[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 186.
[Adopted 11-5-1997 by Ord. No. 2221]
As used in this article, the following terms shall have the meanings indicated:
DISTRICT MANAGEMENT CORPORATION
Bergenfield Economic Special Improvement District, Inc. (also referred to as "management corporation"), an entity incorporated pursuant to Title 15A of the New Jersey statutes and designated by municipal ordinance to receive funds collected by a special assessment within the Special Improvement District, as authorized by this article and any amendatory supplementary ordinances.
SPECIAL IMPROVEMENT DISTRICT (sometimes also referred to as "District")
An area within the Borough of Bergenfield designated by this article as an area in which a special assessment on property within the district shall be imposed for the purpose of promoting the economic and general welfare of the district and the municipality.
The Mayor and Council find and declare:
A. 
That the area within the Borough of Bergenfield, as described by lot and block numbers and by street addresses as set forth in Schedule A[1] of this article, will benefit from being designated as a Special Improvement District;
[1]
Editor's Note: Schedule A, as amended 3-9-1999 by Ord. No. 2233, is on file in the Clerk's office.
B. 
That a district management corporation would provide administrative and other services to benefit the businesses, employees, residents and consumers in the Special Improvement District. These services shall be over and above the service already provided to the district by the Borough.
C. 
That a special assessment shall be imposed and collected by the Borough with regular property tax payment or payment in lieu of taxes or otherwise, and that all or a portion of these payments shall be transferred to the district management corporation to effectuate the purpose of this article and to exercise the powers given to it by this article;
D. 
That it is in the best interests of the municipality and the public to create a Special Improvement District and to designate a district management corporation;
E. 
That the business community should be encouraged to provide self-help and self-financing programs to meet local business needs goals and objectives.
A. 
There is hereby created and designated within the Borough of Bergenfield a Special Improvement District to be known as the Bergenfield Special Improvement District consisting of the properties designated and listed on Schedule A by tax lot and block number and street addresses. The Special Improvement District shall be subject to special assessments on all affected property within the district which assessment shall be imposed by the Borough of Bergenfield for the purpose of promoting the economic and general welfare of the district and the municipality.
B. 
All business properties within the Special Improvement District, including all private, nonresidential assessed properties, are deemed included in the assessing and taxing provisions of this article and are expressly subject to potential tax or assessment made for Special Improvement District purposes.
C. 
All properties within the Special Improvement District that are tax-exempt or are used exclusively for residential purposes, are deemed excluded from the assessing or taxing provisions of this article and are expressly exempt from any tax or assessment made for Special Improvement District purposes.
D. 
All included properties shall be assessed according to Schedule A. However, the total assessment shall not be increased during the first three years of assessment.
E. 
Moneys which are appropriated and collected on account of annual improvement costs, and costs of operating and maintaining a Special Improvement District, shall be credited to a special account. The Mayor and Council may incur the annual costs of improving, operating and maintaining a Special Improvement District, during any fiscal year, though not specifically provided for by line item or other category in an approved estimate for such fiscal year, if in its discretion it shall be deemed necessary to provide for such annual improvements or operation or maintenance prior to the succeeding fiscal years and so long as the total amount of the account as approved for that year is not exceeded by that expenditure. Any balances to the credit of the account and remaining unexpended at the end of the fiscal year shall be conserved and applied towards the financial requirements of the succeeding year.
F. 
The Mayor and Council shall pay over funds to the management corporation quarterly.
Any owner of property included within the Special Improvement District and subject to the assessing and taxing provisions of this article may appeal to the Tax Assessor of the Borough of Bergenfield requesting to be excluded from the district and from any assessment and taxing provisions of this article. This appeal is only as to whether or not a property should be included within the district under the standards set forth in § 69-3 of this article. It is not an appeal with regard any taxes. Appeals with regard to taxes should be taken in the usual manner to the Bergen County Board of Taxation or to the New Jersey Tax Court. This appeal seeking exclusion from the district and any assessment and taxing provisions of this article shall be in writing and specifically detail the factual basis for the appeal. The Assessor shall investigate the matter and conduct an informal hearing or conference within 30 days of receipt of the appeal. Within 10 days after the conclusion of the informal hearing or conference, the Assessor shall file a report and recommendation with the governing body. The governing body shall review the matter and act within 30 days upon receipt of the report and recommendation from the Assessor.
Annual operation and maintenance costs relating to services peculiar to the district as distinguished from services normally provided by the Borough will provide benefits primarily to the properties included within the district rather than to the Borough as an entity. These annual costs shall be assessed and taxed to the benefited properties pursuant to the provisions of this article and N.J.S.A. 40:56-85 et seq.
The nonprofit corporation, Bergenfield Economic Special Improvement District, Inc., is hereby designated as the district management corporation for the district. This corporation shall have no power of condemnation or eminent domain. It shall regularly file copies of the minutes of its meetings with the Borough Clerk as the minutes shall be conveniently available to the public for inspection.
The district management corporation, in addition to acting as an advisory board to the Mayor and Council, shall have all powers and responsibilities necessary to regulate and effectuate the purposes of this article and the district, including but not limited to:
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; these bylaws shall be submitted to the Mayor and Council for approval and may not thereafter be modified without the approval of the Mayor and Council. The corporation shall conduct regular meetings not less than quarterly and that the Board of Directors shall consist of 15 members.
The annual budget shall be presented by the district management corporation pursuant to N.J.S.A. 40:56-84 as follows:
A. 
The district management corporation shall submit a detailed annual budget for approval by resolution of the municipal governing body. The budget shall be submitted with a report which explains how the budget contributes to goals and objectives for the Special Improvement District.
B. 
The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the governing body. The procedure shall be as follows:
(1) 
Introduction and approval.
(2) 
Public advertising.
(3) 
Public hearing.
(4) 
Amendments and public hearings, if required.
(5) 
Adoption.
C. 
The budget shall be introduced in writing at a meeting of the governing body. Approval thereof shall constitute a first reading, which may be by title. Upon the 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.
D. 
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 10 days prior to the date fixed therefor in a newspaper published and circulating in the municipality, if there be one, and, if not, in a newspaper published in the county and circulating in the municipality.
E. 
No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein shall have been given an opportunity to present the objections. The hearing shall be held not less than 28 days after the approval of the budget. The public hearing shall be held at the time and place specified in the advertisement thereof, but may be adjourned from time to time until the hearing is closed.
F. 
Adoption by title; amendments.
(1) 
The budget, as advertised, shall be read at the public hearing, in full, or it may be read by its title, if:
(a) 
At least one week prior to the date of the hearing a complete copy of the approved budget, as advertised:
[1] 
Shall be posted in a public place where public notices are customarily posted in the principal municipal building of the municipality, but if there is no principal municipal building, then in that public place where notices are usually posted in the municipality; and
[2] 
Is made available to each person requesting the same, during that week and during the public hearing; and
(b) 
The governing body 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 Subsection F(1) have been met.
(2) 
After closing the hearing, the governing body may adopt the budget by title, without amendments, or may approve amendments, as provided in Subsection G of this section before adoption.
G. 
The governing body may amend the budget during or after the public hearing.
(1) 
No amendment by the governing body shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing thereon, if the amendment shall:
(a) 
Add a new item in an amount in excess of 1% of the total amount as stated in the approved budget; or
(b) 
Increase or decrease any item by more than 10%; or
(c) 
Increase the amount to be raised pursuant to Section 16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80) or Section 19 of this amendatory and supplementary act by more than 5%, unless the same is made pursuant to an emergency temporary appropriation only.
(2) 
Notice of hearing on an amendment shall be advertised at least three 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.
H. 
Final adoption shall be by resolution, adopted by a majority of the full membership of the governing body, and may be by title.
The district management corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Mayor and Council, and for that purpose the corporation shall employ a certified public accountant of New Jersey. The annual audit shall be completed and filed with the governing body within four 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 days of the filing of the audit with the Mayor and Council.
The district management corporation shall, within 30 days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Mayor and Clerk of the Borough.
Notwithstanding the creation of a Special Improvement District, the Borough of Bergenfield expressly retains all its powers and authority over the area designated as within the Special Improvement District. No improvements or modifications shall be made to any public property without the prior formal approval of the Borough governing body.
[Amended 8-17-2010 by Ord. No. 10-2432]
A. 
The Bergenfield Economic Special Improvement District, Inc. shall consist of a Board of Directors, who shall be appointed to serve as follows:
(1) 
Five district business property owners who shall serve staggered three-year terms;
(2) 
Five business owner operators who shall serve staggered three-year terms;
(3) 
One resident of the Borough of Bergenfield, appointed for a three-year term by the Mayor with the consent of the Council. Any mid-term vacancies will be filled by an appointment by the Mayor with the consent of the Council;
(4) 
One additional district business property owner or business owner operator, as determined by the Board of Directors, for a three-year term;
(5) 
The Mayor of the Borough of Bergenfield, or his or her designee;
(6) 
A Council member of the Borough of Bergenfield, appointed for a one-year term by the Mayor with the consent of the Council, and;
(7) 
The Bergenfield Borough Administrator
B. 
The Bergenfield Economic Special Improvement District, Inc. shall have the authority as set forth in N.J.S.A. 40:56-83.
[Adopted 5-25-1999 by Ord. No. 2238]
The purpose of this article 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 Bergenfield 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 (N.J.S.A. 40:56-71.1 et seq.).
There is hereby created and designated within the Municipality of Bergenfield, a Downtown Business Improvement Zone that shall be described as that area bound by the Special (Business) Improvement District previously established by the governing body of the Borough of Bergenfield on November 5, 1997 by Ordinance 2221 (Article I of this chapter).
Within 10 business days of the adoption of this article, the Municipal Clerk shall forward a copy of it to the Director of the Division of Local Government Services in the Department of Community Affairs.