[HISTORY: Adopted by the Township Council
of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 18 of the 1998
Code; amended in its entirety 2-8-2000 by Ord. No. 00-01. Subsequent amendments
noted where applicable.]
A.
It is hereby declared that there exists in the Township
an area commonly known as the "Olden Avenue Redevelopment Area;" that
the area is an area determined to be in need of redevelopment as defined
by N.J.S.A. 40A:12A-6; and that the development, planning, construction
and redevelopment of the area will promote the public health, safety,
morals and welfare, stimulate proper growth of the area, preserve
existing values and maintain taxable values of properties within or
contiguous to the area, and further encourage the sound growth of
the community.
B.
It is hereby declared to be the policy of the Township
to promote the health, safety, morals and welfare of the citizens
of the Township by the creation of the Ewing Redevelopment Agency
for the purposes of implementing redevelopment plans for, and carrying
out of the redevelopment of, the areas commonly known as the "Olden
Avenue Redevelopment Area," the "Parkway Avenue Redevelopment Area,"
and any other areas designated by the Township as areas in need of
redevelopment or rehabilitation and of holding, redeveloping, rehabilitating
or disposing of the land in such areas in a manner that will encourage
economical and socially sound development by private or public enterprise,
or by a combination of both.
[Amended 1-29-2013 by Ord. No. 13-01[1]]
[1]
Editor's Note: Section 1 of this ordinance provided that the
"aforementioned recitals are incorporated herein as though fully set
forth at length herein." A complete copy of this ordinance with said
whereas clauses is on file in the Township offices.
[Amended 1-29-2013 by Ord. No. 13-01]
There shall be the Ewing Redevelopment Agency,
which shall be designated as the redevelopment entity pursuant to
and shall have such powers as are provided by N.J.S.A. 40A:12A-1 et
seq. and by other ordinances of the Township pertaining to the implementation
of redevelopment plans for, and the carrying out of the redevelopment
of, the areas of the Township commonly known as the "Olden Avenue
Redevelopment Area," the "Parkway Avenue Redevelopment Area," and
any other area designated by the Township as an area in need of redevelopment
or rehabilitation, unless and until the Mayor and Council, by ordinance,
provide otherwise.
A.
AGENCY
DEVELOPMENT
GOVERNING BODY
REAL PROPERTY
REDEVELOPER
REDEVELOPMENT
REDEVELOPMENT AREA or AREA IN NEED OF REDEVELOPMENT
REDEVELOPMENT PLAN
REDEVELOPMENT PROJECT
REHABILITATION
The following words, terms and phrases, when used
in this article, shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different meaning:
The Ewing Redevelopment Agency.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and of any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to the Municipal
Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
The Council of the Township.[1]
All lands, including improvements and fixtures thereon, and
property of any nature appurtenant thereto or used in connection therewith,
and every estate, interest and right, legal or equitable, therein,
including terms for years and liens by way of judgment, mortgage or
otherwise, and indebtedness secured by such liens.
Any person, firm, corporation or public body that shall enter
into or propose to enter into a contract with the Township or Agency
for the redevelopment or rehabilitation of an area in need of redevelopment,
or any part thereof, under the provisions of this act, or for any
construction or other work forming part of a redevelopment or rehabilitation
project.
The clearance, replanning, development and redevelopment;
the conservation and rehabilitation of any structure or improvement;
the construction and provision for construction of residential, commercial,
industrial, public or other structures and the grant or dedication
of spaces as may be appropriate or necessary in the interest of the
general welfare for streets, parks, playgrounds or other public purposes,
including recreational and other facilities incidental or appurtenant
thereto, in accordance with a redevelopment plan.
An area determined to be in need of redevelopment pursuant
to N.J.S.A. 40A:12A-5 and 40A:12A-6. A redevelopment area may include
lands, buildings or improvements which of themselves are not detrimental
to the public health, safety or welfare, but the inclusion of which
is found necessary, with or without change in their condition, for
the effective redevelopment of the area of which they are a part.
A plan for the redevelopment or rehabilitation of all or
any part of a redevelopment area or an area in need of rehabilitation,
which plan shall be sufficiently complete to indicate its relationship
to definite municipal objectives as to appropriate land uses, public
transportation and utilities, recreational and municipal facilities,
and other public improvements; and to indicate proposed land uses
and building requirements in the redevelopment area or area in need
of rehabilitation, or both.
Any work or undertaking pursuant to a redevelopment plan;
such undertakings may include any buildings, land including demolition,
clearance or removal of buildings from land, equipment, facilities
or other real or personal properties which are necessary, convenient
or desirable appurtenances, such as but not limited to streets, sewers,
utilities, parks, site preparation, landscaping and administrative,
community, health, recreational, educational and welfare facilities.
An undertaking, by means of extensive repair, reconstruction
or renovation of an existing structure, with or without the introduction
of new construction or the enlargement of existing structures, in
any area that has been determined to be in need of rehabilitation
or redevelopment, to eliminate substandard structural or housing conditions
and arrest the deterioration of that area.
[1]
Editor's Note: The former definition of "project area," which
immediately followed this definition, was repealed 1-29-2013 by Ord.
No. 13-01.
A.
There shall be seven Commissioners of the Ewing Redevelopment
Agency. The Commissioners shall be appointed by the Township Council.
Commissioners shall each serve for a term of five years, except that
the first of these appointees shall be designated to serve for the
following terms: one for a term of one year, one for a term of two
years, two for terms of three years, one for a term of four years,
and two for terms for five years. No more than two Commissioners shall
be officers or employees of the municipality. Each Commissioner shall
hold office for the term for the appointment and until a successor
shall have been appointed and qualified. Any vacancy occurring in
the office of Commissioner, from any cause, shall be filed in the
same manner as the original appointment but for the unexpired term.
B.
A certificate of the appointment or reappointment
of each Commissioner shall be filed with the Township Clerk, and that
certificate shall be conclusive evidence of the due and proper appointment
of that Commissioner. A Commissioner shall receive no compensation
but shall be entitled to reimbursement for actual expenses necessarily
incurred in the discharge of the duties of the Commissioner, including
travel expenses. The powers of the Agency shall be vested in the Commissioners
thereof in office from time to time. Four Commissioners shall constitute
a quorum for the purpose of conducting business and exercising powers
and all other purposes. Action may be taken by the Agency upon the
affirmative vote of the majority but not less than four of the Commissioners
present.
[Amended 1-29-2013 by Ord. No. 13-01]
The Ewing Redevelopment Agency shall constitute
a public body corporate and politic, exercising public and essential
governmental functions, and shall have all the powers necessary or
convenient to carry out and effectuate the purpose and provisions
of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et
seq.
At its organizational meeting, the Agency shall
provide for regular meetings at a time and place within the Township.
The resolution may provide that, when such a day falls upon a legal
holiday, the meeting shall be held on the same hour on the next succeeding
day that is not a legal holiday.
The Agency, at its annual organizational meeting,
shall elect a Chair and Vice Chair from among the Commissioners, to
serve for one-year terms each and until the election and qualification
of their successors.
The Agency may employ an Executive Director
who shall be its Secretary, a secretary, technical experts and such
other officers and agents and employees, permanent and temporary,
as it may require and is permitted by law, and shall determine their
qualifications, duties and compensation. The Agency may call upon
the Municipal Attorney or may employ its own counsel and staff for
such legal services as it may require.
No Commissioner or employee of the 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 there be 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 Commissioner 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 to disclose such an interest shall constitute misconduct in
office. A Commissioner or employee required by this subsection to
make a disclosure shall not participate in any action by the Agency
affecting the property with respect to which disclosure is required.
A Commissioner of the Agency may be removed
by the Council for inefficiency or neglect of duty or misconduct in
office, provided that the Commissioner has been served with a copy
of the charges at least 10 days prior to a hearing thereon and is
afforded an opportunity to be heard at such hearing, in person or
by counsel. In the event of the removal of any Commissioner, a record
of the proceedings, together with the charges and findings thereon,
shall be filed in the office of the Municipal Clerk.
The Township shall make an estimate of the amount
of money required by the Agency for the administrative and other purposes
of the Agency as may be appropriate and advance such amounts to the
Agency as it deems necessary. The Agency shall:
A.
Annually submit to the Mayor and Council an estimate
of all income and expenses for the Agency and/or redevelopment project,
which shall include all its indebtedness, including payments necessary
to meet interest and principal payments on bonds issued in accordance
with law. Such estimate shall be subject to such charges as the Township
may prescribe. No such estimate shall be effective unless it is approved
by the Council, and no expenditures or disbursements for any redevelopment
project shall be made by the Agency except in accordance with an estimate
or any amendments or modifications thereof so approved by the Council.
B.
File with the Township a detailed report of all of
its transactions, including a statement of all revenues and expenditures,
without exception, at monthly, quarterly or annual intervals as the
Council may prescribe.
