TOWNSHIP OF CLARK
NOTICE OF INTENTION
NOTICE IS HEREBY GIVEN that the following ordinance was introduced and passed on first reading at a Regular Meeting of the Municipal Council of the Township of Clark, County of Union, State of New Jersey on Monday, May 16, 2016 and that said ordinance will be taken up for further consideration and final passage at a Regular Meeting at 315 Westfield Avenue, Clark, New Jersey on Monday, June 20, 2016 at 7:30 p.m. prevailing time, at which time and place all persons interested therein will be given an opportunity to be heard concerning the same.
AN ORDINANCE TO SUPPLEMENT CHAPTER 195 SECTION 131 ENTITLED “DOWNTOWN VILLAGE DISTRICT” OF THE CODE OF THE TOWNSHIP OF CLARK CREATING A SPECIAL IMPROVEMENT DISTRICT WITHIN THE TOWNSHIP OF CLARK, IN THE COUNTY OF UNION, NEW JERSEY AND ESTABLISHING A DISTRICT MANAGEMENT CORPORATION TO PROVIDE SERVICES WITHIN THE DISTRICT
WHEREAS the Mayor and Municipal Council regard the Downtown Village District (DTV) an integral and vital economic and social force in the Township of Clark; and
WHEREAS the Mayor set up a task force, subsequent to a meeting being held, inviting all the property owners within the “DTV” to discuss the future as to the economic viability of the area, and such task force decided upon developing a plan to enhance the Downtown Village District’s commercial viability and attractiveness; to help the “DTV” attract new businesses and residential development in the Downtown Village District; and
WHEREAS the Mayor and Council desires to implement conceptually an Improvement Plan and Design for the Downtown Village District; and
WHEREAS pursuant to N.J.S.A. 40:56-65 et. Seq., (the “ACT”), the Mayor and Council of the Township of Clark, (the Township) hereby determines that the area hereinafter designated as a Special Improvement District (the District) is in the best interest of the Township and its residents for promoting economic growth and employment within the District and the general welfare of the Township of Clark and for the purpose of improving municipal tax ratables’ for the properties located within the District; and
WHEREAS a District Director would provide administrative and other services to benefit businesses, employees, residents and consumers within the District; and
WHEREAS a special assessment shall be imposed and collected by the Township with the regular property tax payment or payment in lieu of taxes or otherwise, and as hereinafter or hereafter designated by the Mayor and Council of the Township of Clark all or a portion of those costs shall be transferred to the District to effectuate the purpose given to it by this ordinance and the Act; and
WHEREAS such special assessment shall fall within the range of three quarters of a tax point (.75) not to exceed one tax point (1.00). Should the District require additional funds, it will be necessary to amend this ordinance with the prior approval of the District Management Corporation and concurrence of the Mayor and Council; and
WHEREAS it is in the best interest of the Township and the general public to create the District hereinafter specifically outlined and designated and to establish a District Management Corporation.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Municipal Council of the Township of Clark:
Section 1. There is hereby created and designated within the Township of Clark the “Clark Special Improvement District” (the District) hereinafter designated by street address and tax lot and block number set forth in section 3 hereof. The “District” shall be subject to a special assessment on all property within the “District” which shall be imposed by the Township of Clark for the purpose of promoting the economic and general welfare of the “District” and the Municipality.
Section 2. It is the intention and purpose of this Ordinance to encourage and endeavor to have the exteriors of all structures in the “District” which are or become used, whether all or in part, for non-residential use, as defined in the Township of Clark Land Use and Development Regulations, as adopted and amended from time to time.
Section 3. All costs of development, construction and acquisition relating to providing public improvements for the “District” not borne by Federal, State, County or Local governments shall be financed and assessed to properties specially benefitted by such improvements. The properties specially benefitted by the creation of the “District” as described by lot and block number and street address as listed in Appendix A.
Section 4. It is hereby determined that the improvements in the “District” may involve annual costs, in addition to the initial cost of constructing and making improvements within the “District”. Such annual costs relate to the maintenance services peculiar to the “District”, and are distinguished from maintenance services normally provided by the Township outside of the “District” and will provide benefits primarily to the property included in the “District”, rather than to the Township as a whole. The improvements and the facilities thereof shall be maintained and operated pursuant to the provisions of this ordinance, and to N.J.S.A. 40:56-65 et.seq. and the costs thereof shall be assessed or taxed to the benefitted properties or businesses pursuant to this ordinance or to N.J.S.A. 40:56-80 (or N.J.S.A. 40:56-85). The properties to be assessed or taxed to provide the payment of such annual costs are described in Section 3, hereof.
Section 5. Concurrently with the submission of the Improvement Plan for the Special Improvement District, and annually thereafter, the Business Administrator of the Township of Clark, with the assistance of the Director of the District Management Corporation, shall report to the Mayor an estimate of the cost of operating, maintaining, and improving the district for the next fiscal year to be incurred under the Plan including an estimate of changes in the amount of said costs ,which would follow upon the adoption of any addition or amendment to the Plan recommended to or under consideration by the Township Council. Such estimate shall be reasonably itemized and shall include a summary of categories of cost, properly chargeable in accordance with N.J. S. A 40:56-80. The Business Administrator shall submit a detailed annual budget for approval by resolution of the Municipal Council
Section 6. There is hereby created the “Township of Clark District Management Corporation”, (the Corporation) which shall exercise the following powers:
- 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;
- Subject to Mayor’s approval, the Corporation may employ such persons, as may be required, to fix and pay their compensation from funds available to the Corporation;
- Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
- Subject to Mayor’s approval, Corporation may make and execute agreements which may be necessary or convenient to exercise the powers and functions of the Corporation, including contracts with any person, firm, corporation, governmental agency or other entity;
- Subject to approval of Mayor and Municipal Council approval, Corporation may request to borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or a longer period of time;
- Fund the improvement of the exterior appearance of properties in the “District” through grants or loans, subject to prior Administration approval;
- Fund the rehabilitation of properties in the “District” subject to prior Administration approval;
- Subject to prior Mayor and Municipal approval, the Corporation may accept, purchase, rehabilitate, sell, lease or manage property in the “District”;
- Enforce the conditions of any loan, grant, sale or lease made by the Corporation;
- Provide security, sanitation and other services to the “District” supplemental to those provided normally by the Township’’;
- Undertake improvements designed to increase safety or attractiveness of the “District” to businesses which may desire 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 pedestrian malls under section of P/L/1972, C.134, Section 2 (N.J.S.A. 40:56-66) pursuant to pertinent regulations of the governing body;
- Publicize the “District’ and the businesses included within the “District’ boundaries;
- Recruit new business to fill vacancies in, and to balance the business mix of, the “District”;
- Organize and coordinate special events in the “District” pursuant to pertinent regulations of the Mayor and Municipal Council;
- Provide special parking arrangements for the “District” subject to prior approval from the Administration;
A. the Corporation shall be governed by a Board of Trustees consisting of seven (7) members appointed by the Mayor and Municipal Council as follows:
- A member of the Municipal governing body, appointed by the Mayor;
- Two (2) residents of the Township of Clark, who are neither an owner or tenant of property in the “District”, nor conduct a business therein, nor is a stockholder, officer, employee or director of any business conducted in the “District”;
- Two (2) persons who are either owners of real estate located within the “District”, or officials of a corporation or entity owning real estate within the “District”;
- Two (2) persons who are either proprietors or employees of businesses conducted within the “District
B. the appointment of Members to the Board of Trustees shall initially be as follows:
(1) Two members for a one (1) year term; (2) Two Members for a two (2) year term; (3) two Members for a three-year term. Thereafter, appointments will be for a three-year term. Terms shall expire on December 31st.
C. Vacancies on the Board of Trustees are appointed by the Mayor and Municipal Council and will be filled for the expiration of the term.
D. the Member of the Municipal Council shall be appointed by the Mayor for a one-year term ending December 31st.
E. the Chairman of the Board of Trustees shall be appointed by the Mayor annually.
Section 8. If any provisions of this ordinance should be held invalid, or contrary to law, then such provision of the Ordinance shall be deemed separable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of the ordinance.
Section 9. This ordinance shall take effect upon adoption as required by the laws of the governing body.
Edith L. Merkel