[HISTORY: Adopted by the Township Committee of the Township of Hamilton 6-16-1952 by Ord. No. 147. Amendments noted where applicable.]
Land use and development — See Ch. 203.
Pursuant to the provisions of N.J.S.A. 40:55B-3 et seq., an Industrial Commission, to be known as the "Industrial Commission of the Township of Hamilton, in the County of Atlantic, New Jersey," be and the same is hereby created.
The Commission shall consist of seven members and shall be a body corporate, having the powers hereinafter enumerated.
The members of the Commission shall be appointed by the governing body of the Township of Hamilton, in the County of Atlantic, New Jersey. Each member shall be, for the last five years preceding his appointment, a citizen of the United States and a qualified voter of the State of New Jersey. One member shall be appointed for one year, one member for two years, one member for three years, two members for four years and two members for five years. At the expiration of each of the above terms, the new member or members shall be appointed for a term of five years. Vacancies in the membership of said Commission, occurring for whatever cause, shall be promptly filled by appointment by the Chairman of the Township Committee for the unexpired term thereof. Members shall serve for their respective terms and until their successors are appointed and qualify.
[Amended 5-21-2007 by Ord. No. 1592-2007]
Each member shall be chosen with a special view to his qualifications and fitness for service on the Commission. He shall have had experience in industry or commerce and shall be conversant with the industrial needs and facilities of the Township of Hamilton, in the County of Atlantic, New Jersey, and shall be of known devotion to public service.
There shall be appointed upon said Commission, unless local conditions shall otherwise require, at least one thoroughly competent representative of mill owners and operators of mill properties, a representative of labor, a representative of the clearing house or banks of the township, a representative of the service clubs of the township, a representative of the legal profession and a representative of a recognized real estate dealer's association.
No member, officer or employee of the Commission shall be interested directly or indirectly in any contracts for work or materials used by the Commission; or in any sale, leases or agreements in connection with lands, buildings or other property owned or controlled by it; or in any fees or compensation of any kind paid to any broker, architect, engineer, merchant or other person doing business with the Commission; or in any other transaction of or with the Commission, or the benefits or profits thereof.
Each member and officer of the Commission shall, before assuming office, take and subscribe an oath that he will faithfully and impartially discharge the duties of his office.
The members and officers of the Commission shall serve without compensation, but each shall receive his actual disbursements for his expenses in performing his duties.
The members of the Commission shall choose annually from among its members a Chairman or President and such other officers as it may deem necessary. The Chairman of the Township Committee shall be ex officio a member of the Commission.
A majority of the members shall constitute a quorum of the Commission.
The members and officers may be required to furnish bonds to the Commission, to secure the faithful discharge of their duties, in form, amount and with such surety as may from time to time be required by resolution of the Township Committee of the Township of Hamilton, in the County of Atlantic, New Jersey.
Insofar as may be practicable, the employees and assistants required by the Commission shall be recruited from the public officers and employees of the Township of Hamilton, in the County of Atlantic, New Jersey. The Township Counsel shall be the counsel to the Commission; the Township Engineer shall be the engineer of the Commission; and the several departments of the township government shall be available to the Commission for the purpose of the Commission's business. Township employees serving the Commission shall do so without compensation other than their regular compensation as employees of the township. The Commission shall, from time to time, make known to the Chairman of the Township Committee its wants in the nature of services by employees of the township, and the Chairman of the Township Committee shall designate which of the township employees, if any, shall render such services.
To the extent that the Commission shall deem it necessary to carry on its function, and to the extent that it shall consider the services of existing employees of the township insufficient for its purposes, it may employ such additional employees or services and at such compensation as may be approved by resolution of the Township Committee. Its requirements in this direction shall be submitted from time to time, in writing, to the Township Committee.
The civil service laws, rules and regulations of the state applicable to the Township of Hamilton, in the County of Atlantic, New Jersey, shall govern the appointment of employees of the Commission. Such laws, rules and regulations shall not be deemed to prevent the use of services of existing employees without extra compensation therefor, nor shall the use of such services operate to enlarge the civil service rights or the status of the township employee rendering the same.
The Commission shall have and maintain a suitable office where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such reasonable regulations as the Commission shall determine. If practicable, existing office facilities of the Township of Hamilton, in the County of Atlantic, shall be used without charge by the Commission, and the office and similar equipment of the township shall, wherever possible, be used by and be made available for the use of the Commission without charge.
To effectuate its purposes, the Commission hereby created shall have the following powers:
The Commission hereby created shall constitute the corporate instrumentality of the Township of Hamilton, in the County of Atlantic, for the following purposes:
To inquire into, survey and publicize the extent, advantages and utility of the vacant land of the township, whether municipally owned or otherwise.
To study and analyze the various industries of the nation and, to the extent it deems necessary for its purposes, the industries of other nations, with a view to ascertaining the opportunities for the industrial expansion of the township. In this connection the reports, records, statistics, compendia and similar documents of existing federal, state, county, municipal and other governmental and public agencies, as well as of responsible private institutions, boards, agencies and similar bodies interested in the compilation of the information relating to industry, shall be resorted to, wherever possible, in order to avoid original research and gathering of source material.
To advertise the industrial advantages and opportunities of the Township of Hamilton, in the County of Atlantic, and the availability of real estate within the township for industrial settlement, and to encourage and accomplish such industrial settlement within the township.
To solicit the several industries to purchase or lease the vacant lands and property of or in the township.
To accomplish the sale or lease of the township's vacant lands to industries whose settlement thereon is best calculated, in the judgment of the Commission, to advance the interests of the township and of its citizens and inhabitants.
To acquire title to vacant land owned by the township for the purpose of resale or lease to industries whose presence within the township will benefit, in the judgment of the Commission, its citizens and inhabitants.
The Commission shall make a study of the tax structure, with a view of reducing the tax burden of the township.
The Commission hereby created shall not have power of condemnation or eminent domain.
The Commission hereby created shall not have power to pledge the credit of the Township of Hamilton or of the State of New Jersey or to create any debt against or in any manner act as the agent of such municipality or of the State of New Jersey.
The Commission shall have power and authority to make an economic survey, analyzing the present potential possibilities of the township, with a view to ascertaining its industrial needs, determining its resources for efficient manufacture and exploring its possible sphere in the future development of the state and nation. In carrying out such a survey, the Commission shall study the needs of existing local industries so that means may be evolved to enable them to compete more successfully with competitors in other states and, more particularly, how they might successfully round out and enlarge the products manufactured within the township, with a view to diversifying local industry and stabilizing employment conditions. The Commission may make any investigation deemed necessary to enable it effectually to carry out the provisions of this chapter, and, for that purpose, the Commission may take and hear proofs and testimony and compel the attendance of witnesses and the production of books, papers, records and documents, including public records, and its authorized agents may enter upon any lands as in its judgment may be necessary for the purpose of making surveys and examinations to accomplish any purpose authorized by this chapter.
The Commission shall make an annual report to the Township of Hamilton, in the County of Atlantic, setting forth in detail its operations and transactions for the preceding 12 months.
Nothing in this chapter provided and no authority given to or exercised by the Commission hereby created shall impair or invalidate in any way any funded indebtedness of the Township of Hamilton, in the County of Atlantic, nor impair the provisions of law regulating the payment into sinking funds or revenues derived from township property or dedicating the revenues derived from any township property to a specific purpose.
The creation of the Commission shall not be deemed to limit in any manner the township's right to deal with its vacant lands or to sell or lease the same independently of said Commission as heretofore, but the powers conferred upon the Commission by this chapter shall be in addition to any rights or powers now possessed by the Township of Hamilton, in the County of Atlantic, with reference to its vacant lands or other properties, and which additional rights were conferred upon the township by the above-recited laws of the State of New Jersey by virtue of the adoption of this chapter creating the Commission.
No moneys appropriated by the Township Committee in its annual budget shall be used by the Commission for the construction of any building or to finance such construction. The Commission shall annually present to the chief financial officer of the township its budget for operations for the ensuing year, reflecting therein all unexpended balances on hand from previous appropriations received from the township, at the same time and in the same manner and form as is required by several departments of the township's government, and the budget so submitted shall be acted upon as in the case of the budgets of such several township departments, and, being so acted upon, shall be made a part of the township's budget. The Commission shall keep complete and accurate records of its accounts and separate accounts shall be kept for its normal functions. The Commission shall not exceed its budget, and moneys received from the Township of Hamilton, in the County of Atlantic, shall be expended only for the purposes for which they have been appropriated.
[Amended 4-7-1980 by Ord. No. 772-80]
[Added 5-21-2007 by Ord. No. 1592-2007]
Notice of any contract for the sale, lease, option to purchase or lease or other transfer of real property or any interest therein proposed by the Commission shall be submitted to the Mayor of the municipality, whereupon such proposed Commission action shall be subject to the Mayor's veto.
The Mayor shall exercise the veto power over this proposed action with a written veto to the Commission.
The Mayor shall have 10 days, Saturdays, Sundays and holidays excepted, after receiving notice of the action to exercise the veto power.
The Mayor's veto power shall be exercised in accordance with the following guidelines:
The action conforms to the Master Plan of the community;
The action is environmentally compatible with the community;
The action complies with the zoning of the industrial area; and
The project complies with the policies and procedures established by the governing body in cooperation with the Commission.
If a Mayoral veto is exercised during the specified time period, the action of the Commission shall be considered null and void. If no veto is exercised during the specified time period, the action of the Commission shall be considered valid.
The Mayor, upon receiving notice of the action, may, in writing, notify the Commission of the approval of the action before the expiration of the ten-day period.
[Added 5-21-2007 by Ord. No. 1592-2007]
The Commission may, as to any real property sold or leased by it, impose restrictions or conditions as to the use of the real property or the construction, demolition, repair, alteration or reconstruction of buildings or structures and the time of their commencement and completion. All restrictions and conditions shall be related to a lawful purpose and shall not be inconsistent with or impose a special or higher standard than any zoning or planning ordinance then in effect in the municipality or under the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).