Hillside City Zoning Code

§ 188-66

Urban Enterprise Zone.

[Added 5-7-1996; amended 4-24-2007]

Introductory provisions.

Preliminary UEZ establishment. The Township of Hillside, pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq., has been approved as of April 12, 1996, as an Urban Enterprise Zone.

UEZ Coordinator. The Township of Hillside has established that there shall be an Urban Enterprise Zone Coordinator who shall, among other duties, accept applications; verify that the business applicant is within the designated zone; answer questions; dispense information and provide any other legitimate assistance to zone applicants, members and the Township to further the goals of the UEZ program.

Designation of Zone. The Township of Hillside governing body accepts the designation by the Urban Enterprise Zone Authority of the area so described in its zone application and the designation of the zone development plan, as formulated and approved in the previously passed resolution.

Zone Development Corporation.

Statutory authority. Pursuant to N.J.S.A. 52:27H-67, there shall be created a nonprofit corporation, to be incorporated under Title 15A of the New Jersey Statutes, which shall function as the zone development corporation and it shall be known and incorporated under the name "Township of Hillside Zone Development Corporation."

Purpose and function of corporation.

The corporation shall be charged with implementing the zone development plan previously approved by the Township Council and submitted in support of the Township's application for designation of the enterprise zone within the Township of Hillside. The corporation shall implement the zone development plan and shall be responsible to:

Utilize the powers conferred on the municipality by law for the purpose of stimulating investment in and economic development of the UEZ.

Secure involvement in, and commitment to, zone economic development by private entities, including zone neighborhood associations, voluntary community organizations supported by residents and businesses in the zone.

Utilize the powers conferred by law to propose revisions to municipal planning and zoning ordinances and other land use regulations as they pertain to the zone, in order to enhance the attraction of the zone to prospective developers.

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, and the extent to which the increase or improvement is to be provided and financed by the municipal government or by other entities.

The corporation shall be considered to be a local development corporation for the purpose of receiving any state financial or technical assistance as may be available for the purpose of implementing the zone development plan referred to in Subsection A above.

Certificate of incorporation.

The Township of Hillside is hereby authorized to act as an incorporator to create the nonprofit corporation. The Township Clerk is hereby authorized to execute and file a certificate of incorporation containing provisions authorized by and consistent with this section and required by law. The Mayor and the Township Clerk are hereby further authorized to execute any and all additional documents necessary to effectuate the express purposes of this section.

The certificate of incorporation shall include the initial address of the corporation's registered office, which shall be the office address of the Township Clerk of the Township of Hillside and the name of the corporation's initial registered agent who shall be the Township Clerk at that address as required by the New Jersey Nonprofit Corporation Act.[1] Thereafter, the Board of Trustees 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.

Editor's Note: See N.J.S.A. 15A:1-1 et seq.

The certificate of incorporation shall also contain the names and addresses of the Board of Trustees of the corporation and such additional information as may be required by the New Jersey Nonprofit Corporation Act.

Board of Trustees.

The initial Board of Trustees, which shall be broadly representative of the government, businesses and residential communities within the Township of Hillside, shall serve as the Board of Directors of the Corporation and shall be appointed by majority vote of the Township Council, with their names and addresses provided in the Corporation's certificate of incorporation or bylaws, according to law.

The Board of Trustees shall consist of nine members as follows:

Three members of the Township Council whose terms shall run for a period of three years.

Three members from the Township's business community whose terms shall run for a period of one year.

Three resident members from the Township community whose terms shall run for a period of one year.

All members of the Board of Trustees shall serve on a nonsalaried basis and shall serve until a successor is appointed.

Voting procedures. 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 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 Administrator and the hiring of professional, technical and consultant personnel shall require the affirmative vote of 2/3 of the entire Board of Directors.

Bylaws; Enterprise Zone Administrator; hiring of additional personnel.

The Trustees of the Corporation shall develop bylaws for the Corporation, which shall include an executive officer to be known as the Enterprise Zone Administrator. The Board shall develop qualifications for the Zone Administrator, and shall thereafter appoint an administrator who meets these qualifications for a term not to exceed four years. The Board may thereafter reappoint the same individual as Zone Administrator for successive terms, provided that no term shall exceed four years. The Board shall also hire such other persons, including professional persons, as may be necessary for the efficient operation of the Enterprise Zone Corporation. The UEZ Coordinator, if duly qualified, may serve as the Zone Administrator.

The Board shall also hire such other persons, including professional persons or administrative personnel, as may be necessary for the efficient operation of the Enterprise Zone Corporation. Upon the affirmative vote of at least five members 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. Nothing herein shall prevent the Board from entering into an interlocal agreement with a neighboring enterprise zone municipality for the services of an administrator or staff.

Reimbursement of startup money. The Corporation shall reimburse to the Township any start-up monies paid by the Township from funds collected or received by the Corporation as soon as such funds are reasonably available. Once the Corporation has been created and organized, and any initial funds provided by the Township, the Township shall not be compelled to contribute additional funds to the Corporation.

Duration of Corporation. The certificate of incorporation shall provide that the duration of the Corporation shall be for a period of 20 years following the date of incorporation, consistent with N.J.S.A. 52:27H-66, which provides that any designation of an enterprise zone shall be for a period of 20 years and shall not be renewed at the end of that period. Should Title 52 be amended allowing for the existence of designated enterprise zones for a period in excess of 20 years, the certificate of incorporation shall be amended to extend the duration of the corporation for the period of time so designated by state statute.

Tax exempt status. The Board of Trustees of the Corporation is authorized to apply to the federal government for tax-exempt status under Section 501c(3) of the Internal Revenue Code or the corresponding section of any future federal tax code. Consistent with the requirements contained therein, the following provisions apply:

No part of the net earnings of the Corporation shall inure to the benefit of or be distributed to its members, trustees, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in or intervene in (including the publishing or distribution of statements) political campaigns on behalf of any candidate for public office. Furthermore, the Corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501c(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or by a corporation, contributions to which are deductible under Section 170c(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.

Upon the dissolution of the Corporation, assets shall be distributed for one or more exempt purposes within the meaning of Section 501c(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government or to a state or local government for public purposes. Any such assets not disposed of shall be disposed of by a court of competent jurisdiction located within the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organizations as said court shall determine which are organized or operated for such purposes.

Hillside City Zoning Code

§ 188-66

Urban Enterprise Zone.

[Added 5-7-1996; amended 4-24-2007]

Introductory provisions.

Preliminary UEZ establishment. The Township of Hillside, pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq., has been approved as of April 12, 1996, as an Urban Enterprise Zone.

UEZ Coordinator. The Township of Hillside has established that there shall be an Urban Enterprise Zone Coordinator who shall, among other duties, accept applications; verify that the business applicant is within the designated zone; answer questions; dispense information and provide any other legitimate assistance to zone applicants, members and the Township to further the goals of the UEZ program.

Designation of Zone. The Township of Hillside governing body accepts the designation by the Urban Enterprise Zone Authority of the area so described in its zone application and the designation of the zone development plan, as formulated and approved in the previously passed resolution.

Zone Development Corporation.

Statutory authority. Pursuant to N.J.S.A. 52:27H-67, there shall be created a nonprofit corporation, to be incorporated under Title 15A of the New Jersey Statutes, which shall function as the zone development corporation and it shall be known and incorporated under the name "Township of Hillside Zone Development Corporation."

Purpose and function of corporation.

The corporation shall be charged with implementing the zone development plan previously approved by the Township Council and submitted in support of the Township's application for designation of the enterprise zone within the Township of Hillside. The corporation shall implement the zone development plan and shall be responsible to:

Utilize the powers conferred on the municipality by law for the purpose of stimulating investment in and economic development of the UEZ.

Secure involvement in, and commitment to, zone economic development by private entities, including zone neighborhood associations, voluntary community organizations supported by residents and businesses in the zone.

Utilize the powers conferred by law to propose revisions to municipal planning and zoning ordinances and other land use regulations as they pertain to the zone, in order to enhance the attraction of the zone to prospective developers.

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, and the extent to which the increase or improvement is to be provided and financed by the municipal government or by other entities.

The corporation shall be considered to be a local development corporation for the purpose of receiving any state financial or technical assistance as may be available for the purpose of implementing the zone development plan referred to in Subsection A above.

Certificate of incorporation.

The Township of Hillside is hereby authorized to act as an incorporator to create the nonprofit corporation. The Township Clerk is hereby authorized to execute and file a certificate of incorporation containing provisions authorized by and consistent with this section and required by law. The Mayor and the Township Clerk are hereby further authorized to execute any and all additional documents necessary to effectuate the express purposes of this section.

The certificate of incorporation shall include the initial address of the corporation's registered office, which shall be the office address of the Township Clerk of the Township of Hillside and the name of the corporation's initial registered agent who shall be the Township Clerk at that address as required by the New Jersey Nonprofit Corporation Act.[1] Thereafter, the Board of Trustees 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.

Editor's Note: See N.J.S.A. 15A:1-1 et seq.

The certificate of incorporation shall also contain the names and addresses of the Board of Trustees of the corporation and such additional information as may be required by the New Jersey Nonprofit Corporation Act.

Board of Trustees.

The initial Board of Trustees, which shall be broadly representative of the government, businesses and residential communities within the Township of Hillside, shall serve as the Board of Directors of the Corporation and shall be appointed by majority vote of the Township Council, with their names and addresses provided in the Corporation's certificate of incorporation or bylaws, according to law.

The Board of Trustees shall consist of nine members as follows:

Three members of the Township Council whose terms shall run for a period of three years.

Three members from the Township's business community whose terms shall run for a period of one year.

Three resident members from the Township community whose terms shall run for a period of one year.

All members of the Board of Trustees shall serve on a nonsalaried basis and shall serve until a successor is appointed.

Voting procedures. 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 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 Administrator and the hiring of professional, technical and consultant personnel shall require the affirmative vote of 2/3 of the entire Board of Directors.

Bylaws; Enterprise Zone Administrator; hiring of additional personnel.

The Trustees of the Corporation shall develop bylaws for the Corporation, which shall include an executive officer to be known as the Enterprise Zone Administrator. The Board shall develop qualifications for the Zone Administrator, and shall thereafter appoint an administrator who meets these qualifications for a term not to exceed four years. The Board may thereafter reappoint the same individual as Zone Administrator for successive terms, provided that no term shall exceed four years. The Board shall also hire such other persons, including professional persons, as may be necessary for the efficient operation of the Enterprise Zone Corporation. The UEZ Coordinator, if duly qualified, may serve as the Zone Administrator.

The Board shall also hire such other persons, including professional persons or administrative personnel, as may be necessary for the efficient operation of the Enterprise Zone Corporation. Upon the affirmative vote of at least five members 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. Nothing herein shall prevent the Board from entering into an interlocal agreement with a neighboring enterprise zone municipality for the services of an administrator or staff.

Reimbursement of startup money. The Corporation shall reimburse to the Township any start-up monies paid by the Township from funds collected or received by the Corporation as soon as such funds are reasonably available. Once the Corporation has been created and organized, and any initial funds provided by the Township, the Township shall not be compelled to contribute additional funds to the Corporation.

Duration of Corporation. The certificate of incorporation shall provide that the duration of the Corporation shall be for a period of 20 years following the date of incorporation, consistent with N.J.S.A. 52:27H-66, which provides that any designation of an enterprise zone shall be for a period of 20 years and shall not be renewed at the end of that period. Should Title 52 be amended allowing for the existence of designated enterprise zones for a period in excess of 20 years, the certificate of incorporation shall be amended to extend the duration of the corporation for the period of time so designated by state statute.

Tax exempt status. The Board of Trustees of the Corporation is authorized to apply to the federal government for tax-exempt status under Section 501c(3) of the Internal Revenue Code or the corresponding section of any future federal tax code. Consistent with the requirements contained therein, the following provisions apply:

No part of the net earnings of the Corporation shall inure to the benefit of or be distributed to its members, trustees, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in or intervene in (including the publishing or distribution of statements) political campaigns on behalf of any candidate for public office. Furthermore, the Corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501c(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or by a corporation, contributions to which are deductible under Section 170c(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.

Upon the dissolution of the Corporation, assets shall be distributed for one or more exempt purposes within the meaning of Section 501c(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government or to a state or local government for public purposes. Any such assets not disposed of shall be disposed of by a court of competent jurisdiction located within the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organizations as said court shall determine which are organized or operated for such purposes.