City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rahway as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Downtown Business Improvement Zone — See Ch. 27.
Redevelopment Agency — See Ch. 81.
Pay telephones in Special Improvement District — See Ch. 303, Art. I.
ATTACHMENTSAttachment 1 - Central Business District Map
[Adopted 9-13-1993 by Ord. No. A-40-93]
[1]
Editor's Note: The name of the district and title of this article was amended 12-8-2014 by O-42-14.
The purposes of this article are to:
A. 
Encourage the development of the district, known as "Rahway Center," as the civic, cultural and commercial center of the City of Rahway;
B. 
Allow the entire Rahway community to benefit from a stronger and healthier downtown;
C. 
Foster the building of a nonpartisan partnership and creation and implementation of an action-oriented, pragmatic work plan to achieve Rahway Center's and the City's revitalization; strengthen the economic, cultural, institutional, residential and commercial contributions of Rahway Center and other commercial areas of the City for the benefit of the residents and property owners of the City of Rahway; and preserve Rahway Center's and the City's historic past as a foundation for its future.
[Amended 12-8-2014 by Ord. No. O-42-14]
D. 
The expansion of the Rahway Special Improvement District to include additional properties and areas of the City is intended to encourage the development of the entire City, allowing the entire Rahway community to benefit from a stronger and healthier City.
[Added 12-8-2014 by Ord. No. O-42-14]
As used in this article, the following terms shall have the meanings indicated:
DISTRICT MANAGEMENT CORPORATION
The Rahway Arts and Business Partnership (also referred to as “management corporation”), an entity incorporated pursuant to Title 15A of the New Jersey Statutes and designated by this article to receive funds collected by a special assessment within the Special Improvement District, as authorized by this article and any amendatory or supplementary ordinances.
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17]
SPECIAL IMPROVEMENT DISTRICT (ALSO REFERRED TO AS "DISTRICT")
An area within the City of Rahway 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. 
The central business district of the City of Rahway has special needs and requires special services that can best be achieved through a private-public partnership implemented by a Special Improvement District and a District Management Corporation.
B. 
The creation of a Special Improvement District and a District Management Corporation will promote economic growth and implement and foster and encourage commercial development and improve the business climate and otherwise be in the best interest of the property owners in the district and in the overall municipality.
C. 
Schedule A is amended to include and exclude, as indicated herein, the properties referred to and included on the attached property list by block and lot as shown on the Official Tax Maps of the City of Rahway.[1] The properties indicated as being included are in addition to all other properties currently included in the Rahway Special Improvement District.
[Amended 12-8-2014 by Ord. No. O-42-14; 6-16-2015 by Ord. No. O-12-15]
[1]
Editor's Note: Schedule A, referred to herein, may be found on file in the office of the City Clerk attached to Ord. No. A-40-93. Said property list is also on file in the Clerk's office.
D. 
That a District Management Corporation would provide administrative, programming and other services to benefit the businesses, employees, residents and consumers in the Special Improvement District and that the management corporation would assist the City in promoting economic growth and development.
E. 
That a special assessment shall be imposed and collected by the City of Rahway with the regular property tax payment or payment in lieu of taxes or otherwise, and that all of these payments shall be transferred to the management corporation to effectuate the purposes of this article and to exercise the powers given to it by this article.
A. 
There is hereby created and designated within the City of Rahway a Special Improvement District to be known as the "Rahway Special Improvement District" consisting of the properties designated and listed on Schedule A by tax lot and block number and street addresses.[1] The Special Improvement District shall be subject to special assessments on all affected property within the district, which assessment shall be imposed by the City of Rahway for the purposes of promoting the economic and general welfare of the district and the municipality.
[Amended 12-8-2014 by Ord. No. O-42-14]
[1]
Editor's Note: The Central Business District Map is included as an attachment to this chapter.
B. 
All business properties within the Special Improvement District, including all, but not limited to all commercial, industrial and apartment 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 used for solely residential, noncommercial purposes are deemed excluded from the assessing or taxing provisions of article this and are expressly exempt from any tax or assessment made for Special Improvement District purposes.
D. 
The Official Map of the City of Rahway shall be amended to include properties referred to and included in Schedule A, as amended herein and as noted on the attached property list by block and lot as shown on the Official Tax maps of the City of Rahway, and such map shall be included at the end of this chapter.[2]
[Added 12-8-2014 by Ord. No. O-42-14; amended 6-16-2015 by Ord. No. O-12-15]
[2]
Editor's Note: Schedule A, referred to herein, may be found on file in the office of the City Clerk attached to Ord. No. A-40-93. Said property list is also on file in the Clerk's office.
A. 
The operation and maintenance of the district involves annual costs relating to services peculiar to the district that are distinguished from operation and maintenance services normally provided by the City outside of the district. Those annual costs shall be assessed or taxed to the benefited properties or businesses on an annual basis, pursuant to this article and N.J.S.A. 40:56-65 et seq., in an amount sufficient to fund the annual budget as defined in § 97-8. The properties assessed or taxed to provide for the payment of such annual costs are described in § 97-4 of this article.
[Amended 5-10-2004 by Ord. No. O-15-04[1]; 12-8-2014 by Ord. No. O-42-14]
[1]
Editor's Note: This ordinance provided for an effective date of 7-1-2004.
B. 
Each year, when the Mayor and Council shall have acted on the estimated costs and/or on the budget of the district, the Tax Assessor shall prepare an assessment roll setting forth separately the amounts to be specially assessed against the benefited and assessable properties in the district. Descriptions of such properties, and the names of the then current owners of such properties, so far as names are available, shall be included in each annual assessment roll. The assessment roll, when so prepared, shall be filed in the office of the Municipal Clerk and be there available for inspection. The Mayor and Council shall annually meet to consider objections to the amounts of such special assessments at least 10 days after a notice of hearing has been published once in the official newspaper and mailed to the named owners of all tracts, parcels and lots of property proposed to be assessed. The notice shall set forth the time and place of meeting, and set forth the purpose of such meeting, but may refer to the assessment roll for further particulars. When the Mayor and City Council shall have approved the amounts of the special assessments set forth therein, or as may be changed by it, the Municipal Clerk shall forthwith certify a copy of the assessment roll with supplements to the roll to the Union County Tax Board.
A. 
The nonprofit corporation, the Rahway Arts and Business Partnership, is hereby designated as the District Management Corporation of the district. This management corporation, in addition to acting as an advisory board to the Mayor and Council, shall have all powers necessary and requisite to effectuate the purposes of this article and the district, including, but not limited to:
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17]
(1) 
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;
(2) 
Employ such persons as may be required, and to fix and pay their compensation from funds available to the corporation;
(3) 
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
(4) 
Make and execute agreements which may be necessary and convenient to the exercise of the powers and functions of the corporation, including contracts with a person, firm, corporation, governmental agency or other entity;
(5) 
Administer and manage its own funds and accounts and pay its own obligations;
(6) 
Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods, subject to the approval of the City Council by resolution;
(7) 
Fund the improvement for the exterior appearance of properties in the district through grants or loans;
(8) 
Fund the rehabilitation of properties in the district;
(9) 
Accept, lease or manage property in the district subject to the approval of the City Council by resolution;
(10) 
Enforce the conditions of any loan, grant, sale or lease made by the corporations;
(11) 
Provide security, sanitation and other services to the district, supplemental to those provided normally by the municipality;
(12) 
Undertake improvements designated 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, pursuant to pertinent regulations of the City of Rahway;
(13) 
Publicize the district and the businesses included within the district boundaries;
(14) 
Recruit new businesses to fill vacancies in, and to balance the business mix of the district;
(15) 
Organize special events in the district;
(16) 
Provide special parking arrangements for the district;
(17) 
Provide temporary decorative lighting in the district; and
(18) 
Advise the Mayor and Council in connection with the acquisition and construction of improvements in the Special Improvement District, and making of a plan therefor and the operation and maintenance thereof, and to meet and furnish recommendations or comments of property included within the Special Improvement District.
(19) 
Develop activities and programs to encourage the long-term success of the art community in the Rahway Arts and Business Partnership.
(20) 
Increase community vitality by encouraging the area to be populated and supported by artists, businesses, sponsors and increased audiences and customers.
(21) 
Promote awareness of the value of the arts and to directly support arts programs that encourage the diversity of citizens and businesses and participation in the successful development of Rahway.
B. 
In order to receive any funds or exercise any of the powers granted herein, the Board of Trustees of the Rahway Arts and Business Partnership, shall include one member of the City Council as proposed by the Mayor and approved by the City Council. All members of the Board of Trustees shall serve without compensation.
[Amended 7-9-2007 by Ord. No. O-31-07; 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17]
C. 
The Rahway Arts and Business Partnership shall file with the City Clerk of the City of Rahway a certified copy of the adopted bylaws of the corporation. The Rahway Arts and Business Partnership shall have the right to amend these bylaws from time to time as its trustees so decide, provided that a certified copy of the adopted amendments shall be filed with the City Clerk.
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17]
D. 
All meetings of the Board of Trustees shall follow all provisions of the Open Public Meetings Act of the State of New Jersey. Said Board also shall provide time at every meeting for the public to be heard on items on the agenda before the final vote on said items and time to express concerns and ideas on other matters.
A. 
Notwithstanding the creation of a Special Improvement District, the City of Rahway expressly retains all its powers and authority over the area designated as within the Special Improvement District.
B. 
Nothing contained herein shall be interpreted or construed to be a vacation, in whole or in part, of any municipal street or part thereof.
C. 
The District Management Corporation shall not make or enter into any contracts for the improvement of any publicly owned or operated facility or property within the Special Improvement District, nor adopt any regulations relating to public property in such district.
D. 
The District Management Corporation shall comply with all applicable ordinances or regulations of the City of Rahway.
A. 
The fiscal year of the district shall be the same as the City of Rahway.
B. 
The District Management Corporation shall submit a detailed annual budget for the upcoming fiscal year by May 31 to the Mayor and Council.
C. 
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 reasonably itemized and shall include a summary of the categories of cost properly chargeable as follows:
(1) 
The amount of such costs to be charged against the general funds of the municipality, if any;
(2) 
The amount of costs to be charged and assessed against properties benefited in the district in proportion to benefits which shall be the aggregate of costs of annual improvements to be made in the district during the ensuing year;
(3) 
The amount of costs, if any, to be specially taxed against properties in the district.
D. 
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.
E. 
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 hearing upon the budget.
F. 
The budget shall be advertised after approval. The advertisement shall contain a copy of the budget and shall set forth the date, the time and place of the hearing. It shall be published at least 10 days prior to the date fixed therefor in the official newspaper of the City.
G. 
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 objections. The hearing shall be held not less than 28 days prior to the approval of the budget.
H. 
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.
I. 
The budget, as advertised, shall be read at the public hearing in full, or it may be read by its title, if:
(1) 
At least one week prior to the date of the hearing, a complete copy of the approved budget as advertised:
(a) 
Shall be posted in the City Hall Clerk's Office;
(b) 
Is made available to each person requesting the same during that week and during the public hearing; and
(2) 
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 I(1) have been met.
J. 
After closing the hearing, the governing body may adopt the budget by title, without amendments, or may approve amendments, as provided in this section, before adoption.
K. 
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.
L. 
Final adoption shall be by resolution, adopted by a majority of the full membership of the governing body, and may be by title.
A. 
Moneys appropriated and collected for the annual 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 the 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. The Mayor and Council may retain a portion of the collected special assessment proceeds to offset the direct costs incurred in the required assessment and budget processes. The Mayor and Council shall pay over funds to the management corporation quarterly on the first day of March, June, September and December of each year. The City shall not be obligated to pay over funds not received by the City.
B. 
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 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.
C. 
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 Council or the Clerk of the City.
Nothing contained herein shall prevent the Council at anytime subsequent to the adoption of this article by ordinance from abandoning the operation of the Special Improvement District, changing the extent of the Special Improvement District, supplementing or amending the description of the district to be specially assessed or taxed for annual costs of the Special Improvement District, changing or repealing any plan, rules, requisitions or limitations adopted for the operation of the Special Improvement District or rescinding the designation of or redesignating a District Management Corporation.
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17]
This Special Improvement District became operable upon the incorporation of the Rahway Center Management Corporation. The Rahway Center Management Corporation is no longer the District Management Corporation for the District. The Rahway Arts and Business Partnership, a nonprofit corporation, is hereby designated as the management corporation.
[1]
Editor's Note: Former § 97-12, When effective; termination, was repealed 12-8-2014 by Ord. No. O-42-14.