Township of Mendham, NJ Boards, Committees and Commissions

All of the members of the Board of Health shall be residents of the Township. No person who is a member of the Township Committee, Township Planning Board or Township Zoning Board of Adjustment shall be a member of the Board of Health.

All members shall be appointed for terms of three years. A vacancy shall be filled by appointment for the unexpired term only.

Members of the Board of Health shall serve without compensation, except that a member of the Board who is serving as Secretary may be compensated for services rendered in maintaining records of the Board and for the issuance of licenses and permits.

Powers and duties. The Board of Health shall have the power and authority to adopt ordinances relating to the protection of the health of Township residents, shall employ necessary personnel and fix their salaries, and shall have under its jurisdiction the Bureau of Vital Statistics of the Township, the Health Officer and such other employees as are necessary to carry out its duties. The Board of Health shall have all of the jurisdiction conferred upon boards of health by Title 26 of the New Jersey Statutes.

§ 10-41 Environmental Commission.

[Amended by Ord. No. 8-1974]

Established. Pursuant to the provisions of N.J.S.A. 40:56A-1 et seq., there is hereby established in the Township an Environmental Commission for the protection, development or use of natural resources, including water resources, located within the Township.

Membership; appointment of members; terms; Chairman.

[Amended by Ord. No. 5-1988; Ord. No. 28-1990]

The Environmental Commission shall consist of seven regular members and two alternate members, all of whom shall be residents of the Township.

Regular members. Each regular member shall be appointed by the Mayor for a term of three years. One of the regular members shall be a member of the Township Planning Board. A vacancy occurring otherwise than by the expiration of a term shall be filled by appointment by the Mayor for the unexpired term.

Alternate members. Each alternate member shall be appointed by the Mayor for a term of two years. A vacancy occurring otherwise than by the expiration of a term shall be filled by appointment by the Mayor for the unexpired term.

Chairman. Each year at the organization meeting of the Township Committee the Mayor shall designate one of the regular members to serve as Chairman of the Environmental Commission.

Members of the Environmental Commission shall serve without compensation.

No member shall act on any matter in which the member has either directly or indirectly any personal or financial interest.

Powers. The Environmental Commission shall have the following powers:

[Amended by Ord. No. 5-1988]

To study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance and protection of flora and fauna.

To conduct research into the use and possible use of the open land areas of the Township and to coordinate the activities of unofficial bodies organized for similar purposes, and to advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, publicly and privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and recommend to the Township Planning Board plans and programs for inclusion in a municipal master plan for the development and use of such areas.

Subject to the approval of the Township Committee, to acquire property, both real and personal, in the name of the Township by gift, purchase, grant, bequest, devise or lease for any of its purposes and to administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions) as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the Township.

Records: annual report. The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Township Committee.

[Added by Ord. No. 5-1988]

Expenditures. Expenditures by the Environmental Commission shall be within the limits of funds appropriated to it by the Township Committee.

[Added by Ord. No. 5-1988]

§ 10-42 Parks and Recreation Advisory Committee.

[Added 12-18-2017 by Ord. No. 15-2017[1]]

Creation. There is hereby created a Parks and Recreation Advisory Committee of the Township of Mendham.

Membership. The Parks and Recreation Advisory Committee of the Township of Mendham shall be composed of 12 members, to be appointed as follows:

Class I: up to nine residents of the Township of Mendham or other interested parties, and including one member of the Mendham Township Environmental Commission, appointed at large by the Mayor and the Township Committee for terms of two years, said terms to commence on January 1 of the year of appointment. Within this class of appointees, there exists two groups, having staggered anniversary dates:

Group I consists of that group (initially) appointed for a term designated as two years and shall be constituted with up to five members, three of whom shall be representative of active local sports clubs and two shall be at large.

Group II consists of that group appointed or their successors (initially appointed) for a term designated as one year and shall be constituted with up to four members.

All reappointments shall be for two-year terms.

Class II: the Parks and Recreation Liaison of the Township Committee, a representative from the Department of Public Works, and the Township Parks and Recreation Director, their terms to correspond to their terms of appointment by the Township Committee.

Vacancies. In the event that any member of the Parks and Recreation Advisory Committee shall resign or be unable to serve for any reason as a member of said Committee, the vacancy created thereby shall be filled for the remainder of his/her term in the manner provided for appointments under Subsection B above.

Powers and duties.

It shall be the duty of the Parks and Recreation Advisory Committee of the Township of Mendham to:

Make studies, surveys and recommendations to the Mendham Township Committee with respect to recreation programs and the planning, development, construction and maintenance of the recreation facilities of the Township of Mendham.

Recommend to the Township Committee the fees, if any, to be charged for use of said recreation facilities.

Recommend to the Township Committee rules and regulations to be adopted with respect to the use of the Township recreation facilities.

(d)

Make recommendations to the Township Committee on any other matters which may be referred to the Committee by the Township Committee.

The Parks and Recreation Advisory Committee shall have no powers other than those set forth herein and shall not commit the Township of Mendham to the commission or omission of any act or thing, nor shall it establish any policy of the Township of Mendham, nor shall it waive any policy, rules, regulations or ordinances previously established by the Township of Mendham.

Expenditures. The Parks and Recreation Advisory Committee shall have no authority to expend any money or incur any expense or commit the Township of Mendham to the expenditure of any money unless and until the same shall have been specifically authorized and approved by the Township Committee of the Township of Mendham.

Meetings; officers.

Meetings shall be held at such time and place as shall be determined annually by resolution of the Parks and Recreation Advisory Committee, but there shall be an annual meeting for Committee organization, to be held during January of each year.

There shall be elected at the annual organization meeting each year a Chairperson and a Vice Chairperson, both of whom shall hold office for one year and be elected by a majority vote of the Committee.

Editor's Note: This ordinance also provided an effective date of 1-1-2018.

§ 10-43 Emergency squad.

Recognition; reports.

[Amended by Ord. No. 7-1981]

The emergency squad, known as the Mendham Township First Aid Squad, Inc., shall be under the control of the Township Committee and shall operate within the confines of the Township and such adjacent areas as are deemed reasonable by the Captain of the squad.

The squad shall submit to the Chairman of the Standing Committee of the Township Committee quarterly written reports of its activities, such reports to be made available prior to the first meeting of the Township Committee in April, July, October and January. The squad shall also submit an annual written report prior to the organization meeting of the Township Committee in January.

Members and officers; duties. All applications for membership in the First Aid Squad shall be approved by the Township Committee. The Captain and other Line Officers of the First Aid Squad shall be sworn in by the Township Clerk prior to the commencement of their terms in office, and they shall be vested with the powers of Special Police Officers of the Township for the purpose on controlling traffic while they are engaged in and present at first aid calls.

§ 10-44 Office of Emergency Management.

There shall be an Office of Emergency Management pursuant to N.J.S.A. App. A:9-41, and a Director thereof. The Police Department and all departments of the Township government shall cooperate with and assist the office as required.

§ 10-45 Open Space Trust Committee.

[Added by Ord. No. 10-1998]

Establishment. There is hereby established an Open Space Trust Committee consisting of 11 members, of whom nine shall be regular members and two shall be alternate members, all of whom shall be appointed by the Township Committee.

[Amended 9-11-2000 by Ord. No. 14-2000]

Membership; terms. All of the members of the Open Space Trust Committee shall be residents of the Township who shall serve without compensation. One member shall be a member of the Township Committee whose term shall end on December 31 of the year in which such member is appointed. The membership may include, but shall not be limited to, a representative from each of the Planning Board, Environmental Commission, Board of Recreation Commissioners and Historic Preservation Committee, as well as other citizens of the Township. The term of the regular members other than the member of the Township Committee shall be three years or until the appointment and qualification of a successor, provided that of the regular members initially appointed pursuant to this section, two shall be appointed to hold office until December 31, 1998, three shall be appointed to hold office until December 31, 1999, and three shall be appointed to hold office until December 31, 2000. The two alternate members shall be designated at the time of their appointment as Alternate No. 1 and Alternate No. 2, shall have terms of two years or until the appointment and qualification of a successor, provided that in the initial appointments Alternate No. 1 shall be appointed for a term of two years and Alternate No. 2 for a term of one year. A vacancy shall be filled by appointment for the unexpired term only.

[Amended 9-11-2000 by Ord. No. 14-2000]

Powers and duties. The Open Space Trust Committee shall recommend the acquisition of specified lands in fee, the acquisition of specified easements and/or the acquisition of development rights to specified lands. The Committee shall prioritize the acquisitions recommended. The Township Committee shall determine which properties, easements or development rights should be acquired and shall determine the amount of funds that the Committee shall make available for the recommended acquisition. After selection of the lands, easements or development rights as hereinabove provided, the Township may proceed to acquire by gift, purchase or by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq., the identified lands, easements or development rights within the financial constraints established by the Township Committee.

Public meetings. The Open Space Trust Committee shall hold public meetings in accordance with the Open Public Meetings Act, giving required notification of its meetings.

Officers. The Open Space Trust Committee shall select from among its regular members a Chairman and a vice Chairman, who shall serve as the presiding officer in the absence of the Chairman. The Committee shall also select from its regular members a secretary whose function shall be to maintain minutes of the Committee's meetings and records of its proceedings.

[Amended 9-11-2000 by Ord. No. 14-2000]

Funding.

Trust fund. There is hereby established a reserve in the Township's general capital fund which shall be known and designated as the "Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund," hereinafter the "Open Space Trust Fund." A separate bank account shall be opened and maintained exclusively for this purpose.

Source of funds. The Open Space Trust Fund shall be funded through the dedication to the fund of an amount not to exceed $0.04 per $100 of assessed valuation of each annual tax levy. The Township may also accept donations and testamentary bequests for inclusion in the fund.

Use of funds. The funds accumulated within the fund may be used, as directed by the Township Committee, to acquire vacant land, easements and/or development rights for recreation and conservation purposes. Such funds may also be used to acquire land which has improvements upon it at the time of acquisition, provided that the principal purpose of the acquisition is to preserve open space. In the event that the Township Committee shall find it appropriate to apportion the cost of acquisition between open space and improvements, it may do so and charge the Open Space Trust Fund for the approximate value that is deemed appropriate relative open space and the Township's capital account for the value that it determines attributable to improvements. Such funds may also be used as down payment or for the payment of debt service or indebtedness issued or incurred by the Township for the acquisition of lands for recreation and conservation purposes. Any and all interest accruing shall remain in the fund and may be utilized for the above-described purposes.

Disposition of property or other interests in land. Lands, easements and development rights acquired by the Township using revenue raised pursuant to Subsection F shall be used exclusively for the purposes authorized under this section. No property or interest in land acquired with funds from the Open Space Trust Fund shall be leased, sold or otherwise disposed of by the Township until the disposition has been authorized by the Township Committee after and in accordance with a binding public referendum.[1]

Editor's Note: Original § 2-30.8, Termination at December 31, 2008, was repealed 5-10-2004 by Ord. No. 11-2004. At a referendum held 11-4-2003, the Mendham Township voters repealed the "sunset" provision which would have terminated the Township's open space tax on 12-31-2008. The Township's open space tax shall continue as currently authorized by prior voter referenda unless modified or repealed by subsequent voter referendum.

§ 10-46 Historic Preservation Committee.

[Added 5-22-2018 by Ord. No. 2-2018]

Establishment; membership; powers and duties.

Establishment. The Township of Mendham Historic Preservation Committee (hereinafter the "Committee") is hereby established as authorized by, and pursuant to, N.J.S.A. 40:48-1 et seq.

Membership requirements.

The membership of the Committee shall consist of nine members who shall be appointed by the Township Committee as follows:

Class A: one member, being an individual who is knowledgeable in building design and construction or architectural history and who may reside outside the Township of Mendham.

Class B: one member, being an individual who is knowledgeable or with a demonstrated interest in local history and who may reside outside the Township of Mendham.

Class C: up to seven members who shall be citizens of the Township of Mendham and who shall hold no other compensated municipal office, position or employment.

Terms of appointment. The members of the Committee shall be appointed for a term of four years, except as follows:

The initial appointments of the members of the Committee shall be for the following terms:

The Class A member shall be appointed initially for a term of two years.

[2]

The Class B member shall be appointed initially for a term of three years.

[3]

The Class C members shall be appointed initially for terms of four years.

Notwithstanding any other provision herein, the term of any member common to the Committee and the Planning Board shall be for the term of membership on the Planning Board, and the term of any member common to the Committee and the Board of Adjustment shall be for the term of the membership on the Board of Adjustment.

Vacancies. A vacancy occurring otherwise than by the expiration of a term shall be filled for the unexpired term only.

Officers. The Committee shall elect a Chairperson and a Vice Chairperson from its members and select a Secretary who may or may not be a member of the Committee or a municipal employee.

Conflict of interest. No member of the Committee shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

Removal for cause. A member of the Committee may, after public hearing if he requests it, be removed by the governing body for cause.

Expenses, compensation and expenditures.

The Township Committee may make provision in its budget and appropriate funds for the expenses of the Committee.

The Committee, with the prior approval of the Township Committee, may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. General administrative assistance shall be provided by the staff of the Township Engineer and Planner. The Committee shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Township Committee. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Committee's use.

Duties and responsibilities. The Committee shall have the responsibility to:

Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report.

Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on implications for preservation of historic sites of any other Master Plan elements.

Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.

(4)

Advise the Planning Board and Board of Adjustment on applications for development pursuant to Subsection H of this section.

(5)

Provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of provisions of the Zoning Ordinance, concerning historic preservation.

(6)

Carry out such other advisory, educational and information functions as will promote historic preservation in the municipality.

Review of applications. The Planning Board and Board of Adjustment shall make available to the Committee an informational copy of every application submitted to either board for development and/or demolition, or any other application which is deemed by either board to have historic interest or importance. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Committee may provide its advice, which shall be conveyed in writing or through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.

§ 10-47 Finance Advisory Committee.

[Added 1-22-2021 by Ord. No. 2-2021]

Creation. There is hereby created a Finance Advisory Committee of the Township of Mendham.

Membership.

The Finance Advisory Committee of the Township of Mendham shall be composed of seven members to be appointed as follows:

Class I: up to five residents of the Township of Mendham, appointed at large by the Mayor and the Township Committee for a term of one year, said terms to commence on January 1 of each year.

Class II: the Mayor or his/her designee and the appointed Finance Liaison of the Township Committee.

In addition to the appointed membership, the Township Administrator and the Township Chief Financial Officer shall be ex officio members of the Finance Advisory Committee with the authority to attend all meetings of the Finance Advisory Committee and to render advice and comment as appropriate.

In the event that any member of the Finance Advisory Committee shall resign or be unable to serve for any reason, the vacancy created thereby may be filled for the remainder of his/her term by the Township Committee.

Powers and duties. It shall be the duty of the Finance Advisory Committee of the Township of Mendham to:

Work in concert with the Township Committee to review discretionary budget requests of the Mendham Township staff, departments, and volunteers organizations.

To provide an additional perspective on budget requests and the financial needs of the Mendham Township community.

Other projects as directed by the Township Committee.

Meetings; officers.

Meetings shall be held at such time and place as determined by the Committee during their first meeting in January following the Mendham Township Committee reorganization meeting.

The Mayor or his/her designee will be responsible for chairing the Committee and ensuring that meetings are advertised and minutes are taken.

Since the Finance Advisory Committee contains less than a quorum of the Township Committee, the Committee meetings are not subject to the Open Public Meetings Act;[1] however, since the subject matter of the Finance Advisory Committee is the finances of the Township, all operations and capital budget hearings and deliberations shall be open to the public. The schedule of Finance Advisory Committee meetings shall be listed on the Township website. The Finance Committee may decide at the Committee's will to begin a meeting or recess a meeting to closed session.

Editor's Note: See N.J.S.A. 10:4-6 et seq.

§ 10-48 Mendham East and West Water Pollution Control System Advisory Committee.

[Added 3-22-2021 by Ord. No. 4-2021]

Establishment. There is established in the Township of Mendham a Mendham East and West Water Pollution Control System Advisory Committee.

Membership. The members of the Advisory Committee shall be appointed by the Township Committee. The Committee shall include 10 members, consisting of:

[Amended 5-23-2022 by Ord. No. 8-2022]

Class 1: two members representing the Drakewick Development to be selected by the Township Committee from residents nominated by the Drakewick Homeowners' Association; two residents representing the Brookrace Development to be selected by the Township Committee from residents nominated by the Brookrace Homeowners' Association; and one resident (at-large) who does not own property or live in either development.

Class 2: the Mayor (or a designee); the Township Committee Sewer East and West Liaisons; the Township Administrator; and the Township Chief Financial Officer.

Terms. Each member of the Committee shall serve for an initial term of one year, following the effective date of their appointment, except that the subsequent appointments for representatives from the two developments shall be staggered as follows: one from each development for two years and the other for three years.

Powers and duties. The Committee shall have the following powers and duties:

Make recommendations to the Township Committee in regard to the operations, maintenance and repair of the sewer systems.

Make recommendations to the Township Committee with respect to the fees to be charged for services rendered to users of the aforesaid system.