the district
boundaries.
m.
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the district.
n.
Provide special parking arrangements for the district.
o.
Provide temporary decorative lighting in the district.
p.
Operate its budget on a fiscal year commencing July 1st and terminating
on June 30th of each year.
[1979 Code § 3-6.2; Ord. No. 31-63 § 7; amended 2-19-2020 by Ord. No. 64-4; 12-19-2023 by Ord. No. 67-77]
The corporation shall be governed by a board of trustees consisting
of 10 members appointed by the Governing Body as follows:
a.
A member of the Governing Body appointed by a majority vote of the
full Council. The corporation shall be governed by a Board of Trustees
consisting of 10 members appointed by the Mayor and Council as per
ordinance as follows: three owners, three merchants, two residents,
one government representative and one LEDC member.
b.
The appointment of members of the Board of Trustees shall initially
be as follows: two (2) members for one year term; three (3) members
for a two year term; and three (3) members for a three year term.
Thereafter, appointments will be for a three year term. Terms shall
expire on December 31. The term of the member of the Governing Body
shall expire on December 31 of each year. The term of the member of
the LEDC shall be consistent with their term on the LEDC.
c.
Appointments to the board of trustees shall be made by the Governing
Body. Vacancies on the board will be filled by the Governing Body
for the expired term.
d.
The chairman of the board of trustees shall be appointed by the City
annually.
[Ord. No. 40-19 § 1-]
The purpose of this section is to (a) promote economic growth
and employment within the business district and in particular the
Special (Business) Improvement District; (b) foster and encourage
self-help programs to enhance the local business climate, and (c)
authorize, permit and facilitate the Municipality of Linden, New Jersey
Special (Business) Improvement District and the designated district
management corporation of the district to apply for and accept funds
or loans from the State of New Jersey, Department of Community Affairs
for public improvements as contemplated and defined by P.L. 1998,
C. 115.
[Ord. No. 40-19 § 2]
There is hereby created and designated within the Municipality
of Linden, New Jersey a Downtown Business Improvement Zone that shall
be described as the area bound by the Special (Business) Improvement
District previously established by the Governing Body of the Municipality
of Linden on October 19, 19993 by Ordinance Number 31-63.
