[Added 8-14-78 by Ord. No. 78-49; amended 4-24-89 by Ord. No. 89-12; 8-29-90 by Ord. No. 90-45; 1-25-93 by Ord. No. 93-2; 3-8-93 by Ord. No. 93-10; 1-21-97 by Ord. No. 97-1; 2-9-98 by Ord. No. 98-4; 11-9-98 by Ord. No. 98-28; 4-26-99 by Ord. No. 99-19; 2-27-17 by Ord. 17-09]
Editor's Note: This ordinance provided for the addition of Art. VII, Department of Planning and Community Development, and the repeal of former §§ 3-55, Planning Management Agency, as amended, and 3-56, Division of Development Services, as amended. The ordinance further provided for the renumbering of Arts. VII through XVII to become IX through XIX, respectively.
[Amended 2-9-98 by Ord. No. 98-4; 4-26-99 by Ord. No. 99-19; 2-27-17 by Ord. 17-09]
There shall be a Department of Planning and Engineering, the head of which shall be the Director of Planning and Engineering, hereafter referred to as the Planning Director. The Department shall include such officers and employees as shall be required to fulfill its responsibilities set forth in the following sections.
A. 
Under the direction and supervision of the Planning Director, the Department shall be responsible for the conduct of all long-range planning activity. As part of these responsibilities, the Department shall:
(1) 
Advise and assist the Mayor, Council and the Planning Board in all long-range planning and management matters relating to the public and private development of the municipality.
(2) 
Study the operation and effect of land use controls and their administration within the municipality and report thereon to the Planning Board, the Mayor and the Council.
(3) 
Conduct continuous studies and collect statistical and other data to serve as the basis for planning recommendations.
(4) 
Conduct studies and prepare materials for the Master Plan or general plans for development of the municipality and their implementation.
(5) 
Prepare, evaluate and present to the Mayor, Council and Planning Board plans for redevelopment and renewal of the municipality.
(6) 
Coordinate the long-range planning activity of all municipal agencies.
B. 
Under the direction and supervision of the Planning Director, the Project Planner shall be responsible for the oversight of all development review within the Township, to ensure that all plans comply with the procedures and specifications set forth in Chapter 132 of the Code, Land Use Procedures, Chapter 192, Subdivision of Land, Chapter 228, Zoning, of the Code and such other sections of the Code or charter that may pertain to development review. As part of these responsibilities, the Department shall:
(1) 
Review, coordinate and evaluate with other agencies proposed site plan and subdivision plats and variance applications for conformity with municipal ordinances and to advise the Planning Board and Zoning Board on all such matters.
(2) 
Maintain files and records on all maps, site plans, variances, subdivisions and other planning data.
(3) 
Provide a secretariat and such staff assistance as the Planning Board, Zoning Board and the Historic Preservation Commission may require in the performance of their functions.
C. 
Under the direction and supervision of the Planning Director, the Department shall administer all applications for aid from county, state, federal or other sources.
D. 
Under the direction and supervision of the Planning Director, the Department shall develop and administer programs and activities for the rehabilitation of housing and the conservation of neighborhoods.
E. 
Planning Board. There shall be a Planning Board as established in Chapter 132, Land Use Procedures. There is hereby established the position of Attorney to the Planning Board. The Attorney shall be appointed by the Planning Board at the first regular meeting of the Planning Board after January 1 of each year. The term of the Attorney shall be for a period of one year or until the appointment and qualification of his successor. The compensation to be paid to the Attorney shall be established by the Township Council in the annual municipal budget. The Attorney shall be paid an annual retainer covering the following services: attendance at two meetings per month of the Planning Board; conferences with members of the Planning Board, administrative staff, consultants and other professionals; legal advice to the Planning Board and administrative staff; drafting of resolutions and administrative functions required for preparation and implementation of the budget. The Attorney shall be reasonably compensated on a voucher basis for the non-retainer services and for all out-of-pocket expenses incurred by him or her in connection with the performance of those services; litigation; legal research, conferences and other work related to litigations; drafting of ordinances; and attendance and preparation for attendance at all meetings in excess of twenty-four (24) in any calendar year.
F. 
Division of Citizen and Consumer Services.
[Added 4-24-89 by Ord. No. 89-12; deleted 1-21-97 by Ord. No. 97-1]
G. 
East Brunswick Economic Development Advisory Council. For the purpose of advising and assisting the Mayor in promulgating economic development strategies, there shall be an East Brunswick Economic Development Advisory Council, hereinafter referred to as the "Economic Advisory Council", which shall form advisory subcommittees as it deems necessary. The Economic Advisory Council shall:
(1) 
Make periodic recommendations to the Mayor concerning areas of economic growth that would be suitable for the Township.
(2) 
Make periodic recommendations to the Mayor concerning programs that maintain and improve the existing commercial and industrial base.
(3) 
Make periodic recommendations to the Mayor concerning strategies that will help beautify commercial and industrial properties within the Township and promote same through the use of awards and other means.
(4) 
Submit an annual report to the Mayor.
The Economic Advisory Council shall consist of nine members. One (1) shall be a member of the Township Council or his/her designee. Two (2) members shall be appointed by the Mayor. Three (3) members shall be appointed by Council. The Chairman of the Planning Board or his/her designee shall serve as a member. The Chairman of the Zoning Board of Adjustment or his/her designee shall serve as a member. All members shall serve for a term of three years, provided, however, that of the members first appointed, three shall be appointed for a term of one year, three shall be appointed for a term of two years, and three shall be appointed for a term of three years. The Mayor or his/her designee shall be ex officio members of the Economic Advisory Council. The Mayor shall designate the member of the Economic Advisory Council who shall serve as its Chair. The Economic Advisory Council shall meet at least four (4) times (i.e., quarterly) each year. Additional meetings shall be held as required and deemed necessary by the Chair of the Economic Advisory Council.
[Amended 2-8-16 Ord. 16-03]
H. 
Zoning Board of Adjustment. There will be a Zoning Board of Adjustment as established by Chapter 132, Land Use Procedures. There is hereby established the position of Attorney to the Zoning Board of Adjustment. The Attorney shall be appointed by the Zoning Board of Adjustment after January 1 of each year. The term of the Attorney shall be for a period of one year or until the appointment and qualification of his successor. The compensation to be paid to the Attorney shall be established by the Township Council in the annual municipal budget. The Attorney shall be paid on annual retainer covering the following services: attendance at two meetings per month of the Zoning Board of Adjustment; conferences with members of the Zoning Board of Adjustment, administrative staff, consultants and other professionals; legal advice to the Zoning Board of Adjustment and administrative staff; drafting of resolutions; and administrative functions required for preparation and implementation of the budget. The Attorney shall be reasonably compensated on a voucher basis for the non-retainer services and for all out-of-pocket expenses incurred by him or her in connection with the performance of those services; litigation; legal research, conferences and other work related to litigation; drafting of ordinances; and attendance and preparation for attendance at all meetings in excess of twenty-four (24) in any calendar year.
I. 
Rent Leveling Board. There shall be a Rent Leveling Board as established by Chapter 169, Rent Control. The Department shall provide a secretariat and such staff assistance as the Board may require in the performance of its duties.
J. 
Under the direction and supervision of the Planning Director, there shall be a Township Engineer who shall be responsible for all engineering functions for the Township. The term of office for the Township Engineer shall be in conformance with the appointment and termination procedures for exempt employees found in Chapter 28, Personnel Policies, of the Code of the Township of East Brunswick. As part of these responsibilities, the Department shall:
[Amended 10-23-78 by Ord. No. 78-90]
(1) 
Provide all staff engineering required, with the assistance of such consultants as may from time to time be authorized.
(2) 
Prepare, maintain and preserve maps, charts and records of roads, utilities, public buildings and structures of all public facilities owned or operated by the municipality.
(3) 
Prepare, review and approve specifications for public works, contracts, supervise and inspect the execution of such contracts and certify satisfactory completion of work to authorize progress payments pursuant to contract.
(4) 
Review proposed preliminary and final subdivision plats for conformity with Chapter 192, Subdivision of Land, Chapter 132, Land Use Procedures, and other land use requirements and advise the Planning Board and Zoning Board as to such matters. The Planning Board and Zoning Board shall not act on any subdivision or variance application unless and until the findings and recommendations of the Department have been submitted to the Board and made a part of its public record.
(5) 
Maintain the Tax Map for the Division of Assessments in a current status and promptly record thereon all changes of ownership from information provided pursuant to law.
(6) 
Furnish assessment searches in conformity with all statutory requirements.
[Added 6-25-79 by Ord. No. 79-141]
K. 
East Brunswick Business Appearance Improvement Committee also known as "EB 18".
[Added 1-25-93 by Ord. No. 93-2; deleted 4-26-99 by Ord. No. 99-19]
L. 
For the purposes of budgeting, personnel, purchasing and assignment of staff assistance, the following Boards are assigned and allocated within the Department of Planning and Engineering:
(1) 
Advisory Committee on Housing.
(2) 
Council on Economic Health.
(3) 
Historic Preservation Commission.
(4) 
Planning Board.
(5) 
Zoning Board of Adjustment.
(6) 
Rent Leveling Board.
(7) 
Environmental Commission.
[Added 2-9-98 by Ord. No. 98-4]
M. 
Beautification Committee.
[Added 3-8-93 by Ord. No. 93-10; deleted 4-26-99 by Ord. No. 99-19]
N. 
Division of Construction Inspection.
[Added 8-14-78 by Ord. No. 78-49; amended 1-21-97 by Ord. No. 97-1]
Editor's Note: This ordinance also provided for the repeal of former § 3-69, Powers and duties of Director (of Finance), amended 6-28-76 by Ord. No. 76-174-B.
This ordinance deleted the former § 3-69, and moved Division of Construction Inspection from Department of Finance to Department of Planning and Engineering.
Within the Department of Planning and Engineering there shall be a Division of Construction Inspection, the head of which shall be the Manager or Chief Construction Official.
(1) 
Under the supervision and direction of the Director, the Division shall:
Administer and supervise the enforcement of Chapter 75, Construction Codes, Uniform; Chapter 195, Swimming Pools, Private; Chapter 197, Swimming Pools, Public; and Chapter 49, Architectural Review, of the Code of the Township of East Brunswick, and such other codes or ordinances as the Director may assign.
Inspect and approve all installations made in accordance with the approval of the Planning Board or Zoning Board under subdivision or site plan approvals.
(2) 
For the purposes of budgeting, personnel, purchasing and assignments of staff assistance, the Construction Board of Appeals is allocated and assigned to the Division of Construction Inspection.
O. 
Environmental Commission.
[Added 5-29-73 by Ord. No. 73-1-V; amended 8-26-74 by Ord. No. 74-192; 1-28-91 by Ord. No. 91-6; 2-9-98 by Ord. No. 98-4]
(1) 
Establishment of Commission purposes. The Conservation Commission of the Township of East Brunswick, also to be known as the "Environmental Commission," is hereby established pursuant to Chapter 245 of the Laws of 1968 (N.J.R.S. 40:56A-1 to 40:56A-5). The Commission is established for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Township of East Brunswick.
(2) 
Members; appointment; term. The Commission shall consist of not less than five nor more than seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Township of East Brunswick. The members shall serve without compensation except as hereinafter provided. The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission. The terms of office of the first Commissioners shall be for one, two or three years, to be designated by the Mayor in making the appointments, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. The appointments shall be made in such a manner so that the terms of approximately one-third (1/3) of the members shall expire each year.
There shall be two alternate members of the Environmental Commission who shall be appointed by the Mayor, pursuant to N.J.S.A. 40:56A-1. The alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
[Amended 1-28-91 by Ord. No. 91-6]
(3) 
Vacancies. The Mayor may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
(4) 
Powers of Commission. The Commission shall have power to conduct research into the use and possible use of the open land areas in the Township and may coordinate the activities of unofficial bodies organized for similar purposes and may 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 or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas and may, from time to time, recommend to the Planning Board plans and programs for inclusion in the Master Plan and the development and use of such areas.
(5) 
Acquisition by Commission. The Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the Township of East Brunswick by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall 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.
(6) 
Records and annual reports. The Commission shall keep records of its meetings and activities and make an annual report to the Mayor and Township Council.
(7) 
Appropriations. The Commission may appoint such clerks and other employees as it may from time to time require, provided that the same shall be within the limits of funds appropriated to it by the Township Council.
[Added 8-29-90 by Ord. No. 90-45; amended 6-24-02 by Ord. No. 02-10]
A. 
Department established. There shall be a Department on Aging, the head of which shall be the Director of Aging. The Department shall include such officers and employees as shall be required to fulfill its responsibilities set forth in the following sections. Under the supervision and directions of the Director, the Department on Aging shall:
(1) 
Provide and operate an older adults drop-in center to provide social and recreational programming for the older adults of the community.
(2) 
Develop and coordinate a comprehensive program for the delivery of services to older adults, including group and individual counseling, vocational counseling and referral services to other related agencies.
(3) 
Develop, implement and evaluate a program of leisure and recreation services for older adults.
(4) 
Assist and promote in the development of programs serving the elderly in cooperation with public, semi-public and private agencies in the community.
(5) 
Act as an advocate for the elderly. To identify the needs of the elderly. To assess the adequacy of existing programs and to promote the implementation of solutions to problems confronting older residents.
(6) 
Formulate and prepare community recreation plans and reports. Submit an annual report documenting the activities and accomplishments of the Office on Aging.
(7) 
Apply for grants, obtain interns, seek selection as a demonstration site for new State and Federal programs interrelate with Municipal, County, State and Federal services in the area of health, welfare and human services.
(8) 
Offer special classes which are fee based in order to service a special population and fees are to be reported to the Mayor and Municipal Council thirty (30) days before the class or program may be established.
[Added 6-24-02 by Ord. No. 02-10]
[Amended 11-9-98 by Ord. No. 98-28; 7-8-02 by Ord. No. 02-16]
A. 
Within the Department of Aging there shall be a Commission on Aging which shall consist of not more than thirteen (13) members to be appointed by the Mayor, with the advice and consent of the Township Council. Eleven (11) members shall serve for staggered terms of three years each, except that one member may receive a lifetime appointment if that member has been a major contributor to the enhancement of life for our senior population in the community, beginning with the first day of January. One student member shall be appointed for a term of one year, to run from June through May. Three (3) of the members shall be professionals in the field of Geriatrics. These members will be ex-officio members who must work or live in East Brunswick. The Director of the Department on Aging shall serve as Executive Secretary of the Commission and shall be an ex officio member. Ex-officio members shall have no voting privileges.
[Amended 7-8-02 by Ord. No. 02-16]
B. 
The members of the Commission on Aging shall organize annually and select a President, Vice President and Recording Secretary. The Commission shall meet regularly and at such other times as the President may direct.
C. 
The Commission on Aging shall be charged with the responsibility to advise in the coordination and integration of programs and services affecting the welfare of older adults aged sixty (60) and older who are residents of East Brunswick. Residents eligible by age as described above may enroll and participate in the programs and activities of the Senior Citizens Center and Department on Aging.
D. 
The Commission shall report, advise and make recommendations to
[Amended 7-8-02 by Ord. No. 02-16]:
(1) 
The Department on Aging.
(2) 
The Mayor and Local Governing Body.
E. 
One (1) member of the Commission on Aging shall serve as a member of the Recreation and Parks Advisory Board.