[HISTORY: Adopted by the Township Committee of the Township of New Hanover as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-1992 by Ord. No. 1992-2]
There is created, jointly with the Borough of Wrightstown and the Township of Springfield, a public body corporate and politic to be known as the "New Hanover - Wrightstown - Springfield Regional Housing Authority."
A. 
Each governing body shall appoint two Commissioners of the Regional Authority for a term of five years, except that all vacancies shall be filled for the unexpired term. The governing body of the municipality which has the greatest population of any of the municipalities creating the Regional Authority shall appoint one additional Commissioner of the Authority for a like term.
B. 
The Director of the Public Housing and Development Authority in the State Department of Community Affairs, on receipt of notification of the creation of the Regional Housing Authority from the Clerks of the municipalities creating it, shall appoint two members thereof, who shall hold office at his or her pleasure. The persons appointed by the Director shall be entitled to vote as members of the Housing Authority and shall be entitled to all other privileges of membership of the Authority.
C. 
No more than one Commissioner from each municipality creating this Authority can be an officer or employee of such municipality. A certificate of the appointment or reappointment of any Commissioner shall be filed with the municipal clerk, and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner. A Commissioner shall receive no compensation for his or her services but shall be entitled to necessary expenses, including traveling expenses, incurred in the discharge of duties for the Authority.
The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Five members shall constitute a quorum of the Authority for the conduct of its business and exercising of its powers and for all other purposes. Action may be taken upon affirmative vote of the majority of Commissioners present, which shall not be fewer than five.
The Authority shall select a Chairperson and Vice Chairperson from among its Commissioners and may employ a Secretary or an Executive Director and such other employees as it may require and shall determine their qualifications, duties and compensation. The Authority may employ its own counsel or other technical experts as it may require.
No Commissioner or employee of the Authority shall acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in the project nor shall he or she have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If any Commissioner or employee owns or controls an interest, direct or indirect, in any property included or planned to be included in a housing project, he or she shall immediately disclose the same, in writing, to the Authority, and such disclosure shall be entered upon the minutes of the Authority. Failure so to disclose shall constitute misconduct in office. Upon such disclosure, such Commissioner or employee shall not participate in any action by the Authority affecting such property.
A Commissioner may be removed from office for inefficiency or neglect of duty or misconduct in office, after being given a copy of the charges at least 10 days prior to a hearing thereof and having had an opportunity to be heard on the charges in person or by counsel. If a Commissioner is removed, after a hearing on the charges, a record of the proceedings, with the charges and findings thereon, shall be filed in the office of the Clerk of the municipality whose governing body first appointed the Commissioner.
All persons employed by the Authority shall hold their respective employments subject to the provisions of Title 11A of the Revised Statutes of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
The Authority shall exercise and perform public and essential governmental functions and shall have the following powers:
A. 
To sue and be sued; to have a seal and to alter the same at his or her pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the Authority; and to make and from time to time amend and repeal bylaws, rules and regulations to carry into effect the powers and purposes of the Authority.
B. 
Within its area of operation, which shall be limited to areas of federal property within the municipalities creating the Authority, to prepare, carry out, acquire, lease and operate housing projects, and to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof.
C. 
To arrange or contract, in the manner now prescribed by law concerning municipalities, except as otherwise provided by the rules or regulations of the federal government, for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, a housing project or the occupants thereof, and to agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or to payment of not less than prevailing salaries or wages or to compliance with labor standards in the development or administration of projects and to include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor and comply with any condition which the federal government may have attached to its financial aid of the project.
D. 
To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and establish and revise the rents or charges therefor; to own, hold and improve real or personal property; to purchase, lease, obtain options upon or acquire by gift, grant, bequest, devise or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein; to insure or provide the insurance of any real or personal property or operations of the Authority against any risk or hazards; and to procure or agree to the procurement of insurance or guaranties from the federal government of the payment of any bonds or parts thereof issued by an authority, including the power to pay premiums on any such insurance.
E. 
To invest any funds held in reserve or sinking funds or any funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control, and to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be canceled.
F. 
Within its area of operation, as defined in Subsection B hereof, to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstructing of slum areas and the problem of providing dwelling accommodations for persons of low income and to cooperate with any public body in action taken in connection with such problems; and to engage in research, studies and experimentation on the subject of housing.
G. 
To exercise all or any part or combination of powers herein granted.
No person shall, because of race, religious principles, color, national origin or ancestry, be subject to any discrimination.
A. 
The Authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations.
B. 
The Authority shall not construct or operate a housing project for profit or as a source of revenue to the municipalities creating it.
C. 
The Authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income and receipts of the Authority, will be sufficient to:
(1) 
Pay, as the same become due, the principal and interest on bonds of the Authority.
(2) 
Meet the cost of and provide for maintaining and operating the projects, including the cost of insurance and the administrative expenses of the Authority.
(3) 
Create, during not less than the six years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve.
D. 
Rental duties.
(1) 
In the operation or management of housing projects, the Authority shall at all times observe the following duties with respect to rentals and tenant selection:
(a) 
It may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income.
(b) 
It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
(c) 
It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an aggregate annual net income, less an exemption of $100 for each minor member of the family other than the head of the family and his spouse, at the time of admission, in excess of five times the annual rental of the quarters to be furnished such person or persons. In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost (as determined by the Authority) to occupants of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
(2) 
Notwithstanding any provisions of this section, an Authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract with the Authority for financial assistance.
The Authority shall have the right to acquire, by the exercise of the power of eminent domain, any real property which it may deem necessary for its purposes after adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. Property already devoted to a public use may be acquired in like manner, except that real property belonging to a public body or corporation having the power of eminent domain may not be acquired without its consent.
All housing projects of the Authority are subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated.
A. 
Issuance. The Authority shall have the power to issue bonds from time to time, in its discretion, for any of its corporate purposes. The Authority shall also have the power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The Authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable exclusively from the income and revenues of the housing project financed with the proceeds of such bonds; exclusively from the income and revenues of certain designated housing projects, whether or not they are financed in whole or in part with the proceeds of such bonds; or from its revenues generally. Any such bonds may be additionally secured by a pledge of any grant or contributions from the federal government or other source or a pledge of any income or revenues of the Authority or a mortgage of any housing project, projects or other property of the Authority.
B. 
Liability. Neither the Commissioners of the Authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of the Authority (and such bonds and obligations shall so state on their face) shall not be a debt of the state or any political subdivision thereof and neither the state nor any political subdivision thereof shall be liable thereon nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of the Authority. The bonds shall not constitute an indebtedness within the meaning of any debt limitation or restriction. Bonds of the Authority shall be declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.
C. 
Provisions; powers of the Authority. Bonds of the Authority shall be authorized by its resolution and be in the form provided by N.J.S.A. 55:14A-14. In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds and obligations, the Authority shall have the powers contained in N.J.S.A. 55:14A-15.
In addition to the powers conferred upon any Authority by other provisions of this article, the Authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation; to take over or lease or manage any housing project or undertaking constructed or owned by the federal government; and, to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this article to authorize the Authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such Authority.
All housing projects of the Authority are public property devoted to an essential public and governmental purpose. All such public property devoted to such a public purpose shall be exempt from all taxes and special assessments of the state or any political subdivision thereof as long as such public property remains under exclusive control and jurisdiction of the Authority which owns or holds such property; provided, however, that in lieu of such taxes, the Authority which owns or holds such property may agree to make payments to a political subdivision for the services or improvements of facilities furnished by it for the benefit of a housing project, but in no event shall such payments exceed the amount last levied as the annual tax of such political subdivision upon the property included in said project prior to the time of its acquisition by the Authority.
A. 
Upon completion of an application of the Authority for the financial assistance of any agency of the federal government in connection with a housing project, the Authority shall present to the Director of the Public Housing and Development Authority in the State Department of Community Affairs said application and supporting data. The application and data shall be transmitted by the Director within 20 days from the receipt thereof to the federal agency in question, with the recommendations of the Director. Should the Director fail, within said twenty-day period, to forward said application and documents to the federal government or its appropriate agency, the Authority shall be permitted to present its application to the federal government or its agency.
B. 
During the pendency of an application to the federal government or its agency for its assistance as aforesaid, the Authority shall file with the Director copies of all correspondence, agreements and documents that may be exchanged between the Authority and representatives of the federal government in connection with the project. The Authority, its members and personnel shall cooperate with the Director and its representatives in the performance of the Director's functions and in particular in the Director's capacity of serving as a central bureau through which statistical and other information, pertaining to slum clearance and low-cost housing, will be disseminated. The Authority shall cooperate in the Director's duties of coordinating all housing agencies in the State of New Jersey and of integrating their activities with the federal government and its agencies.
The Authority shall file with the Director of Public Housing and Development Authority in the State Department of Community Affairs any proposed change in an approved project. Should the Director at any time submit to the Authority suggestions with respect to any project or change in a project of the Authority, the Authority shall give consideration to such suggestions at a regular or special meeting of the Authority.
At least once a year, the Authority shall file with the municipal clerks of the municipalities creating the Authority and said Director a report of its activities for the preceding year and shall make recommendations as to additional legislation or other action necessary to carry out the purposes of this article and the Local Housing Authority Law.[1]
[1]
Editor's Note: See now the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.
The Executive Director of the Authority shall provide written notice to the county or municipality, as appropriate, whenever the Authority enters into a written agreement for the planning and construction of a housing development project within the county or municipality for which funding assistance shall be sought from state or federal agencies, or both. The Executive Director shall also give notice to such government units when the Authority makes application for such assistance. Such notice shall be given within five calendar days of the signing of the written agreement or the application for funding assistance. In the case of a county, the written notice shall be provided to the members of the Board of County Commissioners. In the case of a municipality, the written notice shall be provided to the Mayor and members of the governing body.
This article shall become effective upon final adoption and publication according to law. A certified copy shall be filed with the Director of Public Housing and Development in the New Jersey Department of Community Affairs.
[Adopted 11-28-1994 by Ord. No. 1994-6]
There is hereby created a public body, corporate and politic, in the municipalities of New Hanover Township and Plumsted Township, the areas of which together comprise an integral body of territory, to be named the "New Hanover - Plumsted Municipal Utilities Authority," pursuant to the provisions of an act of the Legislature of the State of New Jersey (N.J.S.A. 40-14B-1 et seq.), known as the "Municipal and County Utilities Authorities Law," as amended and supplemented.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The membership of the New Hanover - Plumsted Municipal Utilities Authority shall consist of three members, with this aggregate number consisting of one citizen of Plumsted Township, who shall be appointed by resolution of the Plumsted Township Committee; one citizen of New Hanover Township, who shall be appointed by resolution of the New Hanover Township Committee; and a third member, and an alternate member, of either Plumsted Township or New Hanover Township, who shall be appointed by parallel resolutions of the Plumsted Township Committee and the New Hanover Township Committee, with the residency of the third member, and the alternate member, to alternate between New Hanover and Plumsted on each successive appointment. Additionally, an alternate member shall be appointed to the Authority, which term of appointment shall be simultaneous and coterminous with the term of the third member. In any given year the alternate member and the third member shall not be residents of the same municipality. The alternate member may participate in discussions at the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
The New Hanover - Plumsted Municipal Utilities Authority hereby created shall be an agency and instrumentality of Plumsted Township and New Hanover Township and shall have all of the powers conferred by the Municipal and County Utilities Authorities Law[1] upon municipal utilities authorities generally. The New Hanover - Plumsted Municipal Utilities Authority shall service all of the area located within the jurisdictional boundaries of New Hanover Township, inclusive of the area under federal control commonly known as "Fort Dix Military Reservation;" additionally, the collection area to be located within Plumsted Township shall be limited to the following area: all that area lying west of High Bridge Road, west of Applegate Lane, west of Inman Road and all of the area lying west of an imaginary line intersecting Applegate Lane and Inman Road and the area lying to the west of the imaginary line running due south between the southern terminus of Inman Road and the boundary line of the Fort Dix Military Reservation. The municipal governments of both New Hanover Township and Plumsted Township recognize the existence of the Plumsted Township Municipal Utilities Authority. It is understood and agreed by the parties that the Plumsted Township Municipal Utilities Authority shall have exclusive control and jurisdiction over the service, distribution and collection of any utility service within the Township of Plumsted lying outside of the area known as the "Fort Dix Military Reservation." The New Hanover - Plumsted Municipal Utilities Authority shall limit its jurisdiction, authority and power within the Township of Plumsted to servicing the area within the Fort Dix Military Reservation and collecting or supplying utility services up to the Township line. The New Hanover - Plumsted Municipal Utilities Authority recognizes that the collection and distribution area of Plumsted Township as set forth herein may not be altered by the New Hanover - Plumsted Municipal Utilities Authority. Any alteration in the service, collection and distribution area of Plumsted Township may only occur after adoption of such subsequent ordinance to amend the same. The powers of the Municipal Utilities Authority shall be vested in the members thereof in office from time to time. A majority of the entire authorized membership of the Municipal Utilities Authority shall constitute a quorum at any meeting thereof. Action may be taken in motions and resolutions adopted by the Authority at any meeting thereof by vote of a majority of the members present, unless in any case the bylaws of the Authority shall require a larger number.
[1]
Editor's Note: N.J.S.A. 40:14B-1 et seq.
The New Hanover - Plumsted Municipal Utilities Authority shall consist of three members, and an alternate member appointed as aforesaid. Other than the members first appointed, or to be first appointed, all members shall serve for terms expiring on the first day of the fifth February next ensuing after the date of the appointment of any member. Upon the initial appointment of members to the New Hanover - Plumsted Municipal Utilities Authority (MUA), the expiration of each of the initial members shall be as follows: on the first February after the initial appointments, no term shall expire; on the second February after the initial appointments, no member position shall expire; on the third February after the initial appointments, the term of the member appointed by parallel resolutions of New Hanover and Plumsted Townships shall expire, and that position will be filled for the subsequent term by a resident of the municipality previously in the voting minority on the authority. This position shall alternate every term of five years between a resident of New Hanover Township and Plumsted Township; similarly the position of alternate member shall expire on the third February after the initial appointment, the initial appointment of the alternate position shall be simultaneous and coterminous with the position of the third member. Each successive term of the alternate member shall alternate between a resident of New Hanover and Plumsted Township; on the fourth February after the initial appointments and every fifth February thereafter, the term of the member appointed by Plumsted Township shall expire, and the member shall be replaced in perpetuity by a resident of Plumsted Township as appointed by resolution of the Plumsted Township Committee; on the fifth February after the initial appointment and every fifth February thereafter, the term held by the resident of New Hanover Township shall expire, and such position shall be filled in perpetuity by a resident of New Hanover Township as appointed by the New Hanover Township Committee.
In the event of a vacancy in the membership of the Authority occurring during an unexpired term of office, a person shall be appointed as a member of the Authority to serve for such unexpired term by the governing body or governing bodies that made the original appointment for such unexpired term. Each member shall hold office for the term for which he was appointed and until his successor has been appointed and has qualified.
A copy of this article and a copy of each resolution appointing any member of the New Hanover - Plumsted Municipal Utilities Authority, duly certified by the appropriate Township official, shall be filed in the Office of the Secretary of State of New Jersey. Upon proof of such filing of a certified copy of said article, the New Hanover - Plumsted Municipal Utilities Authority shall, in any suit, action or proceeding involving the validity or enforcement of or relating to any contract or obligation or act of the joint Municipal Authority, be conclusively deemed to have been lawfully and property created, organized, established and authorized to transact business and exercise its powers pursuant to Title 40, Chapter, 14B of the Revised Statutes of New Jersey.
No member, officer or employee of the Authority shall have or acquire any interest, direct or indirect, in the utilities system or in any property included or planned to be included in the utilities system or in any contract or proposed contract for materials or services to be furnished to or be used by the Authority, but neither the holding of any office or employment in the government of any county or municipality or under any law of the state, nor the owning of any property within the state, shall be deemed a disqualification for membership in or employment by the Authority, and members of the governing body of the two municipalities may be appointed by such municipalities and may serve as members of the New Hanover - Plumsted Municipal Utilities Authority.
Members of the New Hanover - Plumsted Municipal Utilities Authority shall receive no compensation for services except as such members shall be reimbursed for necessary expenses incurred in the discharge of their duties. Notwithstanding the provisions of this section, members of the Authority may receive compensation for their services as may be determined hereafter by any parallel ordinances of Plumsted Township and New Hanover Township amendatory hereof.
Upon the initial appointment of the members of the Authority and thereafter on or after February 1 of each year, the Authority shall annually elect from among its members a Chairperson and a Vice Chairperson, who shall hold office until February 1 next ensuing and until their respective successors have been appointed and have qualified. The Authority may also appoint and employ such agents and employees as it may require and may determine their duties and compensation without regard to the provisions of Title 11A of the Revised Statutes,[1] including but not limited to a Secretary, an Executive Director, managerial and staff personnel, technical advisors and experts, professional employees and persons who shall render professional services as set forth in N.J.S.A. 40A:11-5.
[1]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
The purpose of the New Hanover - Plumsted Municipal Utilities Authority shall be:
A. 
The provision and distribution of an adequate supply of water for the public and private users of the Townships of New Hanover and Plumsted and their inhabitants for the areas of such municipalities as set forth herein.
B. 
The relief of waters in or bordering the region from pollution arising from causes within the two Townships, and the relief of waters in, bordering or entering New Hanover and Plumsted Townships from pollution or threatened pollution, and the consequent improvement of conditions affecting the public health.
C. 
The provision of sewage collection and disposal service within or without the Townships of New Hanover and Plumsted through the authority vested in the service area or through contracts with the appropriate governmental authority.
D. 
The provision of water supply and distribution service in such areas outside the Townships of New Hanover and Plumsted as are permitted by the provisions of Title 40, Chapter 14B of the Revised Statutes of New Jersey and as set forth herein.
E. 
The provision of solid waste services and facilities within or without the Townships of New Hanover and Plumsted in a manner consistent with the Solid Waste Management Act found in N.J.S.A. 13-1E-1 et seq., and in conformance with a Solid Waste Management Plan adopted by the Solid Waste Management Districts created therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
A generation, transmission and sale of hydroelectric power at wholesale.
G. 
The operation and maintenance of utility systems owned by other governments within the Townships of New Hanover and Plumsted through contracts with said governments.
The Authority shall cause an annual audit of its accounts to be made and, for this purpose, it shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey. The audit shall be completed and filed with the Authority within four months after the close of the fiscal year of the Authority and a certified duplicate copy thereof shall be filed with the Director of the Division of Local Government in the Department of the Treasury within five days after the original report is filed with the Authority.
Nothing herein contained shall be construed as limiting or restricting any of the powers and duties conferred upon municipal utilities authorities created pursuant to the aforesaid Act, and the New Hanover - Plumsted Municipal Utilities Authority shall enjoy all of the statutory powers and duties as specifically set forth in N.J.S.A. 40:14B-1 et seq., and as the same may be amended and supplemented.