[HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Dover 1-28-2020 by Ord. No. 02-2020. Amendments noted
where applicable.]
In this chapter, the following words and phrases shall have
the meanings stated in this section unless the context otherwise requires:
A form of redevelopment area financing involving a disbursement
of monies from the city's/Town's Affordable Housing Trust
Fund to a developer, given in order to ensure the inclusion of on-site
affordable housing at the developer's project, for the duration
of the tax exemption.
A worker who participates in a federal or state apprenticeship
program or, as an apprentice equivalent, participates in a DOL approved
training program, takes a construction apprenticeship test, and receives
benefits and pay not less than those received by an apprentice.
An apprenticeship program registered by the Bureau of Apprenticeship
and Training of the U.S. Department of Labor or an apprenticeship
equivalent program as that term is used by the State of New Jersey
in the Abbot Project Labor Agreement either approved and funded by
the New Jersey Department of Labor as of January 1, 2003.
A form of redevelopment area financing which provides monies
that can be used to revitalize neighborhoods, expand affordable housing
and economic opportunities, and/or improve community facilities.
An entity that is developing a project that has a total construction
cost that is equal to, or in excess of, $5,000,000, exclusive of any
land acquisition costs, and has received 1) a tax exemption pursuant
to N.J.S.A. 40A:20-1 et seq. (the Long-Term Tax Exemption Statute)
or a tax exemption pursuant to N.J.S.A. 40A:21-1, et seq., (the Five-Year
Tax Exemption Statute) and 2) is a recipient of some form of redevelopment
area financing (RAF) such as, but not limited to, a redevelopment
area bond ("RAB") pursuant to N.J.S.A. 40A:12A-64, et seq. or any
other form of municipal financing/funding such as an Affordable Housing
Trust Fund grant, a community development block Grant (CDBG), a direct
payment to the developer by the Town of Dover in the form of rent,
or 3) if the entity is the recipient of a construction contract awarded
by the Town of Dover for a public construction project or is engaged
in construction subject to the New Jersey Prevailing Wage Act, N.J.S.A.
34:11-56.25 et seq.
The certificate that is issued by the Construction Official
of the Town of Dover from upon completion of the project indicting
that the structure is ready for occupancy.
A skilled worker who is a member of a labor organization
and who has successfully completed an official apprenticeship qualification
in a building trade or craft.
An organization which represents, for purposes of collective
bargaining, employees involved in the performance of public construction
projects or RAF projects, that has the present ability to refer, provide
or represent sufficient numbers of qualified employees to perform
the contracted work and has an apprenticeship program.
The number of hours worked multiplied by the number of employees
performing such work.
The determination by the Town of Dover, in whole or in part,
is ready for the use intended, which ordinarily shall mean the date
on which the project receives its final certificate of occupancy.
A contract between a labor organization and a developer for
construction jobs that contains at a minimum the requirements set
forth in this chapter.
Any construction contract entered into by the Town of Dover
public funds or a project subject to the New Jersey Prevailing Wage
Act, N.J.S.A. 34:11-56.25 et seq., the total cost of which is equal
to or exceeds $5,000,000, exclusive of any land acquisition costs.
A form of redevelopment area financing whereby the Town of
Dover sells bonds pursuant to N.J.S.A. 40A:12A-64, et seq. (the "RAB
Law") in order to fund infrastructure improvements and other project
costs.
A project that has a Total Construction Cost that is equal
to or exceeds $5,000,000, exclusive of any land acquisition costs,
which and receives 1) a tax exemption pursuant to N.J.S.A. 40A:20-1
et seq. or N.J.S.A. 40A:21-1, et seq., and 2) receives some form of
redevelopment area financing such as an Affordable Housing Trust Fund
grant, a community block development grant, or a redevelopment area
bond.
Any person who currently lives in the Town of Dover and who
has lived in the Town of Dover for the previous 12 months.
Any construction project that is not completed but is near
completion by virtue of the project receiving a temporary certificate
of occupancy from the Construction Official of the Town of Dover.
A certificate that is issued by the Construction Official
of the Town of Dover when a project has been substantially completed
provided that such portion or portions may be occupied safely prior
to full completion of the building or structure without endangering
health or safety.
All costs, including infrastructure, excluding only land
acquisition costs, incurred to construct a project through the date
of completion, that is, the date the final certificate of occupancy
is issued. Total construction cost shall generally be determined in
accordance with the industry standard of Marshall and Swift valuation
and including the cost of piling and soil compaction. Total construction
cost must include any construction cost constituting as an element
of total project cost under N.J.S.A. 40A:20-3(h)(4).
The Mayor, the Board of Alderman, the Town Attorney, and/or
the Business Administrator of the Town of Dover, or any of their designees.
A.
All redevelopment area financing (RAF) projects as defined herein
and all requests for proposals, specifications and final contracts
for public works as define herein, which exceed $5,000,000, exclusive
of any land acquisition costs, shall require the execution of a project
labor agreement that complies with the requirements of this chapter.
The Business Administrator may, having taken into consideration the
nature, size and complexity of the project, determine that a project
labor agreement (PLA) is not required. In all cases where a project
labor agreement is utilized, it must advance the interests of the
Town of Dover, including cost, efficiency, quality, time lines, and
need for a skilled labor force and safety.
B.
All project labor agreements shall contain the following terms:
(1)
A guarantee that there will be no strikes, lock-outs, or other similar
actions;
(2)
Procedures to insure the effective, immediate, and mutually binding
resolutions of jurisdictional and labor disputes arising before the
completion of the work;
(3)
A provision to bind all contractors and subcontractors on the project
in all relevant documents;
(4)
Evidence that each contractor and subcontractor working on the project
has a local federally registered apprenticeship program;
(5)
Conformity with all statutes, regulations and Town of Dover ordinances
regarding the implementation of the Town of Dover's goals for
women- and minority-owned businesses;
(6)
A requirement that contractors make a good faith effort that 25%
of the labor hours required shall be performed by residents of the
Town of Dover, who are apprentices and graduates of federally registered
apprenticeship programs. However, if it can be demonstrated that fulfilling
this requirement is not possible because there are not enough apprentices
or graduates of federally registered apprenticeship programs available,
the required percentage of apprentices will be decreased accordingly.
(7)
An appendix providing a wage and benefit schedule for residential
construction projects of four stories or under.
(8)
A requirement that developers and labor organizations complete the
following "pre-construction actions:"
(a)
Pre-construction meeting. Not less than 90 days prior to the
commencement of construction, the developer will meet with the Business
Administrator and the labor organization to present workforce needs,
which will include the job description of the positions to be filled
and the duration of the project. In addition, the developer will provide
the construction schedule. The labor organization will present the
developer and the Town of Dover with the names, addresses and trades
of eligible apprentices who are available to work on the project.
(b)
Advertisement. Not less than 75 days' prior to the commencement
of construction, the labor organization will advertise in both English
and Spanish languages in four newspapers, including two Spanish-based
newspapers, regularly published and distributed in the Town of Dover,
and outreach via other media, such as cable television, the web, and/or
radio. The bilingual advertisement will solicit apprenticeship applications
for the labor organization's apprenticeship program, describe
the basic requirements for admission, describe the job training and
set forth the range of salaries.
(c)
Job fairs. Developer and the labor organization will jointly
participate in at least two job fairs to be held at a location to
be provided by the Town of Dover in order to explain in both English
and Spanish the apprenticeship programs and solicit applications from
attendees. Each participating developer shall pay a pro rata share
of the costs of each job fair. The first job fair shall be held at
least 50 days' prior to commencement of construction.
Any residential project which shall maintain more than 50% of
the entire project's gross square footage as affordable housing
shall be exempt from the requirement of a project labor agreement.
The developer/redeveloper shall submit the following reports
to the Office of the Town Administrator on the 15th day of each month
for the previous month in a format provided by the Office of the Town
Administrator, for each year of construction until project completion:
A.
Manning report. This report which is provided by the developer's
general contractor must accurately reflect 1) the total work hours
in each construction trade or craft and 2) the number of hours worked
by residents and apprentices in each trade or craft, and 3) will list
separately the work hours performed by such employees of the general
contractor whom are actually performing work on the site and each
of its subcontractors during the previous quarter.
B.
Other reports. The developer/redeveloper shall furnish to the Town
of Dover and/or the Office of the Town Administrator any and all reports
or other documents to the Town of Dover as the Town of Dover may reasonably
request from time to time in order to carry out the purposes of this
chapter.
C.
Records. Records to support the work hours stated in the above reports
must be maintained for a period of three years after project completion.
All records shall be made available to the Town of Dover upon 10 days'
prior written notice.
D.
Site access. Representatives of the Town of Dover shall be permitted
to have appropriate access to all work sites in order to monitor compliance.
A.
In the event that either the developer and/or the labor organization
should violate this chapter, the Town of Dover may seek any and all
remedies available to it at law or equity. Such remedies include,
but are not limited to, compelling the developer and/or the labor
organization to complete a remedial employment action plan, pay liquidated
damages or the Town of Dover may elect to terminate the RAF and/or
the tax exemption.
B.
If an applicant makes false statements, fails to report information, or falsely certifies whether it has been found guilty or liable of wage theft in accordance with § 148-4 herein, the Town of Dover may seek revocation of any previously issued license or deny the application for a license or renewal.
If any provision of this chapter or application thereof to any
person or circumstance is judged unconstitutional or otherwise invalid,
the invalidity shall not affect other provisions or applications of
this chapter that can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are
declared severable.
All ordinances and provisions thereof inconsistent or conflicting
with the provisions of this chapter shall be repealed to the extent
of such conflict or inconsistency.
This chapter shall take effect 10 days after enactment.
