[Added 10-15-2020 by Ord. No. 20-31]
Pursuant to the provisions of the Redevelopment Laws of the
State of New Jersey, the Borough hereby creates a body corporate and
politic to be known as the "Elmwood Park Redevelopment Agency". Such
Agency is and shall be an agency and instrumentality of the Borough
created by ordinance duly adopted by the Borough Council, and is a
"redevelopment agency" as contemplated and provided for by the Redevelopment
Law of the State of New Jersey and shall have and exercise all of
the powers and perform all of the duties provided for by said Redevelopment
Law and any other statutes heretofore or hereafter enacted and applicable
thereto.
[Added 10-15-2020 by Ord. No. 20-31]
Pursuant to the Redevelopment Laws of the State of New Jersey.
The Borough Council of the Borough of Elmwood Park is hereby designated
as the Redevelopment Agency for the Borough of Elmwood Park pursuant
to the Redevelopment Agencies Law, P.L. 1949, c. 306 (N.J.S.A. 40:55C-1
et seq.), as amended and supplemented.
[Added 10-15-2020 by Ord. No. 20-31]
a.Â
Specific power as are specifically granted to the Redevelopment Agency
pursuant to the Redevelopment Law, and as may otherwise be generally
allowed pursuant to other applicable New Jersey statutes, the Agency
shall also have the power to:
1.Â
Execute plans and projects, as provided by applicable law;
2.Â
Inquire into, survey, and publicize the extent, advantages and utility
of vacant land and other dormant and underutilized properties of the
Borough;
3.Â
Classify such land and properties according to its adaptability for
the establishment and development thereon of various types of economic
activities;
4.Â
Generally, engage in marketing activities to promote the Borough
and its assets as a community, for the purpose of attracting desirable
redevelopment;
5.Â
Study and analyze business trends, requirements, and developments
to ascertain the opportunities for "smart growth" and economic expansion
in the Borough;
6.Â
Advertise the business advantages and opportunities and the availability
of suitable sites and facilities in the Borough and otherwise initiate
and pursue appropriate efforts to encourage and accomplish economic
development within the Borough;
7.Â
Cooperate with other Borough departments, agencies, committees, and
local civic organizations to promote, encourage, and assist economic
development within the Borough;
8.Â
Arrange for the sale or lease of the Borough's vacant lands
to businesses whose location thereon is best calculated, in the judgment
of the Agency, to advance the interests of the Borough and of its
citizens, all in accordance with plans as approved by the Borough;
and
9.Â
Exercise such other powers as may be reasonably necessary and appropriate
to accomplish its purposes and goals in accordance with New Jersey
statutes and Borough ordinances.
[Added 10-15-2020 by Ord. No. 20-31]
a.Â
The Borough Council shall perform its legislative functions relating
to redevelopment in the Borough of Elmwood Park shall, in addition
to those powers set forth in N.J.S.A. 40:55C-12, include but not be
limited to the following:
1.Â
To transfer land owned or acquired in a designated redevelopment
area to any person or entity at its fair value as determined by Borough
Council, for the uses and in accordance with the purposes specified
in the redevelopment plan applicable to said area and pursuant to
law.
2.Â
To make, review, modify and approve contracts with and/or plans of
registered architects, licensed professional engineers and/or planners
for the implementation of any redevelopment plan or project.
3.Â
To make, review, modify and/or approve contracts with public agencies
or private enterprises or redevelopers and to provide, as part of
any such contract, for the extension of credit or making of loans
to redevelopers for the financing of any redevelopment work.
4.Â
To make, review, modify and/or approve contracts with private parties
or public agencies for the opening, grading, improvement or closing
of streets, roads, roadways, sidewalks, alleys or other places or
the acquisition by the Borough or other public agencies of property
rights or options, including contracts for the furnishing of property
or services in connection with the redevelopment plan.
5.Â
To make, review, modify and approve contracts with public agencies,
to the extent and within the scope of the agencies' functions
to cause the services customarily provided by said agencies to be
rendered for the benefit of the residents of the redevelopment area,
and to have such agencies provide and maintain related municipal facilities
adjacent to or in connection with the redevelopment area.
6.Â
To conduct examinations and investigations, including the powers
to hear testimony and take proof under oath at public or private hearing
of any material matter, require attendance of witnesses and the production
of books and papers, take affidavits and issue commissions for the
examination of witnesses who are out-of-state, unable to attend or
excused from attendance.
[Added 10-15-2020 by Ord. No. 20-31]
a.Â
Four Council members shall constitute a quorum for the purpose of
conducting business and exercising powers and all other purposes.
1.Â
Action may be taken by the upon the affirmative vote of the majority,
but not less than four of the Council members present, unless any
by-laws adopted by the Council shall require a larger or lesser number.
2.Â
The Mayor shall be the Chairman and the Council President shall be
vice-Chairman.
3.Â
The Council shall employ an executive director, who shall be its
secretary.
4.Â
The Council shall adopt such by-laws as it deems necessary and appropriate
for the conduct of business.
[Added 10-15-2020 by Ord. No. 20-31]
a.Â
The powers of the Mayor and the Council President in the performance
of his/her and executive functions relating to the redevelopment of
the Borough of Elmwood Park shall include, but not be limited to,
the following:
1.Â
To enforce the laws and ordinances applicable in the municipality
as they affect the redevelopment project.
2.Â
To report to the public on the status and progress of the redevelopment
project and on such applicable conditions and requirements of any
nature as may bear upon the continuing redevelopment activities of
the project.
3.Â
To make such recommendations for action by the Borough Council as
may be deemed to be in the public interest.
4.Â
To supervise all activities of the departments of the municipal government
as said activities bear upon the functions and activities of the redevelopment
project.
5.Â
To require each department of the municipal government to prepare
and submit reports with regard to those activities of any redevelopment
project.
6.Â
To exercise those powers afforded by law to attend meetings of the
Borough Council and take part in Borough Council conferences as such
meetings and conferences relate to the redevelopment project.
7.Â
To supervise the Redevelopment Officer in accordance with the Administrative
Code.
8.Â
To establish the redevelopment policy for the municipality.
9.Â
To supervise the selection of redevelopers in accordance with the
regulations established by the Borough Council and to recommend redevelopers
for approval by the Borough Council.
10.Â
To review contracts with redevelopers and contracts for professional
services and to refer said contracts to the Borough Council for approval.
11.Â
To undertake any and all additional activities necessary or proper
to carry out his/her powers and functions.
[Added 10-15-2020 by Ord. No. 20-31]
The Borough Council may, but shall not be required to, establish
an Office of Redevelopment. Such office shall be managed by a person
appointed by the Mayor and confirmed by the Borough Council. The Redevelopment
Manager shall be assisted by staff or consultants to the extent required.
The Redevelopment Manager may be an existing Borough employee who
is assigned the redevelopment responsibilities.
[Added 10-15-2020 by Ord. No. 20-31]
a.Â
Subject to applicable laws and ordinances, the Redevelopment Manager
shall exercise the following powers and duties under the supervision
of the Mayor and Council or:
1.Â
To be the executive officer in charge of redevelopment activities,
including the preparation and modification of the redevelopment plan
required by N.J.S.A. 40:55C-1 et seq.
2.Â
To have full charge and management of the Redevelopment Office and
of the employees and consultants in said office.
3.Â
To keep accurate records of books of account of all redevelopment
transactions.
4.Â
To prepare budget recommendations for the Redevelopment Office.
5.Â
To have full charge and management of the redevelopment properties
and equipment.
6.Â
To prepare and present to the Mayor short and long-range planning
recommendations for the improvement of redevelopment activities.
7.Â
To coordinate redevelopment activities with the work of other departments
and officers of the Borough of Elmwood Park.
8.Â
To keep the Mayor and Borough Council apprised of the redevelopment
activities of the municipality and to coordinate the activities of
redevelopment planners and consultants and to establish progress schedules
of redevelopment activity.
9.Â
To prepare written reports of all redevelopment activities of the
Borough of Elmwood Park undertaken with regard to any redevelopment
project during the relevant period. Said reports shall be reviewed
by the Mayor and shall be provided to the Borough Council on or before
the final day of each month. Said reports shall adequately summarize
and describe the redevelopment activities undertaken and shall include
a discussion of recommended future actions under consideration. The
reports shall also describe activities relating to present or future
tenants of the redevelopment area and activities undertaken with any
other authority, board or agency relating to the redevelopment project.
[Added 10-15-2020 by Ord. No. 20-31]
No member or employee of the Redevelopment Agency shall acquire
any interest, direct or indirect, in a redevelopment project or in
any property included or planned to be included in a project, nor
shall he have any interest, direct or indirect, in any contract or
proposed contract for materials and services to be furnished or used
in connection with a project. If any member or employee of the Agency
owns or controls an interest, direct or indirect, in any property
included or planned to be included in a project, he or she shall immediately
disclose the same in writing to the Agency and the disclosure shall
be entered upon the minutes of the Agency. Failure so to disclose
such an interest shall constitute misconduct in office. A member or
employee required by this section to make a disclosure shall not participate
in any action by the Agency affecting the property with respect to
which disclosure is required.
[Added 10-15-2020 by Ord. No. 20-31]
For inefficiency or neglect of duty or misconduct office a member
of the agency may be removed by the Council; but may only be removed
after he or she has been given a copy of the charges at least 10 days
prior to the hearing thereon and has had the opportunity to be heard
in person or by counsel. In the event of a removal of a member, a
record of the proceedings, together with the charges and findings
thereon, shall be filed in the office of the Borough Clerk.
