Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 2260, 2270, 2410, 2416.
[Ord. No. 00-2452 § 21-1; Ord. No. 10-2933]
The area within the City of Summit designated by the properties listed in subsection 21-1.2c hereof would benefit from being designated as a Special Improvement District;
A District Management Corporation would assist this City in promoting and planning development within such area designated by subsection 21-1.2c hereof by providing administrative, planning and other services to benefit the businesses, employees, residents and consumers of the Special Improvement District;
An assessment may be imposed on properties within the Special Improvement District and collected by the City of Summit with the regular property tax payment or payment in lieu of taxes and that such assessment shall be transferred to the District Management Corporation to exercise the powers given to it by this Ordinance and to effectuate the purposes of N.J.S.A. 40:56-65, et seq.;
It is in the best interests of the City of Summit and the public to create such Special Improvement District and to designate such District Management Corporation, which Corporation shall have a Board of Trustees chosen as provided in subsection 21-1.4a hereof; and
Public policy of the State of New Jersey permits the Common Council to protect the public, its welfare and health and the interests of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the properties designated in subsection 21-1.2c hereof by adoption of Special Improvement Ordinance.
In the Mayor and Council President Downtown Review Task Force report dated May 18, 2010 it was recommended to evaluate the SID boundaries. The report stated: "In the last fifteen (15) years the downtown has grown. The SID has not. The boundaries of the SID should be expanded." According to the report this recommendation would provide a partial means of paying for a retail recruiter stating that "The fourteenth power the SID should exercise reads as follows: Recruit new businesses to fill vacancies in and to balance the business mix of the SID."
The City Planner in a REVIEW COMMENT AND RECOMMENDATION section of memo dated October 26, 2010 on the SID expansion subject advised as follows:
"From a planning perspective, the proposed expansion is a logical decision based on the following:
The downtown area has changed and grown since the original adoption of the SID.
The expansion can be implemented without negatively affecting the CRBD or the residential areas that abut the delineated area.
The character of the proposed expansion area has changed over the years and can be better integrated with the existing SID.
The proposed expansion furthers the goals and objectives of the master plan noted above."
[Ord. No. 2452 § 21-2; Ord. No. 10-2933]
As used in this section:
Special Improvement District (hereinafter called "SID") shall mean an area within the City of Summit as designated by this section as an area in which an assessment on all property within the SID shall be imposed for the purpose of planning and promoting the economic and general welfare of the SID and the City of Summit.
District Management Corporation shall mean an entity created by municipal ordinance or incorporated pursuant to N.J.S.A. 15A:1-1, et seq. and designated by municipal ordinance as the then current entity to receive funds collected by an assessment within the SID by this section.
[Ord. No. 2452 § 21-3; Ord. No. 00-2461 § 1]
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 an assessment for the purposes of planning and promoting the economic and general welfare of the SID and the City of Summit; provided that in any year no assessment shall be levied or imposed for any property within the SID which exceeds ten (10%) percent of the regular tax payment for such property. No assessment shall be levied on any property designated as tax exempt. In the event any entity makes a payment in lieu of taxes to the City of Summit, said entity shall be subject to the imposition of the assessment.
All property listed hereinabove, and which is incorporated with the SID, shall be subject to payment of such assessment whether it is used for commercial or residential purposes.
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 City. While improvements and supplemental services shall be maintained and operated pursuant to the provisions of this ordinance 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 section, such improvements and supplemental services shall not be substituted by the City for improvements and services now supplied to the proposed SID nor be grounds for curtailment of future improvements and services planned.
[Ord. No. 00-2452 § 21-4; Ord. No. 03-2558 § 1; Ord. No. 11-2966; Ord. No. 15-3072; Ord. No. 2016-3122]
For the purposes of this section, Summit Downtown Inc. is hereby designated as the present District Management Corporation and shall assist the City of Summit in planning and promoting economic development 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 assessment within the SID. The designation of the District Management Corporation may be changed at any time or from time to time by ordinance adopted by Common Council. In addition, the District Management Corporation shall:
Have a Board of Trustees consisting of no more than fourteen (14) members, who shall be chosen as follows:
Elected Trustees. There shall be ten (10) elected trustees, all of whom must be of legal voting age, who shall be elected as hereinafter provided, who shall be voting members, separated into the following classifications:
Property owners (four (4) seats).
Retail establishment owners (three (3) seats).
Upper/lower floor businesses (two (2) seats).
Residents-at-large of the City of Summit (one (1) seat).
Non-Designated Trustees, to be selected from retail establishment owners or operators, property owners, non-retail business or residents-at-large (not to exceed two (2) total Residents-at-large on the Board) if one of the above classifications cannot be filled after diligent search pursuant to the procedure set forth by the Nominating Committee.
[Ord. No. 2016-3122]
Appointed Ex-Officio Trustees. The appointed ex-officio trustees shall be:
Mayor, or Mayor's designee, of the City of Summit, who shall be a voting member (one (1) seat), provided that:
If the Mayor's designee shall be the ex-officio trustee said designee shall be appointed with advice and consent of Common Council.
The Mayor shall not be eligible to be Chairman of Summit Downtown Inc.
Two (2) members of the Common Council, appointed by the Council President for one-year terms, who shall be voting members (two (2) seats).
City Administrator, who shall be a nonvoting member (one (1) seat).
Qualifications of Elected Trustees. All elected trustees, with the exception of the resident-at-large trustees, shall be persons who are responsible for payment of any special assessments created under the Special Improvement District, whether they are directly responsible to the City or by "pass through" from their landlord.
[Ord. No. 2016-3122]
Exercise the following powers:
Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe the rules, regulations and policies in connection with the performance of its functions and duties;
Employ such persons as may be required, and fix and pay their compensation from funds available to the corporation;
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
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;
Administer and manage its own funds and accounts and pay its own obligations;
Borrow money from private lenders for periods not to exceed one hundred eighty (180) days and from governmental entities for that or longer periods;
Fund the improvement of the exterior appearance of properties in the SID through grants or loans;
Fund the rehabilitation of properties in SID;
Accept, purchase, rehabilitate, sell, lease or manage property in the SID;
Enforce the conditions of any loan, grant, sales or lease made by the corporation;
Provide security, sanitation and other services to the SID supplemental to those provided normally by the City;
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 operations and facilities, recreational and rest areas and facilities and those generally permitted for pedestrian malls under Section Two of P.L. 1972 Chapter 134 (C. 40:56-66), pursuant to pertinent regulations of the Common Council;
Publicize the SID and businesses included within the SID boundaries;
Recruit new businesses to fill vacancies in, and to balance the business mix of, the SID;
Organize special events in the SID;
Provide special parking arrangements; and
Provide temporary decorative lighting in the SID.
[Ord. No. 00-2452 § 21-5]
The District Management Corporation shall submit a detailed annual budget for approval by resolution of the Common Council of the City of Summit, which annual budget shall be approved and adopted by a majority of the voting members of the Board of Trustees. The budget shall be submitted with a report which explains how the budget contributes to goals and objectives for the Special Improvement District.
The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Common Council of the City of Summit. The procedure shall be as follows:
The budget shall be introduced in writing at a meeting of the Common Council of the City of Summit. 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.
The budget shall be advertised after approval. The advertisement shall contain a copy of the budget and shall set forth the date, time and place of the hearing. It shall be published at least ten (10) days prior to the date fixed therefor in the publication or publications designated by the Common Council for the publication of such notices.
No budget shall be adopted until a public hearing has been held thereon and all taxpayers and persons having an interest therein shall have been given an opportunity to present objections. The hearing shall be held no less than twenty-eight (28) days after approval of the budget.
The public hearing shall be held at the time and place specified in the advertisement therefor, 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:
At least one (1) week prior to the date of the hearing, a complete copy of the approved budget as advertised:
The Common 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 paragraph f1 have been met. After closing the hearing, the Common Council may adopt the budget, by title without amendments, or may approve amendments as provided in paragraph g of this subsection before adoption.
The Common Council may amend the budget during or after the public hearing. No amendment by the Common Council shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing hereon, if the amendment shall:
Add a new item in an amount in excess of one (1%) percent of the total amount stated in the approved budget; or
Increase or decrease any item by more than ten (10%) percent; or
Increase the amount to be raised pursuant to Section 16 of P.L. 1972 Chapter 134 (C. 40:56-80) by more than five (5%) percent unless the same is made pursuant to an emergency temporary appropriation only. Notice of hearing on an amendment shall be advertised at least three (3) 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.
Final adoption shall be by resolution adopted by a majority of the full membership of the Common Council, and may be by title.
[Ord. No. 00-2452 § 21-5]
The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Common Council of the City of Summit, and for that purpose, the Corporation shall employ a certified public accountant of the State of New Jersey. The annual audit shall be completed and filed with the governing body within four (4) months after the close of the fiscal year of the corporation, and a certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs within five (5) days of the filing of the audit with the Common Council of the City of Summit.
[Ord. No. 00-2452 § 21-6]
The District Management Corporation shall, within thirty (30) days of the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Common Council of the City of Summit.
[Ord. No. 00-2452 § 21-7]
The annual costs of operating, maintaining and improving the Special Improvement District shall be reported to the Common Council of the City of Summit, assessed, collected and appropriated as provided in N.J.S.A. 40:56-80.
[Ord. No. 00-2441 § 2; Ord. No. 04-2600 § 1; Ord. No. 08-2789 § 1]
Purpose of Displays.
It is the intention of this section to encourage the outdoor display of certain types of goods and merchandise in front of certain retail stores in this District, and to establish a permit system that will approve, authorize and control the displays, materials and locations.
Permitted displays and materials will add color and interest to the streetscape, attracting customers to businesses in the District. The display areas are not established as, nor are they permitted to become, an extension of a merchant's sales area, and no business may be conducted in these areas.
Within the District, outdoor displays of the following types of goods and merchandise may be permitted.
Fruits, vegetables, and cut or growing flowers, arranged on rocks or sloping or angled displays that are intended to maximize the visibility of the items, and not act as an extension of the sales area of the business;
Freestanding antique and similar furniture and accessories customary to the furniture items;
Tools and equipment intended primarily for outdoor yard work;
Portable, wheeled, outdoor barbecue grills;
Live, living, or specifically approved artificial ornamental and decorative flowers, shrubs and plants, and their containers.
All of the goods and merchandise identified in paragraph a3 above must be located along the building frontage, within an area that extends perpendicularly no more than two (2') feet from the building facade, and that does not block or otherwise encumber the entrance or exit from the building, and that provides a clear passageway with a minimum width of four (4) feet.
The goods and merchandise in paragraph a3(a) through a3(d) above may be displayed or located only in front of stores that normally sell these goods or merchandise.
The goods and merchandise in paragraph a3(b) and a3(d) above are limited to four (4) pieces within each fifty (50) lineal feet of building frontage.
As examples, the following are representative of "four (4) pieces"; a table and chair and a wardrobe and a night table; two (2) barbecue grills and a wheelbarrow and a step ladder; etc.
As examples, the following are representative of accessory items customarily used with the furniture: a nightstand with a washbasin and pitcher; a table with vase; a wheelbarrow with soil and watering can; etc.
All parts of every item, including any container and support elements, must be located within two (2') feet of the building facade in the approved display area. This includes but is not limited to branches, stems, and foliage on ornamental flowers; racks for display purposes; doors, legs, arms, and any other part of furniture or accessories.
No signs of any kind are permitted with the outdoor display of goods and merchandise.
Summit Downtown, Inc. (SDI), appointed by ordinance as the "District Management Corporation" within the District, is empowered to issue permits and enforce the regulations of this section.
SDI shall appoint a committee of five (5) members, including no less nor more than three (3) retail merchants, to approve and issue permits; to counsel owners and tenants within the District about the use of appropriate, sidewalk-enhancing displays; to enforce the limits of display areas and materials; and to refer violations that cannot be resolved to the City Department of Community Services.
The Committee shall develop a procedure whereby a merchant seeking approval for outdoor display applies for and receives an annual display permit. The display permit system must include the following at a minimum.
The permit includes the nature of the display, a description of the materials to be displayed and the racks used for display, and a clear diagram of the display area;
The application receives review and approval or rejection within forty-five (45) business days;
The merchant or property owner is required to display the permit in plain view at the cash register area of the store (or such as used for transacting the actual sales);
The approved permit and diagram are kept on file at the offices of SDI, with a copy forwarded to the Zoning Officer for City files and for public inspection;
The permit form shall clearly indicate that the permit and materials displayed are subject to periodic review and annual renewal; the holder is required to properly maintain the items and the display racks; the permit must be kept in plain view; and that SDI may rescind the permit fully or order the removal of any displayed items that are not properly maintained.
Any person or business displaying items without first obtaining a permit, or displaying items without authorization or outside of the permitted area, is in violation of this section and subject to the penalties contained herein.
[Ord. No. 00-2452 § 21-8]
If any section, subsection, provision, clause or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, such adjudication shall not affect the remaining sections, subsections, provisions, clauses or portions, which shall be deemed severable therefrom.
[Ord. No. 00-2452 § 21-9]
Ordinance No. 2260 introduced on November 21, 1995 and passed on December 19, 1995, as amended by Ordinance No. 2270 introduced on April 16, 1996 and passed on May 21, 1996, as further amended by Ordinance 2410 introduced on October 6, 1999 and passed on November 3, 1999, and as further amended by Ordinance No. 2416 introduced on January 18, 2000 and passed on February 15, 2000, be and the same is hereby repealed in its entirety.
All other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance be and the same and hereby repealed except where the context and/or intent requires otherwise.
[Ord. No. 00-2452 § 21-10]
At least ten (10) days prior to the date fixed for a public hearing on this section, a copy hereof and notice of the date, time and place of said hearing shall be mailed by the first class mail to all parties with an interest in the lots or parcels of land included in the SID as listed on the tax records of the City of Summit.
[Ord. No. 00-2452 § 21-11]
The effective date of this section shall be twenty (20) days after its final passage by Common Council, and approval by the Mayor of the City of Summit at the time and in the manner provided by law.
[Ord. No. 2394, Preamble]
The City of Summit has established a Special (Business) Improvement District pursuant to N.J.S.A. 40:56-65;
The New Jersey Legislature has created a Downtown Business Improvement Zone loan fund;
The loan program was established for the benefit of assisting municipalities that establish Special (Business) Improvement Districts and further establish by ordinance Downtown Business Improvement Zones;
The establishment of a Downtown Business Improvement Zone will assist the City of Summit and the Special (Business) Improvement District in undertaking public improvements to the Downtown Business Improvement Zone;
The designation of a Downtown Business Improvement Zone will be in the best interest of the Special (Business) Improvement District and the City of Summit.
[Ord. No. 2394 § 1]
The purpose for the establishment is to:
Promote economic growth and employment within the business district and in particular the Special (Business) Improvement District;
Foster and encourage self-help programs to enhance the local business climate; and
Authorize, permit and facilitate the City of Summit Downtown Special (Business) Improvement District and Summit Downtown Inc., 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. 2394 § 2]
There is hereby created and designated within the City of Summit a Downtown Business Improvement Zone that shall be described as that area bound by the Special (Business) Improvement District established by Ordinance Number 2452 on December 19, 1995.