[HISTORY: Adopted by the Township Committee of the Township of Union 6-22-1993 by Ord. No. 4254 (Ch. 471 of the 2004 Code). Amendments noted where applicable.]
[Amended 7-27-1993 by Ord. No. 4261]
There is hereby created and designated within the Township of Union the Union Township Special Improvement District, hereinafter designated by street address and tax lot and block number as set forth in Appendix A attached hereto and made part hereof[1] and referred to in § 505-3 hereof. The district shall be subject to a special assessment on all property within said district which shall be imposed by the Township of Union 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 said district and the municipality.
[1]
Editors Note: Appendix A is on file in the office of the Township Clerk, where it may be examined during regular office hours.
[Amended 7-27-1993 by Ord. No. 4261]
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 Chapter 170, Land Development, of the Township of Union to be representative of the design of nonresidential structures in existence during the Williamsburg Era to the end that, with the passing of time, Williamsburg facades will be existent on such structures as much as the original architecture of the structure will architecturally allow, or as much as possible to have the structures returned to their original architectural designs. Therefore, no building permit shall be issued for the construction, alteration or signage of any such building or structures without the prior review and approval of the District Management Corporation to assure compliance with the above design criteria. The aforementioned Williamsburg Era facades requirement is only applicable to new tenant occupancy. In addition, on or after the effective date of this chapter, the Planning Board shall not approve site plans or subdivisions unless and until the proposed exterior design of said structures shall have first been submitted to the District Management Corporation. Said District Management Corporation shall review all said plans and shall recommend to the Construction Code Official approval or disapproval of said plans, with a copy of said recommendation to be delivered to the applicant.
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 made part hereof.[1]
[1]
Editors Note: Appendix A is on file in the office of the Township Clerk, where it may be examined during regular office hours.
A. 
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 Township outside of the district and will provide benefits primarily to the property included in the district rather than to the Township 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 properties to be assessed or taxed to provide for the payment of such annual costs are set forth in Appendix A[1] mentioned in § 505-3 hereof.
[1]
Editors Note: Appendix A is on file in the office of the Township Clerk, where it may be examined during regular office hours.
B. 
Said annual costs shall not exceed the sum of $150,000, plus a CPI increase over the base year 1993.
[Added 7-27-1993 by Ord. No. 4261]
C. 
The first annual budget commencing July 1, 1993, shall be $124,871.
[Added 7-27-1993 by Ord. No. 4261]
A. 
Concurrently with the submission of the Improvement Implementation Plan for the Special Improvement District and annually thereafter, the District Management Corporation, with the assistance of the Township Administrator, shall report to the Township Committee 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 said costs which would follow upon the adoption of any addition or amendment to the plan recommended to or under consideration by the Township Committee.
B. 
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 Township Administrator, with the assistance and concurrence of the District Management Corporation, shall submit a detailed annual budget for approval by resolution of the Township Committee in accordance with the statute.
There is hereby created the Township of Union 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 the 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 the exercise of the powers and 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 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. 
Fund the rehabilitation of properties in the district.
I. 
Accept, purchase, rehabilitate, sell, lease or manage property in the district.
J. 
Enforce the conditions of any loan, grant, sale or lease made by the corporation.
K. 
Provide security, sanitation and other services to the district, supplemental to those provided normally by the municipality.
L. 
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 Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent regulations of the governing body.
M. 
Publicize the district and the businesses included within the district boundaries.
N. 
Recruit new businesses to fill vacancies in, and to balance the business mix of, the district.
O. 
Organize special events in the district.
P. 
Provide special parking arrangements for the district.
Q. 
Provide temporary decorative lighting in the district.
R. 
Operate its budget on a fiscal year commencing July 1 and terminating on June 30 of each year.
[Added 7-27-1993 by Ord. No. 4261]
The Corporation shall be governed by a Board of Trustees consisting of nine members, appointed by the Township Committee as follows:
A. 
A member of the Township Committee appointed by a majority vote of the full Township Committee; two residents of the Township of Union who are neither an owner or tenant of property in the district nor conduct a business therein nor is a stockholder, officer, employee or director of any business conducted in the district; three persons who are owners of real estate located within the district or officials of a corporation or entity owning real estate within the district; and three persons who are proprietors or employees of businesses conducted in the district.
B. 
The appointment of members of the Board of Trustees shall initially be as follows: two members for a one-year term; three members for two-year terms; and three members for three-year terms. Thereafter, appointments will be for three-year terms. Terms shall expire on December 31. The term of the member of the Township Committee shall expire on December 31 each year.
C. 
Appointments to the Board of Trustees shall be made by the Township Committee. Vacancies on the Board will be filled by the Township Committee for the unexpired term.
D. 
The Chairman of the Board of Trustees shall be appointed by the Township Committee annually.
As used in this chapter, the following terms shall have the meanings indicated:
BARBER SHOP
Includes service mainly to cut, dress, groom, style and shave men and boy's hair.
[Added 3-14-2017 by Ord. No. 5412]
BEAUTY BAR
Shall include any business whose services include but are not limited to blow outs, up-dos, make up applications, manicures, pedicures, waxing, hair and styling, tinting and facials, and massages.
[Added 3-14-2017 by Ord. No. 5412]
BEAUTY/ HAIR SALON
Includes service dealing with cosmetic treatments for men and women, including cutting hair and styling and which may also include a spa. This further includes but is not limited to services related to skin health, facial aesthetic, foot care, nail manicures, aromatherapy, even meditation, oxygen therapy, mud baths, and many other services.
[Added 3-14-2017 by Ord. No. 5412]
NAIL SALON
Includes any business whose primary business is providing manicures, pedicures or other fingernail and/or toenail cosmetic treatment.
[Added 3-14-2017 by Ord. No. 5412]
SPECIAL IMPROVEMENT DISTRICT and DISTRICT MANAGEMENT CORPORATION
Are intended to be defined in the same manner as said terms are defined in N.J.S.A. 40:56-66 and are adopted by reference thereto.[1]
[1]
Editor's Note: Original § 243-9, Review, of the 1986 Code, and original § 243-10, Expiration date, of the 1986 Code, both added 7-27-1993 by Ord. No. 4261, which previously followed this section, were repealed 6-23-1998 by Ord. No. 4543.
At least 10 days prior to the date fixed for a public hearing on this chapter, a copy hereof and notice of the date, time and place of said hearing shall be mailed by certified mail to all the parties owning real property within the Special Improvement District as listed in Appendix A attached hereto.[1]
[1]
Editors Note: Appendix A is on file in the office of the Township Clerk, where it may be examined during regular office hours.
[Added 11-10-2005 by Ord. No. 4914]
A. 
Nail salons.
[Amended 3-14-2017 by Ord. No. 5412]
(1) 
Location. Within the confines of the Special District, no nail salon, hair salon, beauty salon, barbershop, or beauty bar shall be located within 1,000 feet of any existing nail salon, hair salon, beauty salon, barbershop, or beauty bar as defined herein. The distance between the businesses shall be measured from the nearest entrance of an existing business to the nearest entrance of the proposed new business along the route that a pedestrian would normally walk.
B. 
Parking of large trucks and nonprivate passenger automobiles prohibited.
[Added 7-9-2013 by Ord. No. 5271]
(1) 
The parking, including stopping or standing, of motor vehicles in the Special Improvement District shall be restricted to private passenger automobiles or trucks of a capacity not greater than 3/4 of a ton.
(2) 
Violations. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty not exceeding $2,000 or to imprisonment for a period not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]