[HISTORY: Adopted by the Common Council of the City of Egg Harbor City 4-12-1990 by Ord. No. 8-1990. Amendments noted where applicable.]
Land use and development — See Ch. 170.
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 City of Egg Harbor, County of Atlantic, State of New Jersey," be and is hereby created.
The Commission shall consist of seven members and shall be a body corporate, having the powers enumerated herein.
The members of the Commission shall be appointed by the Common Council of the City of Egg Harbor. Each member shall be, for the last five years preceding this 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 the Commission, occurring for whatever cause, shall be promptly filled by appointment by the Common Council for the unexpired term thereof. Members shall serve for their respective terms and until their successors are appointed and qualified. No more than four members shall be from the same political party. A member of the governing body of the municipality shall not be appointed as a member of the Commission.
Each member shall be chosen with a special view to his/her qualifications and fitness for service on the Commission. He/she shall have had experience in industry or commerce and shall be conversant with the industrial needs and facilities of Egg Harbor City and shall be of known devotion to public service.
There shall be appointed upon said Commission, unless local conditions shall otherwise require, one representative of industry or commerce, a representative of labor, a representative of the clearinghouse of 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 dealers' 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 sales, leases or agreements in connection with lands, building 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/she will faithfully and impartially discharge the duties of his/her office.
The members of the Commission shall choose annually from among its members a Chair or President and such other officers as it may deem necessary. The Mayor of Egg Harbor City shall be ex officio a member of the Commission, but he/she shall not have voting privileges.
A majority of the members shall constitute a quorum of the Board.
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 Common Council of the City of Egg Harbor City.
Insofar as may be practicable, the employees and assistants required by the Commission shall be recruited from the public officers and employees of the municipality served by the Commission. The Municipal Counsel shall be the counsel to the Commission; the Municipal Engineer shall be the engineer of the Commission; and the several departments of the municipal government shall be available to the Commission for the purposes of the Commission's business. Municipal employees serving the Commission shall do so without compensation, other than their regular compensation as employees of the municipality. The Commission shall, from time to time, make known to the Mayor of Egg Harbor City its wants in the nature of services by employees of the municipality, and the Mayor shall designate which of the municipality's employees, if any, shall render such services.
To the extent that the Commission shall deem it necessary to carry on its functions and to the extent that it shall consider the services of existing employees of the municipality insufficient for its purposes, it may employ such additional employees or services at such compensation as may be approved by resolution of the Common Council of the City of Egg Harbor. Its requirements in this direction shall be submitted from time to time, in writing, to the Common Council of the City of Egg Harbor.
The civil service laws, rules and regulations of the state, applicable to the municipality served by the Commission, 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 municipal 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 during reasonable business hours of the Commission. If practicable, existing office facilities of the municipality served by the Commission shall be used without charge by the municipality, and the office and similar equipment of the municipality 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:
To sue and be sued.
To adopt and use an Official Seal.
To adopt suitable bylaws for the management of its affairs.
To determine the qualifications and duties of its employees and to fix, subject to the foregoing provisions hereof, their compensation.
To enter into contracts.
To inquire into, survey and publicize the extent, advantages and utility of the vacant land of the city, 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 city. 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 City of Egg Harbor City, in the County of Atlantic, and the availability of real estate within the city for industrial settlement and to encourage and accomplish such industrial settlement within the city.
To solicit the several industries to purchase or lease the vacant lands and property of or in the city.
To accomplish the sale of the city's vacant lands to industries whose settlement thereon is best calculated, in the judgment of the Commission, to advance the interests of the city and of its citizens and inhabitants.
To acquire title to vacant land owned by the municipality for the purpose of resale or lease to industries whose presence within the municipality will benefit, in the judgment of the Commission, its citizens and inhabitants.
[Added 4-10-1997 by Ord No. 5-1997]
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 Egg Harbor City, whereupon such proposed Commission action shall be subject to the Mayor's veto. The Mayor shall exercise the veto power of 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.
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.
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.).
No commission created under this chapter shall have any power of condemnation or eminent domain.
No Commission created under this chapter shall have power to pledge the credit of the municipality by which it is created 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.
Such Commission shall have power and authority to make an economic survey, analyzing the present and potential possibilities of the municipality, with a view to ascertaining its industrial 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 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 municipality 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 examination to accomplish any purpose authorized by this chapter.
The Industrial Commission shall make an annual report to the Common Council of the City of Egg Harbor City, setting forth in detail its operations and transactions for the preceding 12 months, and shall include therein its receipts and disbursements during that period. A copy of the report shall be filed in the office of the Municipal Clerk and be open to public inspection during the regular business hours of the Clerk's office.
Nothing in this chapter provided and no authority given to or exercised by any Commission created under this chapter shall impair or invalidate in any way any funded indebtedness of the municipality 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.
The creation of the Industrial Commission by the City of Egg Harbor City shall not be deemed to limit in any manner the municipality's right to deal with its vacant lands or to sell or lease the same, independently of such Commission, as heretofore, but the powers conferred upon the City of Egg Harbor City and the Industrial Commission by this chapter shall be in addition to any rights or powers now possessed by the City of Egg Harbor City with reference to its vacant lands or other properties.
The Common Council of the City of Egg Harbor, which is creating the Industrial Commission under this chapter, may appropriate annually, during the life of its Commission, such sums as may be reasonably necessary to conduct the normal operations of the Commission, but no moneys appropriated shall be used by a commission for the construction of any building or to finance such construction. The Commission shall annually present to the Chief Financial Officer of the City of Egg Harbor City its budget for operations for the ensuing year, reflecting therein all unexpended balances on hand from previous appropriations received from the municipality, at the same time and in the same manner and form as is required by several departments of the municipality'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 municipality's budget. A copy of the proposed budget shall be filed in the Commission's office and be open to public inspection during the regular business hours of the Commission's office. The Commission shall keep and maintain at its office complete and accurate records of its accounts, and separate accounts shall be kept for its normal functions, which shall be open to public inspection during the regular business hours of the Commission's office. The Commission shall not exceed its budget, and moneys received from the City of Egg Harbor shall be expended only for the purposes for which they have been appropriated.