Township of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[Added 4-12-1999 by Ord. No. 7-1999]
There shall be a Zoning Board of Adjustment established as provided in the land development ordinances.
[Added 4-12-1999 by Ord. No. 7-1999]
There shall be a Planning Board established as provided in the land development ordinances.
A. 
Establishment. Pursuant to the provisions of N.J.S.A. 26:3-9 and N.J.S.A. 26:3-3 et seq., there is hereby established a Board of Health in the Township consisting of five members appointed by the Township Committee.
[Amended by Ord. No. 2-1973]
B. 
Membership; terms.
[Amended by Ord. No. 2-1973]
(1) 
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.
(2) 
All members shall be appointed for terms of three years. A vacancy shall be filled by appointment for the unexpired term only.
(3) 
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.
C. 
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.
[Amended by Ord. No. 8-1974]
A. 
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.
B. 
Membership; appointment of members; terms; Chairman.
[Amended by Ord. No. 5-1988; Ord. No. 28-1990]
(1) 
The Environmental Commission shall consist of seven regular members and two alternate members, all of whom shall be residents of the Township.
(a) 
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.
(b) 
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.
(c) 
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.
(2) 
Members of the Environmental Commission shall serve without compensation.
(3) 
No member shall act on any matter in which the member has either directly or indirectly any personal or financial interest.
C. 
Powers. The Environmental Commission shall have the following powers:
[Amended by Ord. No. 5-1988]
(1) 
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.
(2) 
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.
(3) 
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.
D. 
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]
E. 
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]
[Added 12-18-2017 by Ord. No. 15-2017[1]]
A. 
Creation. There is hereby created an Open Space, Parks and Recreation Advisory Committee of the Township of Mendham.
B. 
Membership. The Open Space, Parks and Recreation Advisory Committee of the Township of Mendham shall be composed of 12 members to be appointed as follows:
(1) 
Class I: up to 9 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 exist two groups, having staggered anniversary dates:
(a) 
Group I consists of that group (initially) appointed for a term designated as two years and shall be constituted with up to five members.
(b) 
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.
(c) 
All reappointments shall be for two-year terms.
(2) 
Class II: the Open Space, Parks and Recreation Liaison of the Township Committee (nonvoting), a representative from the Department of Public Works (nonvoting), and the Township Parks and Recreation Director (shall vote only in the event of a tie), their terms to correspond to their terms of appointment by the Township Committee.
C. 
Vacancies. In the event that any member of the Open Space, 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.
D. 
Powers and duties.
(1) 
It shall be the duty of the Open Space, Parks and Recreation Advisory Committee of the Township of Mendham to:
(a) 
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.
(b) 
Recommend to the Township Committee the fees, if any, to be charged for use of said recreation facilities.
(c) 
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.
(2) 
The Open Space, 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.
E. 
Expenditures. The Open Space, 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.
F. 
Meetings; officers.
(1) 
Meetings shall be held at such time and place as shall be determined annually by resolution of the Open Space, Parks and Recreation Advisory Committee, but there shall be an annual meeting for Committee organization, to be held during January of each year.
(2) 
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.
[1]
Editor's Note: This ordinance also repealed former § 10-42, Board of Recreation Commissioners, as amended.
A. 
Recognition; reports.
[Amended by Ord. No. 7-1981]
(1) 
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.
(2) 
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.
B. 
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.
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.
[Added by Ord. No. 10-1998]
A. 
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]
B. 
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]
C. 
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.
D. 
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.
E. 
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]
F. 
Funding.
(1) 
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.
(2) 
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.
(3) 
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.
G. 
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]
[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.