Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middle 7-19-2004 by Ord. No. 1162-04. Amendments noted where applicable.]
GENERAL REFERENCES
Economic Development Council — See Ch. 15.
Environmental Commission — See Ch. 16.
Historic Preservation Commission — See Ch. 23.
Housing Authority — See Ch. 25.
Uniform construction codes — See Ch. 112.
Housing rehabilitation grants — See Ch. 163.
Housing standards — See Ch. 164.
Subdivision of land and site plan review — See Ch. 218.
Zoning — See Ch. 250.
Pursuant to the provisions of N.J.S.A. 40:55B-1 et seq., a local community development corporation, to be known as the "Community Development Corporation of the Township of Middle," a New Jersey not-for-profit corporation, is hereby created to consist of seven members, which said Corporation shall be a body corporate, having the powers hereinafter enumerated.
A. 
The members of the Corporation shall be appointed by the Mayor. 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 members 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 any level, occurring for whatever cause, shall be promptly filled by appointment by the Mayor for the unexpired term thereof. Members shall serve for their respective terms and until their successors are appointed and qualify.
B. 
Each member shall be chosen with a special view to his qualifications and fitness for service to the Corporation. He or she shall have had experience in community and economic development or commerce and shall be conversant with the commercial needs and facilities of the Township of Middle and shall be of known devotion to public service.
C. 
There shall be appointed upon said Corporation, unless local conditions shall otherwise require, at least one thoroughly competent representative of retail/hospitality owners and operators; a representative of labor; a representative of the clearing house or banks of said municipality; a representative of the Chamber of Commerce; a representative of the service clubs of such municipality; a representative of the legal profession; and a representative of a recognized real estate dealer's association.
D. 
No member, officer or employee of the Corporation shall be interested directly or indirectly in any contracts for work or materials used by the Corporation, or in any sales, 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 Corporation or in any other transaction of or with the Corporation, or the benefits or profits thereof.
E. 
Each member and officer of the Corporation shall, before assuming office, take and subscribe an oath that he will faithfully and impartially discharge the duties of his office.
F. 
The members and officers of the Corporation shall serve without compensation, but each shall receive his actual disbursements for his expenses in performing his duties.
A. 
The members of the Corporation shall choose annually from among its members a chairman or president and such other officers as it may deem necessary. The Mayor of the Township of Middle shall be an ex officio member thereof.
B. 
A majority of the members shall constitute a quorum of the board.
C. 
At the discretion of the Township Committee, the members and officers may be required to furnish bonds to the Corporation, 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 governing body of the Township of Middle.
A. 
Insofar as may be practicable, the employees and assistants required by the Corporation shall be recruited from the public officers and employees of the Township of Middle. The Municipal Counsel shall be the counsel to the Corporation; the Municipal Engineer shall be the engineer of the Corporation; and the several departments of the municipal government shall be available to the Corporation for the purposes of the Corporation's business. Municipal employees serving the Corporation shall do so without compensation other than their regular compensation as employees of the Township of Middle. The Corporation shall, from time to time, make known to the Mayor its wants in the nature of services by employees of the Township, and the Mayor shall designate which of the Township's employees, if any, shall render such services.
B. 
To the extent that the Corporation 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 governing body of the Township of Middle. Its requirements in this direction shall be submitted from time to time in writing to such governing body.
C. 
The civil service laws, rules and regulations of the state, applicable to the Township of Middle, shall govern the appointment of employees of the Corporation. 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 municipal employee rendering the same.
D. 
The Corporation 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 Corporation shall determine. If practicable, existing office facilities of the Township served by the Corporation shall be used without charge by the Township, and the office and similar equipment of the Township shall, wherever possible, be used by and be made available for the use of the Corporation, without charge.
To effectuate its purposes, the Community Development Corporation shall have the following powers:
A. 
To sue and be sued.
B. 
To adopt and use an official seal.
C. 
To adopt suitable bylaws for the management of its affairs.
D. 
To determine the qualifications and duties of its employees, and to fix, subject to the foregoing provisions hereof, their compensation.
E. 
To enter into contracts.
The Community Development Corporation shall constitute the corporate instrumentality of the Township of Middle for the following purposes:
A. 
To inquire into, survey and publicize the extent, advantages and utility of the vacant lands of the Township of Middle, whether municipally owned or otherwise.
B. 
To classify such vacant lands according to their adaptability for the settlement thereon of various types of Corporation enterprises.
C. 
To advertise the economic advantages and opportunities of the Township of Middle and the availability of real estate within the Township of Middle for economic development, and to encourage and accomplish such development within the Township of Middle.
D. 
To solicit economic enterprises to purchase or lease the vacant lands and property of or in the Township of Middle.
E. 
To accomplish the sale or lease of the Township of Middle's vacant lands to economic enterprises whose settlement thereon is best calculated, in the judgment of the Corporation, to advance the interests of the Township of Middle and of its citizens and inhabitants.
F. 
To acquire title to vacant land owned by the Township of Middle for the purpose of resale or lease to economic enterprises whose presence within the Township of Middle will benefit in the judgment of the Corporation, its citizens and inhabitants.
G. 
To create a revolving loan program to encourage economic enterprises in Middle Township.
A. 
The Community Development Corporation shall not have any power of condemnation or eminent domain.
B. 
The Community Development Corporation shall not have power to pledge the credit of the Township of Middle, or of any other municipality, 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.
C. 
The Community Development Corporation shall have power and authority to make an economic survey, analyzing the present and potential possibilities of the Township of Middle, with a view to ascertaining its economic needs, determining its resources for efficient manufacture and exploring its probable sphere in the future development of the state and nation. In carrying out such a survey, the Corporation 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 and services provided within the Township of Middle and with a view to diversifying local industry and stabilizing employment conditions. The Corporation may make any investigation deemed necessary to enable it effectually to carry out the provisions of this chapter, and for that purpose the Corporation 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.
D. 
The Corporation shall make an annual report to the Township of Middle, setting forth in detail its operations and transactions for the preceding 12 months.
E. 
Nothing in this chapter provided and no authority given to or exercised by the Corporation created under this chapter shall impair or invalidate in any way any funded indebtedness of the Township of Middle by which it has been created, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose.
F. 
The creation of the Community Development Corporation by the Township of Middle shall not be deemed to limit in any manner the Middle Township's right to deal with its vacant lands, or to sell or lease the same, independently of such Corporation, as heretofore, but the powers conferred upon the Township and Commission by this chapter shall be in addition to any rights or powers now possessed by the Township of Middle with reference to its vacant lands or other properties.
G. 
Notice of any contract for the sale, lease, option to purchase or other transfer of real property or any interest therein proposed by the commission shall be submitted to the Mayor of the Township of Middle, whereupon such proposed commission action shall be subject to the mayor's veto. The Mayor shall exercise the veto power over this proposed action by 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 the 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.
H. 
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 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.).[1]
[1]
Editor's Note: See Ch. 112, Construction Codes, Uniform, Ch. 218, Subdivision of Land and Site Plan Review, and Ch. 250, Zoning.
I. 
The governing body of the Township may appropriate annually, during the life of its Corporation, such sums as may be reasonably necessary to conduct the normal operations of the Corporation, but no moneys so appropriated shall be used by the Corporation for the construction of any building or to finance such construction. The Corporation 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 municipal departments, and being so acted upon, shall be made a part of the Township's budget. The Corporation shall keep complete and accurate records of its accounts, and separate accounts shall be kept for its normal functions. The Corporation shall not exceed its budget, and moneys received from the Township shall be expended only for the purposes for which they have been appropriated.
The Community Development Corporation shall make a study of the tax structure reducing the tax burden on the Township of Middle.