[HISTORY: Adopted by the Township Committee of the Township of Liberty 4-3-1995 by Ord. No. 9-95. Amendments noted where applicable.]
Indemnification of officers and employees — See Ch. 18.
The Township Committee hereby finds that the Township of Liberty is in need of additional industrial rateables, and, to that extent, the recreation of an industrial commission is necessary and desirable in order to appropriately develop Liberty Township for purposes of industrial utilization with a view towards minimizing adverse environmental impact and adverse impact from the standpoint of infrastructure and the cost thereof.
The Commission hereby created shall be known as the "Industrial Commission of the Township of Liberty" and shall have an indefinite duration until such time as this chapter shall be repealed.
The purposes of the Industrial Commission of the Township of Liberty shall be to perform any and all services and activities as are authorized by the enabling statute, N.J.S.A. 40:55B-1 et seq., and those functions shall include the analysis of the industrial structure of the township, the cataloging of any and all potential resources of the township from an industrial standpoint, the study of the basic economic conditions and criteria which do and will affect the industrial growth of the township at the present time and in the future, an analysis of the environmental impact which may be created by implementation of various industrial uses within the municipality, as well as an analysis of the infrastructure and its impact on the economic needs of the municipality. The Industrial Commission shall obtain information upon which to predicate an estimate of the potential tax revenues to be generated by industrial development within the township and shall establish a ratio of cost to revenue in connection with said development so as to make an informed decision as to the implementation of industrial utilization within the township.
The Commission shall consist of seven members and shall be a body corporate having the powers hereinafter enumerated.
The members of the Industrial Commission shall be appointed by a majority of the governing body of the municipality. The designated Mayor of the municipality shall designate nominees for such Commission, and the majority of the Township Committee shall be required to approve of each nominee.
[Amended 3-4-1996 by L.L. No. 96-4]
Each member who shall be appointed and approved as a Commissioner to the Industrial Commission shall be, for a period of at least five years next preceding his or her appointment, a citizen of the United States of America and a qualified voter of the State of New Jersey.
The members shall be appointed for the following terms:
At the expiration of each of the above terms, a new member or members shall be appointed for a term of five years. Vacancies in the membership of the Commission shall be promptly filled by appointment by the governing body for the unexpired term of the member being replaced. The members shall serve for their respective terms and until their successors are appointed and qualified.
No more than four members shall serve on the Commission at any one time who are of the same political party.
Each member shall be chosen with a special view to his or her own qualifications and fitness for service on the Commission.
Members shall have had experience in industry or commerce and shall be conversant with the industrial needs and facilities of the Township of Liberty.
Members appointed shall be of known devotion to public service.
In the event that a potential member cannot be obtained who is of known devotion to public service, then the Township Committee, in appointing any such member to the Commission, shall utilize its best efforts to determine that said individual is of potentially high caliber with regard to his or her probable devotion to public service.
There shall be appointed to the Commission, unless local conditions otherwise militate against or so require, one representative of industry or commerce, one representative of labor, one representative of the clearinghouse or banks of the immediately surrounding area, one representative of the Chamber of Commerce, one representative of a service club or clubs of the municipality, one representative of the legal profession and one 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 sales, leases or agreements in connection with lands, buildings or other property owned or controlled by the Commission, 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 the benefits or profits thereof.
The members and officers of the Commission shall serve without compensation, but each shall receive his or her own actual disbursements for expenses in performing his or her duties as a Commissioner. Each such Commissioner shall submit appropriate vouchers, attaching thereto receipts for any and all expenditures.
The Commission shall annually elect, from its members, a Chairman and such other officers as its discretion may deem necessary.
A majority of the members of the entire Commission shall constitute a quorum of the Commission; therefore, four members shall be required to constitute a quorum at any given meeting.
Insofar as may be practicable, the employee and assistants required by the Commission shall be recruited from the public officers and employees of the municipality served by the Commission, to serve without additional compensation.
In the event that no municipal employees can reasonably be required to serve without additional compensation, the Commission shall be permitted to employ such additional employees at such compensation as may be approved by resolution of the governing body or the municipality. The Commission shall, from time to time, set forth its requirements in this regard, in writing, to the Municipal Committee.
The Liberty Township Attorney shall act as the attorney to the Industrial Commission. The attorney's compensation shall be pursuant to the terms and conditions set forth in the salary or compensation ordinances which may have been adopted by the Township Committee, or as further amended.
The Commission shall 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 Liberty Township shall be utilized without charge by the municipality for the Commission's purposes. The municipality shall make available office and similar equipment wherever possible to be used by the Commission without charge.
The Industrial Commission shall serve the following purposes:
To inquire into, survey and publicize the extent, advantages and utility of the vacant lands of the municipality, whether municipally owned or otherwise.
To classify such vacant lands according to their adaptability for the settlement thereon of various types of industrial enterprises.
To study and analyze the various industries which may be suitable to location in Liberty Township with view to ascertaining the appropriateness of said industrial expansion into Liberty Township.
To advertise the industrial advantages and opportunities of the Township of Liberty and the availability of real estate within the municipality and to encourage and accomplish industrial settlement within Liberty Township.
To solicit the various industries, so selected, to purchase or lease or otherwise utilize the vacant land and properties in Liberty Township.
To facilitate the sale or lease of the municipality's vacant lands which are not needed for public purposes to industries whose settlement thereon is best calculated, in the discretion of the Commission, to advance the interests of Liberty Township and its citizens.
To acquire title to vacant land owned by the municipality for purposes of resale or lease to industries whose presence within the municipality will benefit the citizens and inhabitants of the Township of Liberty, the County of Warren and the State of New Jersey.
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 Liberty Township, 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:
That the action conforms to the Master Plan of the community.
That the action is environmentally compatible with the community.
That the action complies with the zoning of the industrial area.
That 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 at 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 higher standard than any zoning or planning ordinance or statute then in effect by or affecting the municipality.
The Commission shall make a study of the tax structure of the township with a view towards reducing the tax rate imposed on all properties in the municipality by the creation of tax rateables in the industrial sector.
The Commission shall make an annual report to the governing body of Liberty Township setting forth in detail its operations and transactions for the preceding 12 months. Such reports shall be made during the month of January of each year. Said report shall include therein its receipts and disbursements during that period. A copy of that report shall be filed in the office of the Municipal Clerk for public inspection.
Nothing in this chapter shall be construed to create any authority to impair or invalidate any funding indebtedness of the Township of Liberty.
The governing body of the Township of Liberty shall appropriate annually any sums as may be reasonably necessary to conduct the normal operations of the Industrial Commission, but no moneys so appropriated shall be used by the Commission for the construction of any building or to finance such construction.