[MC 2017-39, December 11, 2017;[1] amended 5-14-2018 by Ord. No. MC 2018-15]
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2004-11, 2005-20, 2006-18, 2009-29, 2015-31.
As used in this article, the following terms shall have the meanings indicated:
CENTRAL BUSINESS SPECIAL IMPROVEMENT DISTRICT (sometimes also referred to as the DISTRICT, SID or SPECIAL IMPROVEMENT DISTRICT)
An area within the City of Plainfield designated by this article as an area in which a special assessment on property within the district shall be imposed for the purposes of promoting the economic and general welfare of the district and the City.
CENTRAL BUSINESS DISTRICT MANAGEMENT CORPORATION (also referred to as DISTRICT MANAGEMENT CORPORATION or CBDMC)
The seven members appointed by the Mayor with advice and consent of the City Council.
Pursuant to N.J.S.A. 40:56-65 et seq. ("the Act"), the City Council of the City of Plainfield hereby determines the following:
(a) 
That areas within the City of Plainfield, and the property owners, tenants and inhabitants therein, benefit from being designated as a special improvement district and will benefit the whole of the City of Plainfield, with the exception of the following properties that will not be assessed members of the special improvement district:
(1) 
Any property owned and operated by the municipal, county and state governments; and
(2) 
100% of residential structures four units or under;
(b) 
That a Central Business District Management Corporation would provide administrative and other services to benefit the businesses, employees, residents, and consumers in the City of Plainfield Central Business Improvement District and will also assist the City of Plainfield in promoting economic growth and employment;
(c) 
That a special assessment may be imposed and collected by the City of Plainfield either with the regular property tax payment (or payment in lieu of taxes) or otherwise on properties located within the City's limits designated in § 3:37-3 below and that 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 pursuant to this article;
(d) 
That it is in the best interests of the City of Plainfield and its residents to create a special improvement district and to designate members to the District Management Corporation in the special improvement district; and
(e) 
That the business community should be encouraged to provide self-help and self-financing programs to meet local needs, goals and objectives and should be encouraged to supplement any of the authorized services and improvements through the District Management Corporation.
(a) 
The Central Business Special Improvement District shall consist of commercial and industrial properties generally located within the boundaries of the Central Business District (CBD), from Front Street to the Green Brook to the north, Central Avenue to the west, Richmond Street to the east, and Seventh Street to the south.
(b) 
In addition, the SID shall include the commercial and industrial properties located along Front Street on Washington Avenue to the west, and along the South Avenue commercial corridor between Richmond Street to the east and Terrill Road to the east.
(c) 
Only those properties within the SID that are fully tax-exempt or used exclusively for residential purposes shall be excluded from the assessing provisions of this article and are expressly exempt from any fee, tax or assessment made for SID purposes. In the event any tax-exempt or other entity makes a payment in lieu of taxes, said entity shall be subject to the imposition of the special assessment. This section may be amended by ordinance to expand or restrict the area included in the SID.
All costs of improvements and maintenance, other than the costs of improvements and maintenance ordinarily incurred by the City of Plainfield out of general funds, shall be determined and approved pursuant to N.J.S.A. 40:56-65 as determined by the District Management Corporation. The formula for the assessment is as follows: Each property's current assessed value, as determined by the City of Plainfield Tax Assessor for real estate tax purposes, will be multiplied by the appropriate factored amount to sustain the approved annual budget to determine the amount of the special improvement district assessment. The foregoing assessment shall be collected as a special assessment against properties that are within the district as defined in § 3:37-2 above, and in additional schedules as delineated by the budget resolution, which may assign all or any part of the budget, including no part of the budget, to any schedule.
(a) 
A corporation shall be formed and named the "Central Business District Management Corporation." There shall be seven members nominated by the Mayor with advice and consent of the City Council. The regular term of office for the members of the District Management Corporation shall be for three years. However, two members shall have an initial term of three years; two members shall have an initial term of two years; and one member shall have an initial term of one year. Each member shall hold office until a successor is appointed and confirmed. Terms shall commence on January 1. Any and all existing district management corporations in the City of Plainfield shall cease to function.
(b) 
The District Management Corporation shall also have all powers necessary and requisite to effectuate the purposes of this article, including, but not limited to:
(1) 
Adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe rules, regulations and policies for the performance of its functions and duties;
(2) 
Employ such persons as may be required and fix and pay their compensation from funds available to the corporation;
(3) 
Apply for, accept, administer and comply with 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 or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, government agency or 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 government entities for that or longer periods;
(7) 
Fund the improvement of the exterior appearance of properties in the district through grants and loans;
(8) 
Fund rehabilitation of properties in the district;
(9) 
Accept, purchase, rehabilitate, sell, lease, or manage property in the district;
(10) 
Enforce the conditions of any loan, grant, sale or lease made by the corporation;
(11) 
Review and recommend security, sanitation, and other services in the district supplemental to those normally supplied by the City of Plainfield;
(12) 
Undertake improvements designed to increase safety or attractiveness of the district to businesses which may locate there or visitors to the district, including, but not limited to, parking, litter cleanup and control, landscaping, signage, and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-65 et seq., pursuant to pertinent regulations of the City Council;
(13) 
Publicize, promote, and plan for the district and 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) 
Design and enforce environmental and building design criteria under N.J.S.A. 40:56-65 et seq., as amended;
(18) 
Regulate vending;
(19) 
Provide temporary decorative lighting in the district; and
(20) 
Effectuate the purposes and intents of N.J.S.A. 40:56-65 et seq., as amended.
(c) 
The District Management Corporation shall utilize affirmative action goals and guidelines in its hirings and expenditures whenever possible. Pursuant to N.J.A.C. 17:27-5.2, the District Management Corporation will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, or sex. The District Management Corporation will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment without regard to their race, creed, national original, ancestry, marital status or sex.
(d) 
Upon further written agreement, the City of Plainfield may delegate to the District Management Corporation the contracting work to be done on any street, or on other municipal property, included in the special improvement district. In that event, the corporation shall be a contracting unit within the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The plans and specifications shall be approved by the City Engineer prior to initiation of any action for the award of a contract under the Act.
(a) 
The fiscal year of the Central Business District Management Corporation shall be January 1 to December 31.
(b) 
The Central Business District Management Corporation shall submit a detailed annual budget for each year by October 31 preceding the upcoming fiscal year for approval by resolution of the City Council.
(c) 
The budget shall be submitted with a report which explains how the budget contributes to the goals and objectives for the SID.
(d) 
The budget shall be introduced, approved, amended and adopted by a resolution passed by not less than a majority of the full membership of the City Council. The budget adoption procedure shall be in the manner set forth in N.J.S.A. 50:56-84.
The District Management Corporation shall also cause an audit of its books, accounts and financial transactions to be made and filed with the City Council. This audit shall be completed and filed with the City Council within four months after the close of the calendar year. A certified duplicate copy of the audit shall be filed with the County of Union Tax Assessor and the Director of the Division of Local Government Services in the State of New Jersey Department of Community Affairs within five days of the filing of the audit with the City Council.
The District Management Corporation shall submit an annual report to the City Council pursuant to N.J.S.A. 40:56-80 within 60 days of the close of the calendar year. This report shall consist of a narrative covering the previous year's operations and detailed financial statements.
Notwithstanding the creation of the business improvement district, the City of Plainfield expressly retains all its powers and authority over the area designated as the Central Business District.
(a) 
Membership. The Central Business District Advisory Board shall consist of seven members who are either owners of properties within the special improvement district, owners/operators of businesses, located within the special improvement district, or owners of 100% residential property located within the special improvement district. These members shall be nominated by the Mayor with advice and consent of the Council.
(b) 
Terms. The regular term of office for Central Business District Advisory Board positions shall be for three years. However, two members shall have an initial term of three years; two members shall have an initial term of two years; and one member shall have an initial term of one year. Each member shall hold office until a successor is appointed and confirmed. Terms shall commence on January 1.
(c) 
Duties and responsibilities. The Central Business District Advisory Board shall have the ability to:
(1) 
Adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe rules, regulations and policies for the performance of its functions and duties.
(2) 
Advise the District Management Corporation on any matters related to the special improvement district, including, but not limited to, matters related to the powers granted to the District Management Corporation in § 3:37-5(b) above.
(3) 
Prepare and recommend the annual budget and business plan for review and approval by the District Management Corporation.
(4) 
Prepare and submit an annual report to the District Management Corporation. This report shall consist of a narrative covering the previous year's operations and detailed financial statements.
On or before December 31, 2019, a report shall be prepared by the Central Business District Advisory Board outlining progress made with respect to the special improvement district over the preceding two-year period. This report shall be forwarded for review by the City Council.