ATTACHMENTS
Attachment 1 - Appendix A Special Improvement DistrictAttachment 2 - Appendix B Special Improvement District Map
[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 is included 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 is included 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.
[Added 9-17-2024 by Ord. No. 68-44]
There shall be a smoking ban on sidewalks in and or around the businesses in the designated Special Improvement District and shall begin at North Wood Avenue Starting from St. Georges Avenue to Munsell Avenue, including 150 foot setback on East and West Blancke Street, East and West Price Street, and East and West Elizabeth Avenue, all as set forth with more specificity in Exhibit A attached hereto.[1]
[1]
Editor's Note: Exhibit A may found in the City offices.
[Added 9-17-2024 by Ord. No. 68-44]
Any violation of this provision shall be actionable under the City's fines enforceable by the Police and the Health Departments for the City of Linden as set forth in the City's general fees and fines for municipal ordinance violations.