40:56-68 - Findings necessary for adoption of ordinance - New Jersey Statutes

40:56-68.  Findings necessary for adoption of ordinance
    a.  A pedestrian mall ordinance may be adopted if the governing body of any  municipality finds:  (1) a street or part thereof is not a part of any State  highway, is located primarily in a business district, is improved to its  maximum feasible width with regard to adjoining buildings and improvements, (2)  reasonably convenient alternate routes to other parts of the municipality and  State exist for private vehicles, (3) continued unlimited use of the street or  part thereof by private vehicles may constitute a hazard to the health and  safety of pedestrians, (4) abutting properties can reasonably and adequately be  provided with emergency vehicular services and receive and deliver merchandise  and materials from other streets and alleys or by provisions for limited use of  the streets by emergency vehicles and carriers of such merchandise and  materials, and (5) it is in the best interests of the municipality and the  public and of benefit to adjacent properties to use such street primarily for  pedestrian purposes, and that pedestrian use is determined to be the highest  and best use of such street or part thereof.

    b.  A special improvement district ordinance may be adopted if the governing  body of a municipality finds:  (1) that an area within the municipality, as  described by lot and block numbers and by street addresses in the enabling  ordinance, would benefit from being designated as a special improvement  district;  (2) that a district management corporation would provide  administrative and other services to benefit the businesses, employees,  residents and consumers in the special improvement district; (3) that a  special assessment shall be imposed and collected by the municipality with the  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 purposes of this amendatory and  supplementary act and to exercise the powers given to it by municipal  ordinance;  and (4) 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; except that no district management corporation shall  be designated to receive any funds or to exercise any powers pursuant to the  provisions of this amendatory and supplementary act, unless the board of  directors of that corporation shall include at least one member of the  governing body of the municipality.

     L.1972, c. 134, s. 4, eff. Aug. 17, 1972.  Amended by L.1984, c. 151, s. 5, eff. Sept. 10, 1984.