This chapter shall ensure that any construction contract entered
into by the Township of Maplewood using public funds, the total cost
of which is equal to or exceeds $5,000,000, exclusive of any land
acquisition costs, and any development project with a total construction
cost that is equal to, or in excess of, $10,000,000, exclusive of
any land acquisition costs, and which receives an abatement of property
taxes and additional financial support from the Township of Maplewood,
is performed promptly, at a reasonable cost, and with the highest
degree of quality. This chapter also creates opportunities to employ
apprentices, thus expanding access to living wage careers in the construction
trades for a new generation of workers.
To effectuate the purposes of this chapter, these terms shall
have the following meanings:
AFFORDABLE HOUSING GRANT
A form of redevelopment area financing involving a disbursement
of monies from the Township's affordable housing trust fund to
a developer, given in order to ensure the inclusion of on-site affordable
housing at the developer's project, for the duration of the tax
exemption.
APPRENTICE
A worker who participates in a program registered by the
Bureau of Apprenticeship and Training of the U.S. Department of Labor
(DOL), or an apprenticeship equivalent program either approved and
funded by the New Jersey Department of Labor as of January 1, 2003,
who takes a construction apprenticeship test and receives benefits
and pay not less than those received by an apprentice.
APPRENTICESHIP PROGRAM
An apprenticeship program registered by the Bureau of Apprenticeship
and Training of the U.S. Department of Labor or an apprenticeship
equivalent program as that term is used by the State of New Jersey
in the Abbot Project Labor Agreement either approved and funded by
the New Jersey Department of Labor as of January 1, 2003.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
A form of redevelopment area financing which provides monies
that can be used to revitalize neighborhoods, expand affordable housing
and economic opportunities, and/or improve community facilities.
CONTRACTOR
A person or entity awarded a construction contract on a public
construction project.
CRAFT EMPLOYEE
A person employed in a trade as defined herein at either
the apprentice or journeyman level.
DEVELOPER
An entity that is developing a project that has a total construction
cost that is equal to, or in excess of, $10,000,000, exclusive of
any land acquisition costs, and has received 1) a tax exemption pursuant
to N.J.S.A. 40A:20-1 et seq. (the Long-Term Tax Exemption Statute)
or a tax exemption pursuant to N.J.S.A. 40A:21-1 et seq. (the Five-Year
Exemption and Abatement Statute) and 2) is a recipient of some form
of redevelopment area financing (RAF) such as, but not limited to,
a redevelopment area bond (RAB) pursuant to N.J.S.A. 40A:12A-64 et
seq., or any other form of municipal financing/funding such as an
affordable housing trust fund grant or a direct payment to the developer
by the Township in the form of rent.
FINAL CERTIFICATE OF OCCUPANCY
The certificate that is issued by the Township's Construction
Official upon completion of the project indicating that the structure
is ready for occupancy.
JOURNEYMAN
A skilled worker who is a member of a labor organization
and who has successfully completed an official apprenticeship qualification
in a building trade or craft.
LABOR ORGANIZATION
An organization which represents, for purposes of collective
bargaining, employees trained in a particular trade, involved in the
performance of a public construction project or RAF project that has
the present ability to refer, provide or represent sufficient numbers
of qualified employees to perform the contracted work and has an apprenticeship
program.
LABOR PERSON HOURS
The number of hours worked multiplied by the number of employees
performing such work.
MINORITY
Any person who is identified as Black, Asian, Hispanic, or
American Indian as codified in N.J.A.C. 17:27-2.1.
PRINCIPAL
Any officer, director, or individual who directly or indirectly
holds any beneficial interest in or ownership of the securities of
the business and/or any employee of the business who is empowered
by title or by explicit assignment to authorize the procurement, purchase,
or contracting of equipment, goods, services, or supplies whatsoever
involving an expenditure of $1,000 or greater.
PROJECT COMPLETION
The determination by the Township that the project, in whole
or in part, is ready for the use intended, which ordinarily shall
mean the date on which the project receives its final certificate
of occupancy.
PROJECT LABOR AGREEMENT (PLA)
A contract between a labor organization and a developer for
construction jobs that contains at a minimum the requirements set
forth in this chapter.
PUBLIC CONSTRUCTION PROJECT
Any construction contract entered into by the Township using
public funds, the total cost of which is equal to or exceeds $5,000,000,
exclusive of any land acquisition costs.
REDEVELOPMENT AREA BOND
A form of redevelopment area financing whereby the Township
sells bonds pursuant to N.J.S.A. 40A:12A-64 et seq. (the "RAB Law")
in order to fund infrastructure improvements and other project costs.
REDEVELOPMENT AREA FINANCING (RAF) PROJECT
A project that has a total construction cost that is equal
to or exceeds $10,000,000, exclusive of any land acquisition costs,
which receives 1) a tax exemption pursuant to N.J.S.A. 40A:20-1 et
seq. or N.J.S.A. 40A:21-1 et seq., and 2) receives some form of redevelopment
area financing, such as an affordable housing trust fund grant, a
community block development grant, or a redevelopment area bond.
RESIDENT
Any person who currently lives in the Township.
SUBCONTRACTOR
A person or entity that is engaged or performs work for a
contractor or developer as defined herein, which person or entity
may or may not be in privity of contract with the Township.
SUBSTANTIAL COMPLETION
Any construction project that is not completed but is near
completion by virtue of the project receiving a temporary certificate
of occupancy from the Township's Construction Official.
TEMPORARY CERTIFICATE OF OCCUPANCY
A certificate that is issued by the Township's Construction
Official when a project has been substantially completed, provided
that such portion or portions may be occupied safely prior to full
completion of the building or structure without endangering health
or safety.
TOTAL CONSTRUCTION COST
All costs, including infrastructure, excluding only land
acquisition costs, incurred to construct a project through the date
of completion, that is, the date the final certificate of occupancy
is issued. Total construction cost shall generally be determined in
accordance with the industry standard of Marshall & Swift Valuation®, but including the cost of piling and soil compaction.
Total construction cost must include any construction cost constituting
an element of total project cost under N.J.S.A. 40A:20-3h(4).
TOWNSHIP
The Township of Maplewood, Maplewood Township Committee and/or
Maplewood Township Administrator, or any of their designees.
TRADE
A skilled job, typically one requiring manual skills and
special training, such as carpentry, masonry, and plastering, that
is primarily concerned with the construction and finishing of buildings.
In the event that either the developer and/or the labor organization
should violate this chapter, the Township may seek any and all remedies
available to it at law or equity. Such remedies include, but are not
limited to, compelling the developer and/or the labor organization
to complete a remedial employment action plan, pay liquidated damages
or the Township may elect to terminate the RAF and/or the tax exemption.
If any provisions of this chapter or application thereof to
any person or circumstance is judged unconstitutional or otherwise
invalid, the invalidity shall not affect other provisions or applications
of this chapter that can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are
declared severable.
Ordinances or parts of ordinances inconsistent with the provisions
of this chapter be and the same are hereby repealed to the extent
of any such inconsistencies.
This chapter shall take effect after final passage and publication
as provided by law.