[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 2-28-2001 by Ord. No. 01-1. Amendments noted where applicable.]
The purposes of this chapter are to:
A. 
Promote economic growth and employment within the central business district and nearby commercial areas.
B. 
Foster and encourage self-help programs to enhance the local business climate.
C. 
Create a self-financing special improvement district to assist in meeting local needs, goals and objectives.
D. 
Designate a district management corporation to assist in managing self-help programs and in carrying out local needs, goals and objectives.
The Mayor and Council hereby make the following findings:
A. 
East and West Pleasant Avenue and commercial areas along Maywood Avenue have become the center of commercial activity within Maywood and are the beast of the Central Business District.
B. 
Revitalization of Maywood's Central Business District is a primary goal of Maywood's Master Plan.
C. 
To carry out said goal, the Master Plan recommended and encouraged economic growth for a continuing source of employment, strengthening of the tax base through appropriate utilization of local resources, adequate off-street parking, promotion of a desirable visual environment, improving the overall image and appearance of the business district and the maintenance of the vitality of the Central Business District.
D. 
The Central Business District along Pleasant Avenue and Maywood Avenue has certain special needs requiring additional municipal services not otherwise provided throughout the municipality such as additional sanitation services, additional litter control measures, more frequent street cleaning and additional security measures.
E. 
In order to meet these special needs and create a viable, functional and attractive Central Business District, cooperative public and private participation in redevelopment, rehabilitation and beautification efforts is required.
F. 
The establishment and designation of a special improvement district will assist in meeting the aforesaid needs, goals and objectives and will be of a benefit to the areas of the Borough so designated as more fully set forth in § 201-3 hereof.
G. 
The designation of a district management corporation, as set forth in § 201-4 hereof, will provide administrative and other services to benefit the businesses, employees, residents and consumers in the special improvement district.
H. 
The imposition and collection of special assessments on properties within the special improvement district and/or annual licenses for businesses operating within the special improvement district will help defray the cost of providing improvements specially benefitting the district and needed additional municipal services not provided elsewhere throughout the Borough and will enable the district management corporation to carry out its functions and duties.
I. 
The creation of a special improvement district arid the designation of a district management corporation will promote economic growth and employment, foster and encourage self-help programs, enhance the local business climate and otherwise be in the best interests of the Borough of Maywood and the public.
There is hereby established and designated a special improvement district within the Borough of Maywood as more particularly described in Schedule A annexed hereto and made a part hereof.[1]
[1]
Editor's Note: Schedule A is on file in the Borough offices.
A. 
There is hereby established the Maywood Business Special Improvement District Management Corporation (hereinafter referred to as the "district management corporation"), which is hereby designated as the district management corporation to receive funds collected from special assessments and/or annual license fees and to assist in the management of the special improvement district designated herein.
B. 
The Management Board of the District Management Corporation shall consist of 15 members as follows:
[Amended 5-3-2007 by Ord. No. 10-07; 7-12-2007 by Ord. No. 16-07; 2-25-2020 by Ord. No. 1-20]
(1) 
The Mayor, or his/her designee.
(2) 
The members of the Borough Council.
(3) 
The Borough Administrator, or his/her designee.
(4) 
Five members selected from among the owners of businesses or commercial property within the Special Improvement District to be appointed by the Mayor with the advice and consent of the Borough Council, to serve for one-year terms expiring on the 31st day of December of the year of their appointment or until the appointment and qualification of their successors.
(5) 
Two residents of the Borough of Maywood, not otherwise eligible in categories (1) through (4), appointed by the Mayor with the advice and consent of the Borough Council, to serve for one-year terms expiring on the 31st day of December of the year of their appointment or until the appointment and qualification of their successors.
(6) 
All members shall be at least 18 years of age and citizens of the United States. A quorum of the Management Board shall consist of five members, provided that there shall be at least one member present from each of categories (2), (4) and (5). No action may be taken by the Management Board upon a vote of less than a majority of a quorum present. Members who are required to recuse themselves by reason of a conflict in interest or other disqualification shall not be counted toward a quorum.
C. 
Subject to the restrictions and conditions hereinafter contained, the district management corporation shall have the following powers in addition to such other powers as may be provided by law:
(1) 
To 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) 
To employ such persons as may be required, and fix and pay their compensation from funds available to the Corporation.
(3) 
To 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) 
To 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.
(5) 
To administer and manage its own funds and accounts and pay its own obligations, subject to the approval of and in accordance with procedures and rules and regulations established by the Mayor and Council.
(6) 
To 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 Mayor and Council.
(7) 
To fund the improvement or exterior appearance of properties in the District through grants or loans, subject to the approval of the Mayor and Council.
(8) 
To accept, purchase, rehabilitate, sell, lease or manage property in the District, subject to the approval of the Mayor and Council.
(9) 
To enforce the conditions of any loan, grant, sale or lease made by the Corporation.
(10) 
To provide security, sanitation and other services to the District, supplemental to those provided normally by the municipality.
(11) 
To 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 special improvement districts under Section 2 of P.L. 1972, c. 134 (N.J.S.A. 40:56-66), pursuant to pertinent regulations of the government body.
(12) 
To publicize the District and the businesses included within the District boundaries.
(13) 
To recruit new businesses to fill vacancies in, and to balance the business mix of the District.
(14) 
To organize special events in the District.
(15) 
To provide special parking arrangements for the District.
(16) 
To provide temporary decorative lighting in the District.
(17) 
To advise the Mayor and Council in connection with the acquisition and construction of improvements in the special improvement district, the making of a plan therefor and the operation and maintenance thereof and to meet and furnish recommendations or comment and requests of members of the public and of owners and occupants of property included within the special improvement district.
A. 
Notwithstanding the designation of the special improvement district or the district management corporation, the Borough of Maywood shall retain its powers and other rights and powers relating to municipally owned properties and to the streets or parts thereof included 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 any improvements or maintenance services within the special improvement district nor adopt any regulations pertaining to such district without the approval of the Mayor and Council.
D. 
The District Management Corporation shall comply with all applicable ordinances or regulations of the Borough of Maywood.
The Mayor and Council may, by separate ordinance or amendment hereto, provide that the costs of improvements and facilities within the special improvement district may be financed and specially assessed or taxed to the properties specially benefitted thereby within the special improvement district.
A. 
In lieu of, or in addition to, the special assessments provided in § 201-6 hereof, there is hereby required an annual license for businesses operating in properties within the special improvement district.
B. 
Effective 30 days following the effective date of this chapter, on January 1 of each year, and annually thereafter, no person shall operate any business within any premises located within the special improvement district without first having obtained a license therefor from the Borough Clerk.
C. 
An application for such license shall be filed with the Borough Clerk and shall identify the premises in which the business is to be operated, the square footage occupied by said business, the type of business, the name of the business and the name and address of the applicant.
D. 
Each license issued hereunder shall expire on December 31 of the year in which it is issued.
E. 
The annual license fee shall be:
[Amended 4-5-2007 by Ord. No. 8-07; 3-19-2009 by Ord. No. 6-09; 3-8-2016 by Ord. No. 5-16; 10-8-2019 by Ord. No. 20-19]
(1) 
A fee of $200 for those businesses with an aggregate square footage exceeding 3,000 feet.
(2) 
A fee of $150 for those businesses with an aggregate square footage of 1,500 to 2,999 square feet.
(3) 
A fee of $100 for those businesses with an aggregate square footage of less than 1,499 square feet.
(4) 
For the purpose of computing the annual license fee, the following definitions shall apply:
AGGREGATE FLOOR AREA
The sum of the gross horizontal areas of all the floors of a building or buildings, measured from the exterior faces of exterior walls or the vertical extension of unenclosed roofed areas, or from the center line of walls common to two buildings, excluding cellars, attics and off- street parking facilities.
ATTIC
A portion of a building in which less than 25% of the space between the finished floor and the ceiling level has a clear height of seven feet four inches or more.
BUILDING
A structure having a roof used or designed to be used for the occupancy of persons or the storage or display of property of any kind.
BUSINESS
The occupancy, lease, offering for lease, holding for investment purposes or ownership of any building upon properties located within the special improvement district except for premises used exclusively for residential uses, churches, municipal facilities and premises operated by nonprofit corporations or associations exclusively for charitable purposes.
CELLAR/BASEMENT
A portion of a building, the floor level of which is below grade at any point on the periphery of the building having 1/3 or more of its exterior wall area measured from floor to ceiling below the final grade. A cellar/basement shall not be considered a "story." If a garage is located at the level of a cellar/basement, it shall be considered to be a part thereof.
F. 
All fees collected hereunder shall be paid into a special account and shall be used to assist in defraying administrative costs for the issuance of such license, additional costs incurred by the Borough for the providing of additional municipal services not otherwise provided by the Borough outside of the special improvement district and other annual improvement costs and costs of operating and maintaining the special improvement district. Said special account shall be managed under the control of the Borough of Maywood.
G. 
Residential uses, churches, municipal facilities and premises operated by nonprofit corporations or associations exclusively for charitable purposes shall be exempt from the payment of the annual license fee.
H. 
Any person operating any business within any premises located within the special improvement district in violation of the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
A. 
The district management corporation shall, on or before a date 90 days following the effective date of this chapter, report to the Mayor and Council an estimate of the cost of operating and maintaining and annually improving the special improvement district for the current fiscal year.
B. 
In addition to the foregoing, the district management corporation shall submit a detailed annual budget on or before October 1 and annually thereafter for the review and approval of the Council for the next fiscal year. The budget shall be submitted with a report which explains how the budget contributes to the goals and objectives for the special improvement district.
C. 
The annual report and budget shall be reviewed, amended or approved by the Mayor and Council in accordance with N.J.S.A. 40:58-84 or as otherwise provided by law.
D. 
Annual costs with respect to the special improvement district, as approved in the report and budget, may be specially assessed or taxed to benefitted properties or businesses within the special improvement district as provided by law, and/or collected as annual license fees.
E. 
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.
F. 
The district management corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the governing body of the municipality 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 governing body of the municipality.
G. 
The fiscal year shall commence on January 1 of each year and end on December 31 of such year.
A. 
The Borough of Maywood may, by resolution of the Mayor and Council, delegate to the District Management Corporation the contracting of work to be done on any street or streets, or on other Borough-owned property, included within the special improvement district.
B. 
The district management corporation, with respect to all such work, shall be a "contracting unit" within the meaning of the Local Public Contracts Law and shall comply with all provisions thereof.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
C. 
The plans and specifications for the work to be contacted shall be approved by the Mayor and Council prior to initiation of any action for the awarding of a contact hereunder.
A. 
Nothing contained herein shall prevent the Mayor and Council, at any time subsequent to the adoption of this chapter, 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, regulations or limitations adopted for the operation of the special improvement dstrict or rescinding the designation of or redesignating a district management corporation.
B. 
Nothing contained herein shall preclude or prohibit the Borough of Maywood from including the special improvement district within the bounds of any area, district or zone established pursuant to law, which has as one of its purposes the encouragement of the construction of improvements or the rehabilitation or properties located within these bounds, or the inducement of private enterprise to locate within those bounds.
Persons operating outdoor restaurants, conducting sidewalk sales or engaging in hawking, peddling or vending of any foods, beverages, confections, goods, ware, merchandise or commodities of any nature or description on the streets, sidewalks, parks and public rights-of-way within the Borough of Maywood's special improvement district shall conform to rules and regulations formally adopted by the Council, in accordance with the standards enunciated in N.J.S.A. 40:56-65 et seq.
[Added 9-10-2019 by Ord. No. 17-19]
A. 
The owner of any vacant commercial structure that contains a storefront, display window, and/or any area intended to exhibit or display merchandise or conduct advertising, shall keep the property internally illuminated during the hours of 9:00 a.m. to 8:30 p.m. so as not to appear vacant and shall place some visual medium, such as art work, or some form of decorative display, which will not, by its appearance, create a blighting effect on the immediate neighborhood. Such art/display shall not be of a nature that would be offensive to the public. The following methods of obstructing windows and/or storefronts are prohibited: the placement of newspaper or other types of newsprint on windows and/or storefronts; the painting, soaping or hazing of windows and/or storefronts; the boarding and/or placement of cardboard or other similar material in windows and/or storefronts. The aforementioned list is not intended to be exhaustive but rather illustrative as to those types of conditions which are specifically prohibited under this section.
B. 
The Mayor and Council of the Borough of Maywood may, by a selection method of their choosing, commission/choose such visual works of arts to be displayed by properties affected by this section.
C. 
Commercial property owners must erect a display/art pursuant to this section. Failure to erect the art/display as described herein shall be a violation subject to a fine of not less than $250 and shall not exceed $500. Each subsequent day the violation continues shall be considered a separate punishable offence.