[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:
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.
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:
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
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.
