[HISTORY: Adopted by the Borough Council of the Borough of
Pemberton 9-19-2022 by Ord. No. 2022-4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance provided that this chapter shall
be known and may be cited as the "Administrative Code of the Borough
of Pemberton" and is herein referred to as the "Administrative Code."
A.
Form
of government. The Borough is governed by the borough form of government
pursuant to N.J.S.A. 40A:60-1 et seq. ("Borough Law"), having an elected
Mayor and six Councilpersons. The Mayor is the chief executive officer.
B.
Purpose
of Administrative Code. The Administrative Code sets forth the manner
in which the Borough Council shall perform its duties. It also sets
forth the titles of the principal municipal officers, how each officer
is appointed, how they are organized into departments, boards, commissions,
and other agencies; whom they supervise, by whom they are supervised;
what powers they have; and what procedure should be followed to carry
on the activities of the government.
C.
The
Administrative Code does not grant any power or authority, nor authorize
any procedure, unless such power, authority or procedure is authorized
implicitly by the wording of the Borough Law or derived by reasonable
implication therefrom.
A.
Mayor.
The Mayor shall be elected by the voters of the Borough at large and
serve for a term of four years and until his or her successor shall
have qualified.
B.
Council.
Each member shall be elected at large and serve for a term of three
years and until his or her successor shall have qualified.
C.
Elections.
There shall be held annually, at the time provided by law for holding
general elections, an election for Borough officers.
D.
Vacancy.
A vacancy in the office of Mayor or Council member shall be filled
in accordance with the provisions of the Municipal Vacancy Law, N.J.S.A.
40A:16-1 et seq., for municipalities holding general elections.
A.
Annual
organization meeting. The Mayor and Borough Council shall hold an
annual organization meeting on the first day of January at 12:00 noon,
or during the first seven days of January in any year.
B.
Election
of President of Council. At the annual meeting the Borough Council
shall, by a vote of a majority of its number, elect a President. The
President of Council shall hold office for one year and until the
next annual meeting. Should the Borough Council fail to elect a Council
President at the annual meeting, the Mayor shall appoint a member
as Council President without confirmation by the other Council members.
C.
Quorum.
Three members of the Borough Council and the Mayor, or, in the absence
of the Mayor, four members of the Borough Council, shall constitute
a quorum for the purpose of conducting a meeting to transact official
business.
D.
Creation
of committees. At the annual organization meeting the Borough Council
may establish committees of the Council as will assist it for the
coming year.
E.
Appointment
of department heads. At the annual organization meeting the Mayor
shall appoint each Councilperson as a department head of the government.
The Business Administrator shall be the department head of the Department
of Inspections, Licenses and Building Codes.
F.
Meetings.
The Borough Council at the annual meeting shall by resolution adopt
a schedule of regular monthly meetings to be held in the F. Lyman
Simpkins Municipal Building at the time and place set forth in the
resolution.
G.
Special
meetings. The Mayor shall, when necessary, call special meetings of
the Borough Council. In case of the Mayor's neglect or refusal,
any four members of the Borough Council may call a special meeting
at such time and place in the Borough as they may designate, and in
all cases of special meetings notice shall be given by the Borough
Clerk to all members of the Borough Council, or left at their places
of residence.
H.
Participation.
Participation at regularly scheduled meetings shall be in person,
with the exception of a state of emergency, or for reasons of the
health and welfare, when meetings may be held by telephone or other
electronic or audio/video device at the direction of the Mayor or
four members of Council.
I.
Rules
of procedure. All meetings of the Borough Council shall be governed
by the most current version of Robert's Rules of Order, with
the Mayor, or his designee, serving as parliamentarian.
A.
The
Mayor shall be the head of the municipal government.
B.
The
Mayor shall have all those powers designated by general law.
C.
The
Mayor shall preside at meetings of the Borough Council and may vote
to break a tie.
D.
Every
ordinance adopted by the Borough Council shall, within five days after
its passage, Sundays excepted, be presented to the Mayor by the Borough
Clerk. The Mayor shall, within 10 days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing his signature
thereto or return it to the Borough Council by delivering it to the
Borough Clerk together with a statement setting forth his/her objections
thereto or any item or part thereof. No ordinance or any item or part
thereof shall take effect without the Mayor's approval, unless
the Mayor fails to return the ordinance to the Borough Council, as
prescribed above, or unless the Borough Council, upon consideration
of the ordinance following its return, shall, by a vote of no less
than four members, resolve to override the veto.
E.
No
ordinance shall be passed, or appointment of any subordinate officer
of the Borough be confirmed, except by a vote of a majority of the
members of the Borough Council present at the meeting, provided that
at least three affirmative votes shall be required for such purpose,
the Mayor voting only in the case of a tie.
F.
If
any ordinance contains more than one distinct section, clause or item,
the Mayor may approve one or more thereof and veto the rest.
G.
The
Mayor shall nominate and, with the advice and consent of the Borough
Council, appoint all subordinate officers of the Borough, unless the
specific terms of the general law clearly require a different appointment
procedure. The Mayor shall make his/her nomination to any such office
within 30 days of that office becoming vacant.
H.
The
Mayor shall see to it that the laws of the state and the ordinances
of the Borough are faithfully executed. The Mayor shall recommend
to the Borough Council such measures as he/she may deem necessary
or expedient for the welfare of the Borough. The Mayor shall maintain
peace and good order and have the power to suppress all riots and
tumultuous assemblies in the Borough.
I.
At
the annual organization meeting the Mayor, without the advice and
consent the Borough Council, shall appoint each member of the Borough
Council to serve as a department head.
J.
The
Mayor, without the advice and consent of the Borough Council, shall
appoint the Class II and Class IV members of the Planning Board, and
the members of the Local Emergency Management Council pursuant to
N.J.S.A. App. A:9-41.
K.
The
Mayor, with the advice and consent of the Borough Council, shall appoint
the Municipal Court Judge, Administrator, Attorney, Engineer and Assessor.
L.
In
the event that the Borough Council fails to elect a President of Council
at the annual organization meeting, the Mayor shall select the President
from among the members.
A.
The
Borough Council shall be the legislative body of the Borough.
B.
The
Borough Council may, subject to general law and the provisions of
N.J.S.A. 40A:60-1 et seq.:
(1)
Pass, adopt, amend and repeal any ordinance or, where permitted,
any resolution for any purpose required for the government of the
Borough or for the accomplishment of any public purpose for which
the Borough is authorized to act under general law;
(2)
Control and regulate the finances of the Borough and raise money
by borrowing or taxation;
(3)
Create such offices and positions as it may deem necessary. The officers
appointed to such offices shall perform the duties required by law
and Borough ordinances. The Borough Council may exempt officers from
the residency requirement by the adoption of an ordinance;
(4)
Investigate any activity of the Borough;
(5)
Remove any officer of the Borough, other than those officers excepted
by law, for cause;
(6)
Override a veto of the mayor by a two-thirds majority of all the
members of the Borough Council;
(7)
Appoint the Borough Clerk, Auditor, Prosecutor and Class III member
of the Planning Board; and
(8)
Cause an annual audit of its books, accounts and financial transactions
to be made and completed within six months after the close of its
fiscal year.
D.
Each
Borough Council member shall serve as the head of a department of
municipal government to be appointed by the Mayor.
E.
The
Borough Council, whenever it fails to confirm the nomination by the
Mayor of any official to a subordinate office of the Borough within
30 days of being presented such nomination, shall make the appointment
to that office, provided that at least three affirmative votes shall
be required for such purpose, the Mayor to have no vote thereon except
in the case of a tie.
A.
President
of Council. The President of the Council shall have the right to debate
and vote on all questions before the Borough Council and shall preside
at all its meetings when the Mayor does not preside.
B.
Acting
Mayor. The President of Council shall perform all the duties of the
Mayor during any period in which the Mayor is absent from the Borough
for three days or more or is unable to perform the duties of his/her
office. Where such absence is intended, the President of Council shall
become the Acting Mayor until the Mayor's return. If the President
of Council is unable to perform the duties of the Acting Mayor, then
the member of Council with the longest term of service may act temporarily
for the President of Council.
Except for the offices and positions of Borough Attorney, Engineer,
Administrator, Tax Collector, Tax Assessor, Construction Official
and Subcode Officials, and Building Inspector, all persons appointed
to an office or position within the Borough shall be residents, unless
residency is not permitted to be required by general law, or Borough
Council exempts an office or position from the residency requirement
by the adoption of an ordinance.
A.
Appointment.
Pursuant to N.J.S.A. 40A:9-133 et seq., there shall be a Borough Clerk
appointed by the Borough Council for a term of three years. Prior
to appointment, the person appointed to the position of Borough Clerk
shall have been qualified by training and experience to perform the
duties of Municipal Clerk and shall hold a registered Municipal Clerk's
certificate.
B.
Duties.
The Borough Clerk shall:
(1)
Act as secretary of the Borough and custodian of the municipal seal
and of all minutes, books, deeds, bonds, contracts, and archival records
of the Borough.
(2)
Act as secretary to the Borough Council.
(3)
Prepare notices of meetings of the Borough Council; prepare meeting
agendas with the Mayor, or in the Mayor's absence, the President
of Council; be present at all meetings of the Borough Council; keep
a journal of the proceedings of every meeting; retain the original
copies of all ordinances and resolutions, and record the minutes of
every meeting, which minutes shall be signed by the officer presiding
at the meeting and by the Clerk.
(4)
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19.
(5)
Serve as chief registrar of voters, subject to the requirements of
Title 19.
(6)
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, unless by statute or ordinance this responsibility has
been assigned to another Borough officer.
(7)
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47.
(8)
Serve as the custodian of government records pursuant to N.J.S.A.
47:1A-1 et seq. and public records pursuant to the common law.
(9)
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except the Borough Clerk's
own bond, which shall be placed in the custody of the Treasurer or
Assistant Treasurer; of all insurance policies upon or with respect
to risks insured for the benefit of the Borough or to protect it against
any claim, demand or liability whatsoever; and all formal contract
for work, labor, services, supplies, equipment and materials to which
the Borough may be a party.
(10)
Be the depository for, and have custody of, all performance and maintenance
bonds running to the Borough as obligee, or any other form of security
given by any contractor, developer or other persons on account of
work done or to be done in or for the Borough.
(11)
Have custody of all leases of property owned or rented by the Borough.
(12)
Report to the Mayor and Borough Council annually, at such time as
the Council may require, on the coverage, expiration date and premium
of each surety bond and contract of insurance; the nature and terms
of outstanding leases, the rent reserved by each and their respective
expiration dates.
(13)
Perform such other duties as are now or hereafter imposed by statute,
regulation or by municipal ordinance or regulation.
A.
Appointment;
term; removal.
(1)
Appointment. Pursuant to N.J.S.A. 40A:9-136 and N.J.S.A. 40A:9-138,
there shall be a Borough Administrator appointed by the Mayor with
the advice and consent of the Borough Council.
(2)
Term. The Borough Administrator shall be appointed to a one-year
term of office or such other term at the pleasure of the Borough Council.
(3)
Removal. The Borough Administrator may be removed by a two-thirds
vote of the Borough Council. The resolution of removal shall become
effective three months after its adoption by the Borough Council.
Should the Borough Council determine that the resolution have immediate
effect, the Borough Administrator shall be paid any unpaid balance
of the Borough Administrator's salary, and the Borough Administrator's
salary for the next three calendar months following the adoption of
the resolution.
B.
Qualifications.
The Borough Administrator shall be appointed on the basis of administrative
qualifications with special regard to education and training in government
affairs and business, experience in the public sector and knowledge
of the Borough.
C.
Duties
and responsibilities. The Borough Administrator shall be the chief
administrative officer of the Borough. The Borough Administrator shall
have the following duties and responsibilities:
(1)
The development of rules and regulations, and administrative procedures,
governing the operation of all departments of Borough government.
All rules and regulations shall be operative upon the approval of
the Borough Council.
(2)
The assignment of responsibilities to, and supervision of, employees
in each department in consultation with the department head.
(3)
Representation of the Borough in its relations with other public
entities, and to evaluate and recommend to the Mayor and Borough Council
shared services, contracts, franchises, and other business transactions.
(4)
To receive and respond to inquiries and complaints related to the
Borough and to provide necessary guidance when possible.
(5)
Attendance at meetings of the Borough Council.
(6)
Creation and implementation of sound personnel policies; the maintenance
of employee records, and recommending to the Mayor and Borough Council
the hiring and discipline of employees.
(7)
To study, recommend, implement and enforce procedures and policies
for the receipt, dissemination and collation of, and responses to,
communications and requests for information.
(8)
To communicate with residents concerning matters of public concern
on behalf of the Mayor and Borough Council.
(9)
To review with each department and office annual budget requests
for recommendation to the Mayor and Borough Council.
(10)
To assure compliance with the provisions of all contracts, franchises,
leases, permits and privileges entered into, or granted by, the Borough.
(11)
To recommend to the Borough Council legislation for the benefit of
the residents.
(12)
To review all submissions for payment, and recommend when appropriate,
with the consent of department heads, the payment of all bills and
vouchers in compliance with the governing statutes and administrative
regulations.
(13)
Coordinate the inventory by each department of equipment and furniture,
materials and supplies, and maintain a record of the same, and recommend
to the Mayor and Council the sale of any surplus, obsolete, or unused
equipment.
(14)
Serve as department head of the Department of Licenses and Inspections.
The Borough's government, in addition to the Mayor, Borough
Council, Borough Clerk, Borough Administrator, Tax Collector and Tax
Assessor, shall be divided into the following departments: Finance;
Licenses and Inspections; Electric; Water and Sewer; Police; Building
and Grounds; and Streets and Roads.
A.
Powers and duties of department heads. A department head shall be
the liaison to the Mayor and Borough Council. Subject to the provisions
of the Administrative Code, a department head shall provide information
and report on the work of the department at the Borough Council meetings;
consult with department employees and report to the Mayor and Borough
Administrator; review and recommend for payment bills and claims chargeable
to the department, or recommend nonpayment with supporting reasons;
and exercise such other powers and duties as may be directed by the
Mayor and Borough Council.
There shall be a Department of Finance which shall consist of
the following divisions: Treasury, Taxation, and Assessments.
A.
Division of Treasury. The Division of the Treasury's duty is
to enforce legal provisions requiring an encumbrance system for budget
operation, and to assure that expenditures are made in accordance
with established procedures for the pre-audit of all claims and demands
prior to their payment. The Division shall establish procedures to
ensure that all payments made out of any public funds are in accordance
with governing statutes and administrative regulations.
(1)
Chief Financial Officer and Treasurer. Pursuant to N.J.S.A. 40A:9-140.10,
the Borough Council shall appoint a Chief Financial Officer, and pursuant
to N.J.S.A. 40A:9-152, a Treasurer. The Chief Financial Officer shall
be appointed for a four-year term, which shall run from January 1
in the year in which the Chief Financial Officer is appointed. The
salary for the Chief Financial Officer shall be set forth in the Salary
Ordinance,[1] and any vacancy shall be filled in accordance with N.J.S.A.
40A:9-140.8. The Borough Council may also enter into a shared service
agreement for the services of a Chief Financial Officer.
[1]
Editor's Note: The currently effective Salary Ordinance
is on file in the Borough offices.
(2)
Powers and duties. The Chief Financial Officer and the Treasurer
under the direction of the Chief Financial Officer shall have, perform
and exercise all of the functions, powers and duties provided by general
law and Borough ordinances. Under the supervision of the Chief Financial
Officer, the Treasurer shall keep and maintain books and records of
all financial transactions in accordance with the standards and requirements
of the state. The Treasurer shall have custody of all public monies
and shall make monthly reports to the Chief Financial Officer of all
receipts, expenditures, commitments and unexpended appropriations.
All monies received from any source by or on behalf of the Borough,
except as may otherwise be provided by Borough ordinance, shall be
paid to the Chief Financial Officer or the Treasurer under the direction
of the Chief Financial Officer, who shall, by the next ensuing bank
day following receipt, deposit the monies to the credit of the Borough
in the authorized depository to the credit of the proper account.
The Chief Financial Officer, or Treasurer under the direction of the
Chief Financial Officer, shall review and supervise the Borough's
insurance program. The Treasurer, under the supervision of the Chief
Financial Officer, shall aid the Administrator and department heads
in the preparation of the budget.
(3)
Disbursements. Payment of bills and demands, other than for payroll,
shall be made by the Chief Financial Officer or Treasurer under the
Direction of the Chief Financial Officer following pre-audit of the
documentation supporting the request for payment, and recommendation
of the department head and Business Administrator, upon approval by
the Mayor and Council. Every warrant shall be in the form of a warrant
check payable to the order of the person entitled to receive it, and
shall specify the purpose for which it is drawn and the account or
appropriation to which it is chargeable. Each warrant check shall
bear the signatures of the Mayor or Acting Mayor and the Chief Financial
Officer or Treasurer under the direction of the Chief Financial Officer.
(4)
Payroll account. Employees shall be paid from the payroll account,
including social security, pension and insurance, with the same signatories
as for disbursements above. Employees who are full-time will be paid
biweekly. Employees who are part-time will be paid monthly or quarterly
as set forth in the Salary Ordinance.
B.
Division of Taxation.
(1)
Tax Collector. The Tax Collector shall be in charge of the Division
of Taxation and shall be appointed by the Mayor. The Borough Council
may, by resolution, set appropriate hours of operation of the Tax
Collector's office and the work hours of the Tax Collector, commensurate
with the compensation paid to the Tax Collector, and all personnel
assigned to the Tax Collector's office. The office of Borough
Tax Collector and Treasurer or Borough Clerk may be held by the same
person. The Tax Collector shall receive and collect all moneys assessed
or raised by taxation or assessment for any purpose. The Tax Collector
shall enter in suitable books or other records to be kept by the Tax
Collector the sums received each day together with the account to
which each receipt is credited. Within 48 hours after the receipt
of any moneys of the Borough, or on the first banking day thereafter,
the Tax Collector shall deposit such moneys in the authorized public
depository of the Borough to the credit of the appropriate account.
The Tax Collector shall report to the Borough Council at least once
each month, at the same time as the Treasurer is required to report,
all receipts and deposits and cash on hand belonging to the Borough.
Within 60 days after the end of the fiscal year, and at such other
times as may be required by the Borough Council, the Tax Collector
shall make and furnish a detailed and true list of all delinquent
taxpayers for the next preceding year or for such period as the Borough
Council may require. The Tax Collector shall also prepare and mail
each tax bill, prepare tax sales, and provide the Borough Solicitor
for foreclosure all tax sale certificates held by the Borough.
(2)
Tax Search Officer. The Borough Council by resolution shall designate
an official of the Borough to make examinations of its records as
to unpaid municipal liens and to certify the result thereof. The official
so designated shall thereafter be vested with the power to make official
certificates of searches for municipal liens until a new official
has been designated for the purpose, and no other official than the
one so designated shall make any such official certificate.
C.
Division of Tax Assessments. Tax Assessor. The Tax Assessor shall
be in charge of the Division of Tax Assessments. The Tax Assessor
shall hold a Tax Assessor certificate and shall have the primary duty
of assessing property for the purpose of general taxation. The Tax
Assessor shall be appointed by the Mayor, who may set the total number
of weekly hours of operation of the Tax Assessor's office and
the total number of weekly work hours of the Tax Assessor commensurate
with compensation paid to the Assessor, but shall not set the specific
work hours of the Tax Assessor. The Tax Assessor shall, among other
duties prescribed by law for the office of Tax Assessor, maintain
adequate assessment records of each separate parcel of real property,
and oversee the tax map of the Borough.
The Department of Licenses and Inspections is created to place
within one department the inspection personnel of the Borough responsible
for enforcement of the Uniform Construction Code, property maintenance
and zoning ordinances of the Borough.
A.
Uniform Construction Code.
(1)
Construction Official. The Construction Official shall be appointed by the Mayor for a four-year term. The Construction Official shall be in charge of compliance with the Uniform Construction Code as set forth in Chapter 77, and shall report to the Borough Administrator.
(2)
Duties of Construction Official. The Construction Official shall
perform the following duties:
(a)
Establish the day-to-day operating routines of the agency and
coordinate the activities of the subcode officials.
(b)
Inspect all plans to determine if they are in accord with, comply
with and are proper under the building, fire and other ordinances
of the Borough and the statutes of the State of New Jersey relating
to construction, alteration, report, removal, demolition, erection,
addition to, installation of service equipment, location, use, occupancy
and maintenance of all buildings, structures and lands within the
Borough of Pemberton.
(c)
Receive all applications for building permits, together with
the necessary fees, and issue all permits for building, erection,
alteration, repair, removal or otherwise to any building and structure
subject to the Uniform Construction Code.
(d)
Periodically inspect all building and structures in the course
of erection and alteration to ascertain if there is conformity to
the Uniform Construction Code, zoning and other ordinances of the
Borough as to buildings and structures and the land use.
(e)
Enforce all provisions of building, zoning and other ordinances
of the Borough relating to building and structure erection, removal,
or alteration, and land use, in cooperation with other Borough officials
and agencies.
(f)
Attend such educational training to stay abreast of new developments
in the building industry.
(g)
Periodically inspect and check the Borough for violation of
zoning, building, plumbing and other ordinances, and, when deemed
necessary, with the approval of the Mayor and Borough Council, obtain
expert opinions.
(h)
Maintain in the Municipal Building official records of applications
received, permits and certificates issued, fees collected, reports
of inspections and notice and orders issued in accordance with the
requirements of the Department of Community Affairs.
(i)
Make official reports to the Mayor and Council of the activities
of the Division of Inspections, together with recommendations for
changes and improvements.
(j)
Consult with the Borough Administrator and Borough Solicitor
regarding appropriate action to be taken to correct violations of
the building codes.
(3)
Subcode Officials. Subcode Officials shall enforce the provisions
of those subcodes for which they are responsible and for which they
have been appointed by the Mayor for a four-year term. Each Subcode
Official shall be responsible for the administration and enforcement
of the appropriate subcode, subject to the procedures as administered
by the Construction Official. However, each Subcode Official shall
have exclusive decisionmaking authority with respect to the technical
provisions of the subcode for which he has been appointed the official.
(4)
Acting appointments. The Mayor shall appoint an acting Construction
Official or Subcode Official any time the absence of such official
would impede orderly administration of the Uniform Construction Code
and other duties mandated by the Borough. Notice to the Department
of Community Affairs shall be provided within seven days any time
an appointment is made for more than 30 days. Acting appointments
may not be made for longer than 60 days, nor may they be extended
or renewed beyond 60 days unless specific authority to do so is granted,
in writing, by the Department. Only an individual licensed as a Construction
Official may be appointed as an acting Construction Official and only
an individual licensed as a Subcode Official in a particular subcode
may be appointed as an acting Subcode Official for that subcode. Acting
appointments shall not constitute the statutory four-year term for
Construction and Subcode Officials or any portion thereof.
(5)
Identification. The Borough shall provide the Construction Official,
each Subcode Official and each inspector with personal identification
which includes the name of the Borough, and the name, title and photograph
of the individual. The identification shall be validated by the Borough.
(6)
Reappointment of Construction and Subcode Officials. At least 30
days prior to the expiration of the statutory four-year term of office
of a Construction or Subcode Official, the Mayor shall give written
notice to the official indicating whether or not he or she is going
to be reappointed. In the event that the official is neither reappointed,
nor given written notice that he or she is not being reappointed,
prior to the date of expiration of the statutory four-year term of
office, the official shall be deemed to have been appointed to serve
in an acting capacity for a period of not more than 60 days. The Borough
must notify the Department of Community Affairs within seven days
any time any acting appointment will exceed 30 days. In the event
that the official is neither reappointed, nor given written notice
that he or she is not being reappointed, prior to the expiration of
the sixty-day period following the date of expiration of the prior
statutory four-year term of office, the Department of Community Affairs,
in such circumstance, shall not extend any such acting appointment
and the official shall be deemed to have been reappointed, such reappointment
being effective retroactively to the date of expiration of the prior
statutory four-year term.
(7)
Central office. The Borough shall establish a central permit office
under the direction and supervision of the Construction Official.
This office shall receive applications for construction permits and
plan review, issue construction permits and certificates of occupancy,
collect fees, penalties, fines and issue notices, and orders. The
office shall be open during normal business hours at times to be determined
by the Borough Administrator. These times shall be posted in a conspicuous
place and shall be comparable with the amount of construction activity
in the Borough.
(8)
Construction and Subcode Officials consultation; inspections. The
Construction Official and the Subcode Officials shall be available
for consultation and discussion during normal business hours at scheduled
times to be determined by the Construction Official. All inspections
may take place between 7:00 a.m. and 6:00 p.m. on business days or
on days and at times at which construction is taking place or at such
other times as may be acceptable to the owner or the owner's
representative, or otherwise in case of emergency.
B.
Property maintenance and zoning enforcement.
(1)
Code Enforcement/Zoning Officer. The Code Enforcement/Zoning Officer
shall be appointed by the Mayor to a one-year term. The Code Enforcement/Zoning
Officer shall be responsible for enforcement of the property maintenance
provisions of the Borough Code and state regulations, and zoning regulations,
and shall report to the Business Administrator.
(2)
Duties of Code Enforcement/Zoning Officer. The Code Enforcement/Zoning
Officer shall perform the following duties:
(a)
Conducts inspections for the issuance of permits and to ensure
enforcement of the Borough's property maintenance regulations.
(b)
Investigates complaints of property maintenance, solid waste,
zoning and such other ordinance violations as are the responsibility
of the Code Enforcement Officer to enforce.
(c)
Prepares necessary reports concerning violations.
(d)
Prepares and maintains necessary records and files.
(e)
Initiates legal proceedings against persons who violate Borough
ordinances and regulations.
(f)
Attends meetings of the Borough Council and Planning Board when
requested.
(g)
Appears and testifies in court when required.
(h)
Submits monthly reports of inspections made including names
and addresses of owners of premises, dates of inspection, code violations,
if any, notices of violations served, complaints filed with courts
or agencies, and dates of compliance or disposition of cases.
The Electric Department operates the Borough's electric utility as set forth in Chapter 90 under the direction of the Borough Administrator. The foreman, who has overall day-to-day responsibility for the operation of the Electric Department, shall be appointed by the Mayor for a one-year term. The Borough shall also employ linemen who are licensed electricians who work part-time for the Borough to maintain the electric utility. The Borough Administrator is responsible for assuring that the Borough complies with all governing federal and state regulations.
The Water and Sewer Department operates the Borough's water and sewer utilities as set forth in Chapter 205 under the direction of the Borough Administrator. The licensed Water-Sewer Operator shall hold the appropriate license issued by the New Jersey Department of Environmental Protection and shall be appointed by the Mayor for a one-year term.
The structure and organization of the Police Department are set forth in Chapter 31. The Borough Council member who is annually appointed by the Mayor as the Commissioner is the liaison between the Mayor, Borough Council and the Police Department. The Chief of Police shall be responsible for the day-to-day operations of the Police Department.
The Department of Public Property, Buildings and Grounds is
responsible for the maintenance of the Borough's property under
the supervision of the Public Works Coordinator, who shall be appointed
by the Mayor for a one-year term, and who shall be under the direction
of the Borough Administrator. Among the duties of the Department of
Public Property, Buildings and Grounds are to operate, maintain and
repair Borough-owned facilities; trim, plant, and maintain Borough
parks, and trees on public property; maintain and repair athletic
fields, playgrounds, dog parks and recreational areas; and control
the care, use and disposition of Borough vehicles.
The Department of Streets and Roads is responsible for the maintenance
of the Borough's streets and roads under the supervision of the
Public Works Coordinator, who shall be appointed by the Mayor for
a one-year term, and who shall be under the direction of the Borough
Administrator. Among the duties of the Department of Streets and Roads
are identifying streets in need of temporary repair, such as potholes;
correcting drainage and other issues; maintaining and installing signage
for traffic control, and assuring streets and roads are maintained
for the health and public safety of the Borough residents.
Salaries shall be set in the annual Salary Ordinance, which
may set forth a range of salary for each office or position.[1] Council, by resolution, shall fix each officer's
or employee's salary within the range for each office or position
or in accordance with any contract.
[1]
Editor's Note: The currently effective Salary Ordinance
is on file in the Borough offices.
The Borough Engineer must be a licensed engineer in the State
of New Jersey, or a firm so licensed, who shall be appointed by the
Mayor with the advice and consent of the Borough Council for a term
of one year. Compensation shall be as set forth in the professional
services agreement. The Borough Engineer shall perform such duties
as are prescribed by general law and ordinance, and shall be responsible
for the preparation of plans, designs and specifications for public
works and improvements; preparation of bid documents and funding applications,
surveys, and tax maps; providing technical and engineering advice,
and performing such other duties as directed by the Mayor and Borough
Council. All papers, documents, memoranda, reports and other materials
relating to the duties of the Borough Engineer shall be and remain
the property of the Borough, and shall be provided to the Borough
Engineer's successor upon the conclusion of the Borough Engineer's
appointment.
The Borough Attorney must be a licensed attorney in the State
of New Jersey, or a firm so licensed, who shall be appointed by the
Mayor with the advice and consent of the Borough Council for a term
of one year. Compensation shall be as set forth in the professional
services agreement. The Borough Attorney shall represent the Borough
in judicial and administrative proceedings in which it or any Borough
officers or employees are a party, or in which the Borough has an
interest, and, with the approval of the Mayor and Borough Council,
to enter into settlements of any such proceeding. The Borough Attorney
shall be the legal advisor to the Mayor and Borough Council; review
and/or prepare necessary ordinances and resolutions, legal documents,
deeds, and agreements; render opinions concerning Borough government,
and provide advice and guidance concerning municipal law; and render
such other legal services as directed by the Mayor, Borough Council
or Administrator. All papers, documents, memoranda, reports and other
materials relating to the duties of the Borough Attorney shall be
and remain the property of the Borough and shall be provided to the
Borough Attorney's successor upon the conclusion of the Borough
Attorney's appointment.
A.
Local Registrar of Vital Statistics.
(1)
There shall be a Local Registrar of Vital Statistics appointed by
the Borough Council for a three-year term and until a successor has
been appointed and qualified. If the Borough Clerk is also the Local
Registrar, the term of office shall be concurrent with the term of
the Borough Clerk. A vacancy in the office shall be filled by the
Borough Council for the unexpired term.
(2)
The Local Registrar shall:
(a)
Strictly and thoroughly enforce the law relative to the disposal
of dead bodies and the registration of vital records in the Borough;
(b)
Supply blank forms of certificates to such persons as require
them;
(c)
Supply to every physician, midwife, and funeral director a copy
of the law relative to the registration of vital records and the disposal
of dead bodies, together with such rules and regulations as may be
prepared by the State Registrar relative to their enforcement;
(d)
Sign the Local Registrar's name and insert the date of
filing on each certificate of birth, marriage, civil union, domestic
partnership and death or otherwise authenticate the Local Registrar's
identity through the NJ-EDRS as prescribed by the State Registrar;
(e)
Examine each certificate of birth, marriage, civil union, domestic
partnership or death when presented for record in order to ascertain
whether or not it has been made in accordance with law and the instructions
of the State Registrar; and if incomplete and unsatisfactory, have
the same corrected;
(f)
At the Borough's expense, make a complete and accurate
copy of each birth, marriage, civil union, domestic partnership and
death certificate registered by the Local Registrar on a form or in
a manner prescribed by the State Registrar, to be preserved in the
Local Registrar's office as the local record or in the NJ-EDRS
as prescribed by the State Registrar;
(g)
On the 10th day of each month or sooner if requested by the
department, transmit to the State Registrar all original birth, marriage,
civil union, domestic partnership and death certificates received
for the preceding month, except that a record created on the NJ-EDRS
as prescribed by the State Registrar shall be deemed to have been
transmitted. If no births, marriages, civil unions, domestic partnerships
or deaths occurred in any month, the Local Registrar shall, on or
before the 10th day of the following month, report that fact to the
State Registrar on a card provided for such purpose;
(h)
Make an immediate report to the State Registrar of any violation
of N.J.S.A. 26:6-1 et seq., N.J.S.A. 26:8-1 et seq., N.J.S.A. 37:1-1
et seq. or N.J.S.A. 37:1-28 et seq. coming to the Local Registrar's
knowledge;
(i)
In the case of any birth in the Borough to parents who are residents
of another registration district or of the marriage or civil union
in the Borough of any couple who obtained the marriage or civil union
license in another registration district, or of the death in the Borough
of any person who at the time of death was a resident of another registration
district, notify the Registrar of the other registration district,
within five days of the birth, marriage, civil union or death, on
forms prescribed by the State Registrar. All entries relating to cause
of death on the original certificate shall be entered on the death
form sent to the Registrar of the other registration district. A record
created on the NJ-EDRS as prescribed by the State Registrar shall
be deemed to have been transmitted to the Registrar of the other registration
district;
(j)
Mark the birth certificate of a missing child born in the Borough
when notified by the State Registrar pursuant to N.J.S.A. 52:17B-9.8c;
(k)
Make computer facilities with access to the NJ-EDRS available
to funeral directors and physicians registered with the NJ-EDRS, within
the Local Registrar's regular established business hours, for
the purpose of providing information necessary to complete a death
record.
B.
Deputy Registrar; Alternate Deputy Registrars.
(1)
The Local Registrar, immediately upon acceptance of the appointment,
shall appoint a Deputy Registrar to assist in the daily operation
of the office, and whose duty shall be to act in the Local Registrar's
stead in the case of absence, disability or death. In the case of
the death of the Local Registrar, the Deputy shall serve until a new
Local Registrar has been appointed and qualified. The Local Registrar
may appoint one or two Alternate Deputy Registrars as deemed necessary
for the office to function efficiently and to provide quality service
to the public.
(2)
The Deputy Registrar and Alternate Deputy Registrar shall have the
authority to receive birth certificates and death certificates; to
issue burial permits, and copies of birth, death, marriage, civil
union and domestic partnership certificates; to take the oath on marriage
and civil union licenses and register domestic partnerships. The Deputy
Registrar and Alternate Deputy Registrar shall receive instructions
from and perform their duties under the direct supervision of the
Local Registrar. The Deputy Registrar and any Alternate Deputy Registrar
shall serve at the pleasure of the Local Registrar.
A.
The Mayor shall appoint an Emergency Management Coordinator from
among the residents of the Borough for a term of three years. If a
resident cannot be recruited, the Mayor may appoint a qualified nonresident
who must be a resident of Burlington County. As a condition of appointment,
and the right to continue for the full term, the Emergency Management
Coordinator shall have successfully completed at the time of his/her
appointment, or within one year immediately following his/her appointment,
the current approved Home Study Course and the basic Emergency Management
Workshop. Failure to fulfill this requirement shall disqualify the
Coordinator from continuing in the office and a vacancy shall be deemed
to have been created.
B.
The Emergency Management Coordinator shall be responsible for the
planning, activating, coordinating, and the conduct of emergency management
operations within the Borough. Whenever the Emergency Management Coordinator
shall have determined that a disaster has occurred or is imminent
in the Borough, the Emergency Management Coordinator shall proclaim
a state of local disaster emergency within the Borough. The Emergency
Management Coordinator, in accordance with regulations promulgated
by the State Director of Emergency Management, shall be empowered
to issue and enforce such orders as may be necessary to implement
and carry out emergency management operations and to protect the health,
safety, and resources of Borough residents.
The Mayor shall appoint a Certified Recycling Professional for a one-year term to oversee recycling within the Borough in accordance with Code § 172-7 et seq., "Recycling." The duties of the Certified Recycling Professional include preparing and submitting all necessary forms required by the County of Burlington Department of Solid Waste Regional Recycling Program and the State of New Jersey Department of Environmental Protection (NJDEP); preparing and submitting the annual tonnage grant application to the NJDEP; coordinating enforcement with the Borough Code Enforcement Officer; responding to inquiries from residents concerning recycling; distributing the annual recycling schedule to residents, and such other duties as may be assigned by the Borough Administrator to address the Borough's recycling obligations.
