[Amended in entirety 2-22-2023 by Ord. No. 1255-23. Prior history includes Ord. No. 568-02; Ord. No.
570-02; Ord. No. 652-05; Ord. No.
711-07; Ord. No.
1215-21]
[Added 2-22-2023 by Ord.
No. 1255-23]
Amendments to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-1, et seq. (the "Act"), have been adopted and the effect of
one or more of those amendments is to create a joint enterprise zone
located in the City of North Wildwood, the City of Wildwood, the Borough
of Wildwood Crest and the Borough of West Wildwood; and
Pursuant to said Act, the governing body of a qualifying municipality
must create a nonprofit corporation to formulate and propose a preliminary
zone development plan and to thereafter coordinate and administer
the activities of the municipality, zone businesses and community
organizations within the designated enterprise zone.
The joint designation of the City of North Wildwood, the City
of Wildwood, Borough of Wildwood Crest and Borough of West Wildwood
requires the creation of a nonprofit zone development corporation
by all four municipalities in order to implement the Joint Urban Enterprise
Zone.
[Added 2-22-2023 by Ord.
No. 1255-23]
The City of Wildwood is hereby authorized to act as an incorporator
with the City of North Wildwood, Borough of Wildwood Crest and Borough
of West Wildwood to create a nonprofit corporation to be known as
the Enterprise Zone Development Corporation of the Wildwoods, and
the Mayor and City Clerk of the City of Wildwood are hereby authorized
to execute a Certificate of Incorporation containing provisions authorized
by and consistent with this section. The Clerk of the City of Wildwood
is further authorized to jointly file with the Clerks of the City
of North Wildwood, Borough of Wildwood Crest and Borough of West Wildwood
the Certificate of Incorporation authorized by this section after
execution by the appropriate officials of all four municipalities.
[Added 2-22-2023 by Ord.
No. 1255-23]
The purposes to be included in the Certificate of Incorporation
pursuant to N.J.S.A. 15A:1-1 et seq. the New Jersey Nonprofit Corporation
Act, shall include the following:
a. To formulate and propose a preliminary zone development plan to the
governing bodies of the Cities of North Wildwood and Wildwood and
the Boroughs of Wildwood Crest and West Wildwood, setting forth the
boundaries of the proposed enterprise zone in all four municipalities,
setting forth findings of fact concerning the economic and social
conditions existing in the area proposed in the joint enterprise zone,
and setting forth each municipalities' policy and intentions
for addressing the conditions in said joint enterprise zone.
b. To utilize the powers conferred by the New Jersey Urban Enterprise
Zone Act for the purpose of stimulating investment in, and economic
development of, the proposed joint enterprise zone.
c. To utilize state assistance through the provisions of the New Jersey
Urban Enterprise Zone Act relating to exemptions from, and credits
against, state taxes.
d. To secure the involvement in, and commitment to, zone economic development
by private entities, including zone neighborhood associations, voluntary
community organizations supported by residents and businesses in said
joint enterprise zone.
e. To make recommendations for the revision of municipal planning and
zoning ordinances and other land use regulations as they pertain to
the joint enterprise zone for all four municipalities, so that they
each may use the powers conferred by law to enhance the attractions
of the joint enterprise zone to prospective developers.
f. To increase the availability and efficiency of support services,
public and private, generally used by and necessary to the efficient
functioning of commercial and industrial facilities in the area, to
the extent to which the increase or improvement is to be provided
and financed by the four municipalities or by other entities.
g. To take such additional action, not inconsistent with the New Jersey
Urban Enterprise Zone Act, as the board of directors of the Enterprise
Zone Development Corporation deems necessary for the development,
administration and coordination of activities in the joint enterprise
zone for the benefit of zone businesses and community organizations
within said joint enterprise zone, for the ultimate purpose of the
economic betterment of the residents of said zone and the participating
municipalities.
[Added 2-22-2023 by Ord.
No. 1255-23]
The Board of Directors shall consist of eight members, as follows:
a. One member of the local government from each of the municipalities
of Wildwood, North Wildwood, Wildwood Crest and West Wildwood, each
of whom shall serve as Chairman of the Board of Directors for one
year and whose term on the Board of Directors shall run concurrent
with his or her term as an elected official. The local government
member from each municipality, at the option of each municipality
and as evidenced by a resolution of the governing body of municipality,
shall be either the Mayor or member of the governing body of the municipality
as chosen by the affirmative vote of all of the members of the governing
body of the municipality.
b. The City Administrator, Business Administrator, City Manager and/or
Administrative designee of each municipality shall also serve on the
Board of Directors for a period of one year, renewed annually at reorganization
by the affirmative vote of all of the members of the governing body
of the municipality.
[Added 2-22-2023 by Ord.
No. 1255-23]
The Board of Directors shall have authority to dissolve the
corporation upon the revocation of the UEZ designation or upon the
approval of all members of the Board of Directors. Dissolution of
the corporation shall be in accordance with N.J.S.A. 15A:12-1 et seq.
[Added 2-22-2023 by Ord.
No. 1255-23]
The directors of the corporation shall develop bylaws for the corporation, which shall include an executive officer to be known as the enterprise zone coordinator. The board shall develop qualifications for the zone coordinator, and shall thereafter appoint a coordinator who meets said qualifications for a term not to exceed four years. The board may thereafter reappoint the same individual as zone coordinator for successive terms, provided that no term shall exceed four years. The board shall also hire such administrative personnel as may be necessary for the efficient operation of the Enterprise Zone Corporation. Upon the affirmative vote of two-thirds of the board of directors of the corporation, the board may engage the services of such professional persons as may be necessary for the efficient operation of the Enterprise Zone Corporation, but not for extraordinary purposes as contemplated in Section
24-1.7 below.
[Added 2-22-2023 by Ord.
No. 1255-23]
All ordinary business conducted by the Enterprise Zone Development
Corporation shall be approved by a simple majority of those board
members who are present at any regular or special meeting of the board
of directors. However, amendments to the Enterprise Zone Development
Corporation's bylaws, modification of zone boundaries, proposals
for projects to receive money from the Zone Assistance Fund, the hiring
of an enterprise zone coordinator and the hiring of professional,
technical and consultant personnel shall require that the project
or proposal, or the amendment has received unanimous support by way
of resolution from each municipality and a 2/3 vote of the board of
directors of the corporation.
[Added 2-22-2023 by Ord.
No. 1255-23]
Each of the four participating municipalities shall be obligated
to contribute annually to the Urban Enterprise Zone total budget for
administration salary and wage and other expenses, with 10% of each
municipality's Zone Assistance Funds for a fiscal year being
the amount contributed. Any deficits in administrative funds shall
be borne by each municipality based upon the percentage contributions
to the total administrative budget and any surpluses in administrative
funds shall be returned to each municipality for use as Zone Assistance
Funds based upon the percentage contributions to the total administrative
budget.
[Added 2-22-2023 by Ord.
No. 1255-23]
Upon the termination of the corporation, the corporation's
assets shall be distributed to all four municipalities on a pro-rata
basis, in proportion to the funds generated from within each municipality
and received or collected by the corporation during the corporation's
existence.
[Added 2-22-2023 by Ord.
No. 1255-23]
a. The Certificate of Incorporation shall include the address of the
corporation's initial registered office, which may be the office
of the City Clerk of the City of Wildwood, and the name of the corporation's
initial registered agent at that address, as required by the New Jersey
Nonprofit Corporation Act. Thereafter, the board of directors may
change the corporation's registered office and the corporation's
registered agent consistent with the provisions of N.J.S.A. 15A:1-1
et seq.
b. The Certificate of Incorporation shall also contain the names and
address of the first board of directors of the corporation, and such
additional information as may be required by the New Jersey Nonprofit
Corporation Act.
[Added 2-22-2023 by Ord.
No. 1255-23]]
The State of New Jersey has adopted legislation creating certain
areas within certain cities as Urban Enterprise Zones. The State of
New Jersey has adopted amending legislation which provides for a joint
zone located in four municipalities which are adjacent to each other
in a county of the sixth class. Cape May County is a county of the
sixth class and the municipalities of Wildwood, North Wildwood, West
Wildwood, Wildwood Crest are adjacent to each other, are situate in
a county of the sixth class and otherwise meet the population criteria
that is in the aforementioned amending legislation. The municipalities
of Wildwood, North Wildwood, West Wildwood and Wildwood Crest have
been designated for Joint Enterprise Zone; and under said legislation
the Urban Enterprise Zone Authority was created for the purpose of
examining particular areas in cities and designating these cities
as Joint Enterprise Zone. The City of Wildwood, by resolution, did
seek to have certain areas designated along with the City of North
Wildwood, Borough of West Wildwood, and the Borough of Wildwood Crest
as a Joint Enterprise Zone, and did seek to have zone plan approved
by the Authority. Representatives of the Urban Enterprise Zone Authority
did designate the areas set forth in the said municipalities of the
City of Wildwood and the City of North Wildwood and the Borough of
West Wildwood and the Borough of Wildwood Crest as Urban Enterprise
Zones and did approve the application of said municipalities as authorized
by the aforesaid resolution.
[Added 2-22-2023 by Ord.
No. 1255-23]
The City of Wildwood hereby accepts the designation of Urban
Enterprise Zone, pursuant to the joint application approved by the
Urban Enterprise Zone Authority of the State of New Jersey on July
10, 2002.