[Ord. No. 2227 § 1]
A vacancy shall be determined to exist in any boards, committees
or commissions created by the Common Council and existing under the
ordinances of the City of Summit and the vacancies on such boards,
committees, or commissions that are controlled by State statute, under
any of the following conditions:
[Ord. No. 2227 § 2]
The Common Council may declare a vacancy in the event that a
member shall:
a.
Fail to attend three (3) consecutive duly called meetings or fail
to attend more than sixty (60%) percent of the duly called meetings
in a three (3) month period without being excused by a majority of
the members of the Board, committee or commission.
b.
Refuse to sign the Financial Disclosure Statement prescribed by the
Local Government Ethics Law.
[Ord. No. 2227 § 3]
All appointments to fill vacancies for the unexpired terms of
any member of any board, committee or commission, which shall have
become or declared vacant, shall be made in the same manner as the
original appointment to the Board, committee or commission.
[Ord. 10/5/26; 1979 Code Part III T.3 § 1; Ord. No. 2384 § 1]
The Board of Health of the City of Summit as established pursuant
to N.J.S.A. 26:3-1 et seq., shall consist of seven (7) members each,
nominated by the Mayor through the Common Council, which body shall
act thereon and confirm or reject. In case of rejection a new name
or names shall be presented by the Mayor until the Board shall be
complete.
Appointments to the Board of Health shall be made for a term
of three (3) years; so that not more than the terms of three (3) members
shall expire in any one (1) year. There shall be an attempt to have
a member of the medical community represented on the Board.
[Ord. 10/5/26; 1979 Code Part III T.3 § 2; Ord. No. 2384 § 1]
In case a vacancy arises by the death, resignation or inability
of any member to serve, or from any other cause, the appointment to
fill such vacancy shall be made in the same manner in which original
appointments are herein provided to be made, but for the unexpired
term only.
[Ord. 10/5/26; 1979 Code Part III T.3 § 3; Ord. No. 2384 § 1]
All bills and claims to be paid for the Board of Health purposes
shall be referred to the Common Council, certified by the Secretary
of the Board and duly approved by the proper Committee of the Board
of Health, and bill and claims shall take the same course in the Common
Council as all other bills against the City and be paid out of the
appropriation for maintenance of Board of Health and funds to the
credit of the Board.
[Ord. 10/5/26; 1979 Code Part III T.3 § 4]
All fines, fees and penalties imposed and collected under the
ordinances of or by the Board of Health shall be paid to the City
Treasurer.
[Ord. No. 2237 § 1]
There is hereby created in and for the City of Summit an Historic
Preservation Commission (the "Commission"). The powers of the Commission
shall be strictly limited to those expressly set forth in this section.
The section is enacted under the authority of the City to regulate
the use of land for the public health, safety and welfare pursuant
to N.J.S.A. 40:48-1, N.J.S.A. 40:48-2 and N.J.S.A. 40:55D-107 through
40:55D-112.
[Ord. No. 2237 § 2]
a.
The Commission shall consist of seven (7) regular members and may
have not more than two (2) alternate members. There shall be three
(3) members of Class A and B, with at least one (1) member each of
Class A and B, and four (4) members of Class C. Class specifications
shall be as follows:
1.
Class A: a person who is knowledgeable in building design and construction
or architectural history and who may reside outside the City of Summit.
2.
Class B: a person who is knowledgeable or with a demonstrated interest
in local history and who may reside outside the City.
3.
Class C: a citizen of the City of Summit who shall hold no other
municipal office, position or employment, except for membership on
the Planning Board or Board of Adjustment.
b.
Alternate members shall meet the qualifications of Class C members.
[Ord. No. 2237 § 3]
a.
The Common Council shall appoint all members of the Commission and
shall designate at the time of appointment the regular members by
class and the alternate members, if any, as "Alternate No. 1" and
"Alternate No. 2."
b.
Terms.
1.
The terms of the members first appointed shall expire in the following
manner:
(a)
One (1) each of Class A and Class B members shall serve initial
terms of four (4) years.
(b)
One (1) Class A or B member shall serve an initial term of three
(3) years.
(c)
One (1) Class C member shall serve an initial term of four (4)
years, one (1) Class C member shall serve an initial term of three
(3) years, one (1) Class C member shall serve an initial term of two
(2) years, and one (1) Class C member shall serve an initial term
of one (1) year.
(d)
One (1) alternate member shall serve an initial term of two
(2) years, and one (1) alternate member shall serve an initial term
of one (1) year.
c.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only and done so by Common Council within
thirty (30) days of the vacancy. Notwithstanding any other provision
therein, the term of any member common to the Commission and the Planning
Board shall be for the term of membership on the Planning Board, and
the term of any member common to the Commission and the Board of Adjustment
shall be for the term of membership on the Board of Adjustment.
[Ord. No. 2237 § 4]
The Commission shall annually elect a Chairman and Vice Chairman
from its members, and annually select a Secretary, who may or may
not be a member of the Commission or a municipal employee.
[Ord. No. 2237 § 5]
The Commission shall create rules and procedures for the transaction
of its business, subject to the following regulations:
a.
A quorum for the transaction of business shall consist of four (4)
of the Commission's members, including the Chairman or, in his or
her absence, the Vice Chairman.
b.
The Secretary shall keep minutes and records of all meetings and
proceedings, including voting records, attendance, resolutions, findings,
determinations and decisions. All such material shall be public records.
c.
All meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-6, et seq.).
d.
Alternate members 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.
e.
No member of the Commission shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest.
f.
A member of the Commission may, after public hearing if he or she
requests it, be removed by Common Council for cause.
[Ord. No. 2237 § 6]
The Commission members shall serve without compensation.
[Ord. No. 2237 § 7]
The Commission shall have the responsibility to:
a.
Carry out advisory, educational and informational functions as to
promote historic preservation in the City.
b.
Maintain and update from time to time a survey of historic sites
of the City.
c.
Make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
d.
Advise Common Council, the Planning Board and Board of Adjustment
on applications for development or other matters concerning historic
preservation when requested or directed by Common Council, the Planning
Board or Board of Adjustment.
e.
Report annually to the Mayor and Common Council on the state of historic
preservation in the City and recommend measures to improve same.
[1]
Editor's Note: Former Section 2-34, Board of Recreation Commissioners, previously codified herein and containing portions of 1979 Code Part III T.6 §§ 1, 2 and Ordinance No. 06-2689 was repealed by Ordinance No. 07-2762. See Section 2-17, Department of Community Programs, for the Division of Recreation.
[Resolution No. 19986,
October 1977; 1979 Code Part V]
There be and is hereby established a body to be known as the
"Cable Television Citizens Advisory Committee" which shall consist
of seven (7) members and a Board of Education liaison. Members shall
serve for a term of three (3) years.
[Resolution No. 19986,
October 1977; 1979 Code Part V]
The Committee shall exist for, but not be limited to, the following
purposes:
a.
Educating the community as to the uses of cable television.
b.
Receiving complaints.
c.
Stimulating and providing input on programming.
d.
Keeping informed on changes in the cable television industry.
e.
Reviewing the performance of Suburban Cablevision concerning its
contractual obligations and, especially, in the ninth year of the
contract.
f.
Making yearly reports concerning changes, complaints and suggestions.
[1979 Code Part III T.8 Preamble; Ord. No.
09-2838 § 1]
The Common Council is aware of the increasing importance and
necessity for the protection, development, and use of the natural
resources in our community, and recognizes that the future will impose
greater demands upon the environmental well being of this community;
and effective planning is necessary to ensure that the demands for
a clean and healthful environment are met. The Common Council deems
it in the best interest for the citizens of Summit to create an Environmental
Commission of interested citizens to study the problems and to develop
a solution for the creation of a better environment.
[1979 Code Part III T.8 § 1; Ord.
No. 09-2838 § 1]
There is hereby established an Environmental Commission for
the protection, development and use of natural resources located within
the territorial limits of the City of Summit, pursuant to N.J.S.A.
40:56A-1 et seq.
[1979 Code Part III T.8 § 2; Ord.
No. 06-2729 § 1; Ord.
No. 09-2838 § 1]
a.
The Environmental Commission shall consist of seven (7) members,
who shall be appointed by the Mayor; all of whom shall be residents
of the City and one of whom shall be a member of the Planning Board
who shall present the positions of the Environmental Commission to
the Planning Board and report back to the Commission on the activities
of the Planning Board. The members of the Commission shall serve without
compensation except as provided elsewhere in this section.
b.
The Mayor shall designate one (1) of the members to serve as Chairman
or presiding officer of the Commission.
c.
The Commissioners shall be appointed for terms of three (3) years,
and shall serve until the appointment and qualification of their successors.
Two (2) alternate members shall be appointed by the Mayor and shall
meet the qualifications of full members. Alternate members shall be
appointed for a term of two (2) years, and at the time of their appointments
shall be designated Alternate No. 1 and Alternate No. 2, respectively.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member.
d.
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.
e.
The Mayor or Common Council may remove any member of the Commission
for cause, or 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.
f.
A vacancy on the Commission shall be filled for the unexpired term
in the same manner as an original appointment.
g.
The presiding officers of the Alternate Modes of Transportation Committee,
Recycling Advisory Committee, Shade Tree Advisory Committee and the
Sustainability Advisory Committee, respectively, shall be nonvoting
members of the Environmental Commission.
h.
Environmental Commission members, one (1) per each following committee,
as determined by mutual agreement of the Environmental Commission
Chair and respective chairs of the committees named hereafter shall
serve as full members of the Alternative Modes of Transportation Committee,
Recycling Advisory Committee, Shade Tree Advisory Committee and the
Sustainability Advisory Committee, respectively.
[1979 Code Part III T.8 § 3; Ord.
No. 09-2838 § 1; Ord.
No. 09-2857 § 1]
The Commission shall have the following duties and powers:
a.
To study and make recommendations to the Common Council in areas
of conservation and environmental protection which shall include but
not be limited to sustainability, energy use and alternative energy
sources, recycling, pollution control of all types, waste disposal
including sewage, garbage, and solid waste, open space preservation
with emphasis on flood control and outdoor recreation needs, aesthetic
flora and fauna preservation and beautification.
b.
To plan local environmental programs and to inform the public about
those programs.
c.
To act as the coordinating agency of the community on environmental
matters and the liaison between the community and local, State and
Federal agencies.
d.
To advertise, prepare, print and distribute books, maps, charts,
plans, pamphlets and any other documents or media which in its judgment
it deems necessary for its purposes, within the limits of funds appropriated
to the Commission.
e.
To 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.
f.
To recommend to the Planning Board or, if none, to the Mayor and
governing body of the municipality, plans and programs for inclusion
in a municipal master plan or site or developmental plans.
g.
To manage donated or purchased lands for environmental purposes and
operate environmental programs.
h.
To conduct research into the use and possible use of the open land
areas of the municipality.
i.
To coordinate the activities of, assist with and make recommendations
to other bodies, including the Alternate Modes of Transportation Committee,
Recycling Advisory Committee, Shade Tree Advisory Committee and the
Sustainability Advisory Committee, established by the Common Council
or the Mayor to study, review or make recommendations on environmental
issues.
[1979 Code Part III T.8 § 4; Ord.
No. 09-2838 § 1]
The Commission, with approval of the Common Council, may acquire,
or make arrangements for the acquisition of property, both real and
personal, in the name of the municipality 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 municipality.
[1979 Code Part III T.8 § 5; Ord.
No. 09-2838 § 1]
The Common Council may appropriate funds for the expenses incurred
by the Commission. The Commission may appoint such clerks and other
employees as it may from time to time require and as shall be within
the limits of funds appropriated to it.
[1979 Code Part III T.8 § 6; Ord.
No. 09-2838 § 1]
The Commission shall keep records of its meetings and activity
and shall make an annual report to the Common Council and citizens
of the City of Summit.
[Ord. No. 09-2838 § 1]
The Commission shall study and make recommendations concerning
conservation of resources, open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna.
[1]
Editor's Note: The provisions of Chapter 79, Laws of New Jersey
1992, approved August 5, 1992 are applicable to this section.
[Ord. 7/11/67, Preamble; 1979 Code Part III T.4]
There appears that there is a need for a Housing Authority in
the City of Summit in accordance with the provisions of N.J.S.A. 55:14A-1
et seq. Section 1 and Chapter 79 of the Laws of New Jersey, 1992.
Pursuant to the provisions of the "Local Housing Authorities Law,"
N.J.S.A. 55:14-1 et seq. of the State of New Jersey, a body corporate
and politic to be known as the "Housing Authority of the City of Summit,"
be and the same hereby is created and established.
The City Clerk is authorized and directed to file a certified
copy of this section with the Commissioner of the State Department
of Conservation and Economic Development.
[1979 Code Part III T.5]
a.
By virtue of Chapter 300, Laws of 1949, State of New Jersey, and
amendments and supplements thereto, municipalities are permitted to
authorize local housing authorities to clear blighted areas and to
prevent blight; to acquire real property and make it available for
re-development by private enterprise or by public agencies, in accordance
with approved redevelopment plans, and to confer necessary powers
on housing authorities and to make obligations issued by housing authorities
in connection with redevelopment projects, legal investments and security
for deposits, and to enable the advanced preparation of projects so
that they can provide jobs and stimulate industry when necessary in
the period of reconversion.
b.
Pursuant to the provisions of Chapter 300, Laws of 1949 of the State
of New Jersey, and the amendments and supplements thereto, the Housing
Authority of the City of Summit is hereby designated, constituted,
authorized and empowered, to act as the re-development agency for
urban redevelopment in the City of Summit for the purpose of carrying
out the provisions of Chapter 300, Laws of 1949, State of New Jersey,
and amendments and supplements thereto and such other projects as
are authorized by law.
[Ord. No. 1826 § 1;
1979 Code Part III T.16 § 1]
An Insurance Fund and an Insurance Commission are hereby established
in accordance with N.J.S.A. 40A:10-6 et seq. for the following purposes:
a.
To insure against any loss or damage however caused to any property,
motor vehicles, equipment or apparatus owned by the City of Summit,
or owned by or under the control of any of its departments, boards,
agencies or commissions;
b.
To insure against liability resulting from the use of operation of
motor vehicles, equipment or apparatus owned by or controlled by the
City of Summit, or owned by or under the control of any of its departments,
boards, agencies or commissions;
c.
To insure against liability for the City of Summit's negligence and
that of its officers, employees and servants, whether or not compensated
or part-time, who are authorized to perform any act or services, but
not including an independent contractor within the limitations of
the "New Jersey Tort Claims Act" (N.J.S.A. 59:1-1 et seq.).
[Ord. No. 1826 § 1;
1979 Code Part III T.16 § 2]
The monies necessary to fulfill the purposes of the Insurance
Fund and the Insurance Fund Commission shall be appropriated by the
Common Council.
[Ord. No. 1826 § 3;
1979 Code Part III T.16 § 3]
Common Council shall appoint three (3) officials of the City
who may be members of Common Council to serve as Commissioners of
the Insurance Fund Commission, and shall appoint a person to serve
as Secretary to the Insurance Fund Commission. The Commissioners shall
hold office for two (2) years or for the remainder of their term of
office as officials, whichever shall be less, and until their successors
shall have been duly appointed and qualified. The Secretary shall
serve at the pleasure of the Commission. The Commissioners shall serve
without compensation. The salary of the Secretary shall be set by
ordinance. Vacancies in the office of Insurance Fund Commissioners
and in the position of secretary caused by any reason other than expiration
of term as an official, shall be filled by appointment of Common Council
for the unexpired term.
[Ord. No. 1826 § 4;
1979 Code Part III T.16 § 4]
The Insurance Fund Commissioners shall have the power and authority
to:
a.
Employ necessary clerical assistants, whose compensation shall be
fixed and paid by Common Council;
b.
Invest the insurance fund and all additions and accretions thereto
in such securities as they shall deem best suited for the purposes
of this section;
c.
Adopt rules and regulations for the control and investment of the
fund;
d.
Keep on hand at all times sufficient money, or have the same invested
in such securities as can be immediately sold for cash, for the payment
of losses to any buildings or property of the City of Summit, or liability
resulting from the operation of publicly owned motor vehicles, equipment
or apparatus;
e.
Fix reasonable rates of premium for all insurance carried by the
Insurance Fund, place and maintain other insurance of the City of
Summit, its departments, boards, agencies and commissions, as Common
Council may direct, in the Insurance Fund or with any insurance company
or companies authorized to do business in this State, and pay the
premiums therefor;
f.
Receive from Common Council premiums for insurance carried in the
Insurance Fund.
[1979 Code Part III T.9 Preamble; Ord. No.
05-2639 § 1; Ord. No.
2018-3160]
The Public Welfare Committee, on October 8, 1974, submitted
a report to the Council mediated dialogue between tenants and landlords
which would serve both the short and long range needs of the City
for rental housing, and on January 7, 1975 the Council appointed the
Summit Advisory Commission on Rental Housing composed of seven (7)
members whose terms expired on December 31, 1975, and this Advisory
Commission submitted its report on December 15, 1975 in which it set
forth its findings and recommendations, one of which was the formation
of a Landlord Tenant Relations Board.
[1979 Code Part III T.9 § 1; Ord.
No. 05-2639 § 1; Ord.
No. 2018-3160]
That there be and hereby is established a body to be known as
"The City of Summit Rent Commission," hereinafter referred to as the
Commission.
[1979 Code Part III T.9 § 2; Ord.
No. 05-2639 § 1; Ord.
No. 2018-3160]
The Commission shall consist of five (5) citizens of the municipality,
one (1) landlord, who may be either the owner of residential or commercial
property; one (1) tenant/unit owner, who shall be either a tenant
or owner/occupant of a condominium unit, townhouse unit, or an association
unit or a member of a cooperative and three (3) public, to be appointed
by the Mayor with the advice and consent of the Common Council. Members
shall be appointed for a term of three (3) years. Upon the occurrence
of any vacancy before the expiration of a term, such vacancy shall
be filled by appointment for the unexpired portion of that term. Members
shall hold office until their successors have been appointed, but
may be appointed to succeed themselves. Members shall receive no compensation
for their services.
[1979 Code Part III T.9 § 3; Ord.
No. 05-2639 § 1; Ord.
No. 2018-3160]
The Commission shall elect annually one (1) of its members as
Chairman, who shall preside at all meetings and such other officers
as are deemed necessary. Three (3) members shall constitute a quorum
of the Commission for the purpose of conducting its business and exercising
its powers and for all other purposes. Action may be taken by the
Commission upon a vote of a majority of the members present, unless
in any case, the bylaws of the Commission shall require a larger number.
The Commission shall promulgate such other bylaws, rules and regulations
as may be deemed necessary for its functioning.
[1979 Code Part III T.9 § 4; Ord.
No. 05-2639 § 1; Ord.
No. 2018-3160; amended 3-1-2022 by Ord. No. 22-3252]
The Commission shall have the following duties and powers:
a.
To hold public meetings at regular intervals to hear complaint cases
in the landlord-tenant relationship.
b.
To recommend a method of settling each dispute to both landlord and
tenant and maintain a record of cases heard and final disposition
for future precedent.
c.
To recommend to the Council any further action which may be appropriate
including rent leveling if necessary at some future date.
d.
To educate landlords and tenants in an awareness of the laws of the
State of New Jersey and City of Summit which have been enacted for
their benefit.
e.
To prepare some type of communication for landlords and tenants advising
of their respective rights and obligations under law.
[1]
Editor's Note: Former Section 2-44, Summit Youth Services Board, previously codified herein and containing portions of 1979 Code Part III T.15 §§ 2, 3 and Ordinance Nos. 2018, 2130, 2335, 05-2645 and 06-2700, was repealed in its entirety by Ordinance No. 07-2762. See Section 2-17, Department of Community Programs, for the Division of Youth Services.
[1]
Editor's Note: Former Section 2-45, Senior Citizens Advisory
Board, previously codified herein and containing portions of Ordinance
Nos. 2189, 2338, 2386, 05-2640, 05-2675 and 05-2685, was repealed
in its entirety by Ordinance No. 07-2779.
[Ord. No. 2412 §§ 1,
2]
a.
A parking system consisting of on-street parking, and parking within
garages, lots and other facilities, and fixtures and equipment owned,
leased, or otherwise under the control of the City of Summit, is hereby
created and established pursuant to N.J.S.A. 40:48-1 et seq., as a
municipal public utility for all the purposes of the Local Bond Law
of New Jersey and the Local Budget Law of New Jersey hereinafter to
be referred to as the Parking Utility.
b.
Said Parking Utility is hereby found and determined to be a utility,
enterprise or purpose authorized to be undertaken by the City and
from which it may receive rates, rentals or other charges for or in
connection with or the use of services of such Parking Utility which
shall be held, used and applied in accordance with the provisions
of the Local Bond Law and the Local Budget Law and any other applicable
laws.
[Ord. No. 2415 § 1]
There shall be a Department of City government to be known as
the Parking Services Agency, the head of which shall be the Director
of Parking Services. The Director shall be appointed by the Common
Council and shall be subject to removal by a majority vote.
[Ord. No. 2415 § 2]
The functions of the Department shall be to provide and manage
parking within the City, including but not necessarily limited to
on-street parking and parking within garages, lots, or other facilities
owned, leased, or otherwise under the control of the City. Additional
functions may be assigned to the Department from time to time by the
Common Council.
[Ord. No. 2415 § 3]
The officers and employees of the Department shall include the
Director and such support, maintenance, and enforcement staff as may
be approved from time to time by the Common Council.
[Ord. No. 2415 § 4]
Within three (3) months after the first Director of Parking
Services assumes the duties of office, the Parking Enforcement Officers
and Parking Enforcement Officer/Technicians then assigned to the Police
Department shall be transferred to the Parking Services Agency. Thereafter,
enforcement of parking regulations on downtown streets and at on-street
parking meters and in the various lots, garages, and other facilities
owned, leased, or otherwise under the control of the City, shall be
the responsibility of the Parking Services Agency. Enforcement of
parking regulations elsewhere in the City, including but not limited
to time limits and general prohibitions, shall continue to be the
responsibility of the Police Department, which may, at the discretion
of the Chief of Police, request assistance in the enforcement from
the Parking Services Agency.
[Ord. No. 2415 § 5]
The Director of Parking Services shall be responsible for management
of the Department, its employees, facilities and equipment, including
assigning tasks to employees. Subject to approval by the City Administrator,
the Director may establish rules and regulations for parking services
within the limits of policies set by the Common Council. In establishing
rules and regulations, provision of effective, efficient, economical,
convenient parking services to the community shall be of paramount
concern.
[Ord. No. 2415 § 6]
Any person aggrieved by a decision of the Director of Parking
Services to grant or deny parking privileges or otherwise interpret
City policy may appeal in writing to the City Administrator, who shall
make an appropriate inquiry and respond to the aggrieved party within
thirty (30) days.
