Township of Warren, NJ Chapter 2 Administration

The form of government in the Township of Warren is the Township form which comprises Chapters 142 to 156A in Title 40 of the New Jersey Revised Statutes. The Administrative Code has been drafted in conformity with the Township law. Other enabling laws pertaining to the Administrative Chapter are R.S. 2A:8-1, et seq., Municipal Court; R.S. 40:55-36, Zoning Board of Adjustment; R.S. 40:55-1.4, Planning Board; R.S. 26:3-1, et seq., Board of Health. Other authority to regulate the internal affairs of the Township is contained in R.S. 40:48-2.

§ 2-1 TOWNSHIP COMMITTEE.

§ 2-1.1 Legislative Power.

All legislative power of the Township shall be exercised by the Township Committee pursuant to law.

§ 2-1.2 Organization of Township Committee.

The Township Committee shall organize annually during the first week in January, at which time it shall elect a mayor from among its five members. The mayor shall preside at meetings of the Township Committee and perform such other duties as the Township Committee may prescribe. In the absence or disability of the mayor, the deputy mayor shall act as temporary presiding officer.

§ 2-1.3 Powers of the Mayor.

The mayor shall be chairperson of the Township Committee and shall have the power to appoint subcommittees of the Township Committee with the consent of the Township Committee. He/she shall sign and execute documents and agreements on behalf of the Township. He/she shall have the power to make proclamations concerning holidays and events of interest to the Township. He/she shall exercise the ceremonial power of the Township and every other power usually exercised by Township mayors or conferred upon him/her by law. In the absence or disability of the mayor, the deputy mayor shall act in his/her stead.

§ 2-1.4 Meetings of the Township Committee.

Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq., as may be amended.

a. Regular Meetings. The Township Committee shall meet annually within the first week in January. The committee shall annually approve and cause to be published a schedule setting forth the dates and times of all regular meetings of the Township Committee through and including the organizational meeting for the following year. The committee may thereafter dispense with or change the date and time of a regular meeting. When the time for any regular meeting of the committee falls on a legal holiday as prescribed by law, such meeting shall be held at some other hour on some other day of the week at the convenience of the committee.

b. Special Meetings. A special meeting may be called at any time upon written request of a majority of the members of the Township Committee. The request and call for a special meeting shall specify the purpose of the meeting, and no business shall be transacted at any special meeting other than that specified. The call for a special meeting shall be filed with the Township clerk and shall be served upon each committee member as provided by law and such other notice shall be given as provided by law.

§ 2-1.5 Meetings; Rules of Township Committee.

All regular and special meetings of the Township Committee shall be open to the public and shall meet all the requirements of the Open Public Meetings Act. The rules of procedure to be followed and rules for the consideration of nominations submitted by the mayor and for the conduct of other business of the committee shall be provided by resolution. Where not otherwise provided, Robert's Rules of Order shall govern, and the Township Attorney shall be parliamentarian ex officio.

§ 2-1.6 Quorum.

A majority of the whole number of members of the Township Committee shall constitute a quorum, and no ordinance shall be adopted by the Township Committee without the affirmative vote of a majority of all the members of the Township Committee. If a quorum is not present one-half-hour after the appointed time for any meeting, the presiding officer or the Township clerk may declare the meeting adjourned.

§ 2-1.7 Roll Call Votes; Minutes.

The vote upon every ordinance, and upon every motion or resolution when requested, shall be taken by roll call, and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the Township clerk.

§ 2-1.8 Ordinances.

All ordinances shall be introduced, read, heard and enacted in the manner provided by general law.

§ 2-1.9 Execution of Certain Documents; Authorization.

All official documents on behalf of the Township requiring signature by the chief executive officer shall be executed by the mayor, or in the mayor's absence, the deputy mayor, and such execution shall be witnessed and attested to by the Township clerk. Such documents shall include, but not be limited to, ordinances, resolutions, deeds or contracts. The authorization to execute the document on behalf of the Township shall be specifically stated in a formal, written resolution adopted by the Township Committee, by a vote of a majority of those Township Committee persons comprising a quorum for purpose of conducting an official meeting.

§ 2-1.10 Election of Deputy Mayor.

Pursuant to N.J.S.A. 40A:63-b(3), the Township Committee shall have the power and authority to elect, from among its members, a deputy mayor of the committee. In the absence or disability of the mayor, the deputy mayor shall have all the powers and duties of the mayor, including the power to perform weddings, and shall serve and be known as the deputy mayor.

§ 2-1A TOWNSHIP CLERK.

§ 2-1A.1 Clerk of Township Committee.

The clerk shall serve as clerk of the Township Committee. He shall attend and keep the minutes of all meetings of the committee.

§ 2-1A.2 Ordinances and Resolutions.

a. The clerk shall record all ordinances of a permanent character in books provided for that purpose. After each ordinance he shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the mayor and the clerk, who shall attest that it was fully adopted upon a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the clerk or the mayor to sign or certify shall not impair or affect the validity of any ordinance which has been duly adopted.

b. At the close of each year the clerk with the advice and assistance of the Township Attorney shall bind, compile or codify all the ordinances, or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances.

§ 2-1A.3 Custodian of Records.

The clerk shall have custody of and safely keep all records, books and documents of the Township, except those committed by ordinance to any other office or transferred thereto by the Township Committee. He shall, on request and the payment of the fees prescribed therefor by resolution of the Township Committee for the use of the Township, furnish a certified copy of any such paper in his custody under the corporate seal of the Township.

§ 2-1A.4 Corporate Seal.

The clerk cause the corporate seal of the Township to be affixed to instruments and writings when authorized by ordinance or resolution of the Township Committee or when necessary to exemplify any document on record in his office or to certify any act or paper which from the records in his office appears to be a public act of the Township or a public document. He shall not affix the seal or cause or permit it to be affixed to any instrument, writing or other paper unless required by law or ordinance.

§ 2-1A.5 Insurance; Surety Bonds; Contracts.

The clerk, subject to the supervision of the Township Committee, shall:

a. Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee; of all insurance policies upon or with respect to risks insured for the benefit of the Township or to protect it against any claim, demand or liability whatsoever; and of all formal contracts for work, labor, services, supplies, equipment and materials to which the Township may be a party.

b. Be the depository for and have custody of all performance bonds running to the Township as obligee, or any other form of security given by any contractor, subdivision developer or other person on account of work done or to be done in or for the Township.

c. Have custody of all leases of property owned by the Township.

d. Report to the Township Committee annually at such time as it may require on the coverage, expiration date and premium of each surety bond and contract of insurance; and on the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.

§ 2-1A.6 Administrative Rules and Regulations; Filing and Publication.

The clerk shall maintain a current compilation of all such rules and regulations and it shall be available for public inspection in his office during business hours. No rule or general regulation made by any department, officer, agency or authority of the Township except such as relates to the organization or internal management of the municipal government or a part thereof shall take effect until it is filed with the clerk.

§ 2-1A.7 Oaths.

The clerk shall have the power to administer oaths in all matters concerning Township business.

§ 2-1A.8 Notice to Officers.

The Township clerk shall within five days after the Township Committee has appointed or elected any officer, whether to fill a vacancy or otherwise, cause to be delivered to or left at the place of abode of the person so elected or appointed a written notice of his election or appointment and within the same time shall file a certified copy of the record of the election or appointment with the clerk of the county.

§ 2-1A.9 Other Powers and Duties.

In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the Township Committee, the clerk shall:

a. Perform all the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.

b. Administer the provisions of Township ordinances with reference to the licensing of occupations and activities for which law or ordinance requires that licenses be obtained from the clerk.

c. Have such other different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Township Committee.

§ 2-1A.10 Deputy Township Clerk.

The Township Committee may appoint a deputy Township clerk. The deputy clerk shall have all the powers and perform all the duties of the clerk during such times and specific periods when the clerk is absent, on vacation or on leave of absence granted by the Township Committee. He shall assist the clerk in the performance of his duties as the Township Committee may prescribe. The deputy Township clerk shall serve for a one-year term expiring on December 31.

§ 2-2 TAX ASSESSOR. [1]

[1] Editor's Note: Section 2-2, entitled "Joint Municipal Tax Assessor" has been deleted in its entirety by Ordinance No. 83-5 and substituted with the above.

§ 2-2.1 Creation.

In accordance with the provisions of N.J.S.A. 40A:9-146 et seq., as amended and supplemented, there is hereby created the office of assessor.

§ 2-2.2 Appointment.

The tax assessor shall be appointed by the Township Committee.

§ 2-2.3 Term of Office; Vacancy.

The tax assessor shall hold office for a term of four years from the first day of July next following his appointment. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.

§ 2-2.4 Qualifications.

The tax assessor shall hold a tax assessor certificate provided for in P.L. 1967, c. 44 (N.J.S.A. 54:1-35.25 et seq.).

§ 2-2.5 Powers and Duties.

The tax assessor shall have all the duties, rights and obligations imposed upon or granted to him by the statutes of the State of New Jersey, including but not limited to the following:

a. Having, performing and discharging all the functions, powers and duties prescribed by law for a municipal assessor;

b. Making assessments for benefits for local improvements and, for that purpose, having and exercising the powers and duties of an assessor for local improvements as provided by law;

c. Maintaining adequate assessment records of each separate parcel of real property assessed or exempted;

d. Maintaining a current tax duplicate of the municipality as a municipal public record and causing to be recorded thereon all changes in ownership or character of the real property assessed, employing, for that purpose, the facilities of other departments as provided by law;

e. Reporting to the Township Committee as to equalization proceedings and other matters involving the County Tax Board and making recommendations as to action to be taken in that regard; and

f. Reporting to the Township Committee on all tax court or County Tax Board litigation in which the Township of Warren is a party.

§ 2-2.6 Compensation.

The tax assessor shall receive such salary or compensation as the Township Committee by ordinance may fix.

§ 2-3 POLICE DEPARTMENT.

§ 2-3.1 Establishment and Organization.

a. The Township of Warren Police Department, as has been heretofore legally established under applicable laws of the State of New Jersey, is continued. The police department shall consist of no more than a chief of police, one captain, three lieutenants, seven sergeants, 25 patrol officers and detectives, special law enforcement officers and such other superior officers and patrol persons as will be determined by the Township Committee from time to time as being proper and feasible for the department, upon recommendation of the chief of police and the Township Administrator. These members of the Warren Township Police Department shall be duly sworn.

[Amended 8-18-2022 by Ord. No. 22-20]

b. The police department shall also consist of certain civilian personnel to fill various positions, including but not limited to clerks, dispatchers and matrons. The Township Administrator shall designate and thereafter appoint appropriate numbers of the above-mentioned civilian personnel as is deemed necessary for the efficient operation of the police department. Such civilian personnel shall not be members of the department, except those who are designated as members by statute or ordinance.

§ 2-3.2 Township Committee Designated as Appropriate Authority.

In accordance with N.J.S.A. 40A:14-118, the Warren Township Committee is designated as the appropriate authority with the power to fix policies for the regulation and control of the police department. These policies shall serve as guides for the chief of police with regard to efficiency and routine day-to-day operations. The Township Committee shall adopt and promulgate rules and regulations by resolution for the government of the police force and for the discipline of its members. The mayor may annually appoint a police liaison who shall advise the Township Committee on police issues.

§ 2-3.3 Police Department Functions.

The police department shall:

a. Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections, public meetings and assemblages;

b. Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons to protect the safety and facilitate the convenience of motorists and pedestrians;

c. Remove or cause to be removed all nuisances in the public streets, parks and other public places, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department;

d. Provide proper police attendance and protection at fires;

e. Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments;

f. Operate a training program to maintain and improve the efficiency of the members of the department, subject to the budgetary approval of the Township Committee;

g. Administer and enforce the rules and regulations for the disposition, conduct and discipline of the Department; and

h. Be responsible to the Township Committee for all equipment and property of the police department and preserve, maintain and protect all such equipment and property in good order and useful condition and render a strict account thereof when called for by the Township Committee or the public safety.

§ 2-3.4 Chief of Police.

The chief of police shall be the executive head of the police department and shall have complete authority regarding the technical operations of the police department, with the primary responsibility of protecting the life and property of the inhabitants of the Township. He shall consult and cooperate with the Township Administrator and the Township Committee and be directly responsible to them for the conduct, efficiency, management and routine day-to-day operations of the department, for the enforcement of rules and regulations governing the same, and for the carrying out of all lawful orders and instructions of the Township Administrator and the Township Committee. The police chief shall, pursuant to policies established by the Township Committee:

a. Administer and enforce rules and regulations and special emergency directives of the Township Committee or the Township Administrator for the disposition and discipline of the department and its officers and personnel.

b. Have, exercise and discharge the functions, powers and duties of the department.

c. Prescribe the duties and assignments of all subordinates and other personnel.

d. Delegate such of his authority as he may deem necessary for the efficient operation of the department to be exercised under his direction and supervision; and

e. Report at least monthly to the Township Committee in such form as shall be prescribed by the Township Committee on the operation of the department during the preceding month, and make such other reports as may be requested by the Township Committee.

All orders and instructions to members of the police department other than the chief of police shall be made by or through the chief. The devolution of command of the department, in the event of inability to communicate with the chief, shall be specified in the rules and regulations adopted by the Township Committee.

§ 2-3.5 Rules and Regulations.

The Township Committee shall, by resolution, from time to time as in its judgment may seem necessary, adopt and amend the rules and regulations for the conduct and discipline of the police department and members thereof. The Township clerk shall distribute copies of any newly adopted rule, regulation or amendment promptly after its adoption to all Township Committee members and the chief of police. Any such rule, regulation or amendment shall take effect 30 days after adoption unless the Township Committee shall declare, in its resolution, that an emergency exists which requires a rule, regulation or amendment to take effect immediately. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all members and employees of the police department shall be subject to such rules, regulations and penalties.

§ 2-3.6 Qualifications and Appointments.

Each applicant for a position in the police department shall possess the qualifications required by N.J.S.A. 40A:14-122, as amended, and any other applicable statutes. The minimum age for appointment shall be 21 years old and the maximum age shall be 35 years old, except as set forth in N.J.S.A. 40A:14-127.1. With the approval of the Township Committee, the chief of police may establish additional qualifications and requirements relating to level or nature of experience, training, or particular expertise for applicants for particular positions which the police department seeks to fill. All such additional qualifications shall be clearly specified in advertisements for the open position. Appointment of a new permanent police chief shall be made by the Township Committee, taking into consideration such evaluation or evaluation process as it may deem appropriate. All appointments of other new officers of the department, and all promotions, shall be made by the Township Committee, after receipt of reports or recommendations submitted by the police chief.

§ 2-3.7 Powers, Duties and Compensation.

a. Members of the police department shall have the powers and duties and shall be subject to the discipline prescribed by law, the ordinances of the Township and the rules and regulations adopted pursuant thereto except as specifically set forth in paragraph b of this subsection 2-3.5, members of the police department shall receive such compensation for their services as shall be lawfully determined by the Township Committee.

b. In accordance with N.J.S.A. 40A:14-135, as said statute may be amended and supplemented from time to time, whenever any member of the police department is required to appear as a witness before any grand jury or at any municipal, county, Superior or Supreme Court proceeding, except in a civil action, the time during which said member is so engaged shall be considered a time of assignment to, and performance of duty. When such appearance occurs during the member's assigned duty hours, said member shall suffer no loss in compensation. When such appearance occurs outside the member's assigned duty hours, said member shall receive either compensatory time off from his regular duty hours or additional compensation.

§ 2-3.8 Disciplinary Action.

a. Disciplinary action shall be taken against members of the police department in accordance with N.J.S.A. 40A:14-147, court decisions and the rules and regulations adopted by resolution pursuant to subsection 2-3.5 above. Police officers may be disciplined for the reasons set forth in N.J.S.A. 40A:14-147, including but not limited to misconduct or disobedience of rules and regulations.

b. Disciplinary action shall be initiated by written complaint. The complainant must serve a copy upon the respondent and the chief of police. All complaints shall specify the disciplinary charge(s) and shall notify the respondent of the date, time and place of the hearing, which shall be not less than 10 nor more than 30 days from the date of service thereof upon the respondent. A failure to comply with these provisions as to the service of the complaint shall require a dismissal of the complaint. Prior to serving the complaint, the complainant shall ask the hearing officer, as specified in paragraph e, to designate a hearing date within the specified time limits. Adjournment of up to 45 days may be granted if both parties consent.

c. A complaint charging a violation of the rules or regulations adopted pursuant to subsection 2-3.5 above shall be filed no later than the 45th day after the date on which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of a respondent for a violation of those rules or regulations is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state, in which case the forty-five-day limit shall begin on the day after the disposition of the criminal investigation. A failure to file a complaint within the forty-five-day limits of this paragraph shall require dismissal of the complaint, except that the forty-five-day limits of this paragraph shall not apply to complaints filed against respondents by private individuals.

d. Upon the filing of a complaint by a private individual, the chief of police shall cause the department to conduct an internal investigation. If the internal investigation finds probable cause to believe that there has been a violation of the department rules and regulations, the officer in charge of the investigation shall file departmental charges and the matter shall proceed as otherwise provided in this subsection 2-3.8. If the internal investigation does not find such probable cause, departmental charges shall not be filed.

e. Hearings.

1. The hearing on a complaint shall be before the hearing officer. If the complaint involves disciplinary proceedings against a permanent sworn member of the police department, and the potential penalty would be a suspension for five days or less, then the hearing officer shall be the chief of police. Otherwise, the Township Committee shall, by resolution, appoint a hearing officer to hear complaints filed against members and officers of the police department. As used in this section, "hearing officer" shall mean the person, who shall have law enforcement experience or shall be an attorney at law admitted to practice in the State of New Jersey, before whom the hearing is conducted, and shall function as the trier of fact and shall sustain or dismiss the charge(s). The hearing officer shall have the authority to issue subpoenas for testimony of witnesses of fact and documentary evidence in accordance with N.J.S.A. 40A:14-148. The hearing officer shall determine the appropriate disciplinary action pursuant to rules and regulations as adopted by the Township Committee, pursuant to subsection 2-3.5 above.

2. At the hearing, the parties shall be bound by the rules of evidence. The complainant shall have the burden to prove each disciplinary charge by a preponderance of the evidence. The complainant and respondent may examine and cross-examine witnesses, retain counsel, offer evidence and obtain reasonable discovery. The hearing shall be transcribed by a certified shorthand reporter.

3. All hearings shall be bifurcated, with the issue of liability determined first, and thereafter a further hearing shall be conducted, if necessary, to determine the issue of punishment. If the hearing officer determines that the appropriate disciplinary action shall be removal from the police department, such decision shall be referred to the chief of police and the Township Committee. The Township Committee, upon recommendation by the chief of police, and the decision of the hearing officer, shall ultimately determine whether or not to remove said officer or member from service. Such consideration and determination by the Township Committee shall not be a de novo review of the hearing before and decision of the hearing officer.

4. The hearing officer shall issue a written decision within 15 days after the hearing, setting forth findings of fact and conclusions of law. The hearing officer shall further set forth the disciplinary action, if applicable. The decision of the hearing officer shall be final, subject to review in the Superior Court in accordance with N.J.S.A. 40A:14-150.

f. Disciplinary action against a police officer includes counseling, oral reprimand, written reprimand, fine, voluntary surrender of time off in lieu of a fine, voluntary surrender of accumulated overtime in lieu of a fine, suspension, demotion or removal from the police force.

g. Notwithstanding the disciplinary procedures set forth herein, the chief of police and his designated representatives within the police department shall have sole and exclusive authority to exercise all other disciplinary procedures, as set forth in the police department's rules of discipline, for the disciplining of permanent sworn members of the police department.

h. Any permanent sworn member of the police department (no matter of what magnitude a prospective penalty may be) may, nevertheless, by writing signed by him and filed in the office of the chief of police, waive his right to have written charges preferred against him and an examination thereof by the hearing officer, and consent to the summary imposition against him of a specified penalty by the chief of police.

i. Anything herein to the contrary notwithstanding, a permanent sworn member of the police department may, pursuant to the rules and regulations, be suspended without pay pending a hearing on charges, but such hearing shall be commenced within 30 days after service of a copy of the charges upon him, failing which the charges shall be dismissed and the member returned to duty pursuant to N.J.S.A. 40A:14-147, N.J.S.A. 40A:14-149, and N.J.S.A. 40A:14-149.1.

j. Should a disciplinary charge be sustained by the hearing officer, the respondent may obtain court review thereof in the manner prescribed by law.

k. The disciplinary procedures set forth herein do not apply to probationary officers, who may be removed at any time during their probationary period or at its conclusion upon notice and an opportunity to be heard.

§ 2-3.9 Special Law Enforcement Officers.

a. Establishment and Organization. There is hereby established the position of special law enforcement officer for the Township of Warren Police Department. The position of special law enforcement officer shall be a temporary office and shall not be a permanent regular office. No special law enforcement officer, by virtue of his or her appointment shall be a member of the police department. Such officer(s) shall serve the Township, subject to the eligibility criteria, limitations and requirements set forth in the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.10 et seq.

b. Appointment; Hours of Duty; Term of Office. The chief of police, with the prior approval of the Township Committee, may appoint special law enforcement officer(s) to the Township's police department. The number of special law enforcement officer(s) may not exceed 25% of the total number of regular police officers. Special law enforcement officer(s) shall not be permitted to work more than 20 hours per week, except as needed in an emergency situation. The appointment for a special law enforcement officer shall not exceed one year.

c. Qualifications. No person shall be appointed to the position of special law enforcement officer within the Township unless he or she meets the following qualifications:

1. A resident of this state during the term of appointment.

2. Able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.

3. Sound in body and of good health and able to pass a yearly physical examination provided by the Township.

4. Of good moral character.

5. Has not been convicted of any offense involving dishonesty or which would make him or her unfit to perform the duties of his or her office.

6. Has successfully passed a NJ PTC SLEOII class from an accredited New Jersey Police Academy or has previous Law Enforcement experience as defined in N.J.S.A. 40A:14-146.10(f).

d. Duties; Classifications of Special Law Enforcement Officer.

Only Class II (SLEOII) offices shall be employed in Warren Township.

Officers of this class are authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training and instruction as required by law.

e. Compliance with Rules and Regulations of Police Department. Every special law enforcement officer, while on duty, shall abide by the rules and regulations (including any and all standard operating procedures) of the police department. Any violation of rules and regulations, where the penalty for a police officer is suspension or dismissal, may result in the immediate dismissal of the special law enforcement officer.

§ 2-3.10 Term of Office.

The term of the permanent officers and patrol persons employed in the department shall be for the time that good behavior and efficiency is maintained. Every newly appointed officer shall serve a probationary period which shall run for 12 months from the start of employment as an officer. No member shall serve as an officer or a member of the department after attaining the age of 65 years. Probationary officers may be removed from employment by the Township at any time during their probationary period or at its conclusion upon notice and an opportunity to be heard.

§ 2-3.11 Intermunicipal Assistance.

a. Agreement for intermunicipal police assistance at times of any and all emergencies is hereby established with those municipalities, (specifically each municipality in the County of Somerset, the Township of Berkeley Heights in the County of Union and Long Hill Township in the County of Morris) which have by ordinance entered into an intermunicipal agreement for mutual police and fire aid similar to that authorized by subsection 2-28.4 herein.

b. Intermunicipal Assistance. The chief of police of the Township of Warren shall provide assistance to requesting municipalities, to the extent possible without endangering persons or property within the municipality rendering assistance. The members of each police department and fire department supplying aid shall have the same powers, authority, rights and immunities of the members of the police department or fire department of the requesting municipality while providing assistance to a requesting municipality.

c. Expenses. Township of Warren shall assume the costs and expense of providing its personnel and equipment to the requesting municipality, except when the requesting municipality receives state or federal aid by way of reimbursement. When state or federal aid is received by the requesting municipality, the Township of Warren shall certify its costs and expenses to the requesting municipality to the extent necessary so that the Township of Warren does not bear a greater proportion of unreimbursed costs and expenses than the requesting municipality.

d. Senior Ranking Officer. When police or fire assistance is requested pursuant to this agreement, the chief of police of the requesting municipality shall be the senior ranking officer of all members of any police department rendering assistance, and the fire chief of the requesting municipality shall be the senior ranking officer of all members of any fire department rendering assistance.

e. Injury and Death Benefits. Members of any police department or fire department who suffer injury while providing assistance pursuant to this agreement, or their legal representative if death results, shall be entitled to all of the benefits they would have received if injury or death had occurred in the Township of Warren where their duties are normally performed. The Township of Warren where their duties are normally performed shall provide such injury or death benefits.

f. Withdrawal from Agreement. Township of Warren may withdraw from and terminate its part in the intermunicipal agreement at the end of any calendar year, provided that notice of its intention to terminate is given no later than the prior November 12th to every other participating municipality. Otherwise, the agreement shall remain in force from year to year.

g. Report to Governing Body. The chief of police and fire chief shall annually, as soon after the end of the calendar year as practicable provide the Township Committee with brief summaries of the types of services rendered and received under the intermunicipal agreement along with any appropriate comments and recommendations.

§ 2-3.11A Interlocal Agreement for Off-Duty Police Employment.

a. The Township of Warren is hereby authorized to enter into the mutual aid agreement and interlocal agreement for off-duty police employment with Chatham Township, Chatham Borough, City of Summit, Madison Borough, Borough of New Providence, Township of Berkeley Heights, Town of Morristown, Morris Township, Long Hill Township, Harding Township, and Bernards Township.

b. The mayor and Township clerk are hereby authorized to execute the mutual aid agreement and interlocal agreement for off-duty police employment.

c. If any article, section, subsection, sentence, clause or phrase of this subsection is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this subsection and they shall remain in full force and effect.

d. In the event of any inconsistencies between the provisions of this section and any prior ordinance of the Township of Warren, the provisions hereof shall be determined to govern. All other parts, portions and provisions of The Revised General Ordinances of the Township of Warren are hereby ratified and confirmed, except where inconsistent with the terms hereof.

§ 2-3.12 Police Matrons.

The Township Committee may appoint police matrons for terms not exceeding one year each, and may revoke such appointments without cause or hearing. Police matrons shall be members of the police department but shall not receive tenure and shall receive only such compensation as is lawfully determined by the Township Committee.

§ 2-3.13 Investigations of Police Department Operations.

Nothing contained in this section 2-3 shall prevent the appointment by the Township Committee of committees or commissions to conduct investigations of the operation of the police department, and the delegation to such committees or commissions of such powers of inquiry as the Township Committee deems necessary or to conduct such hearing or investigation authorized by law. Nothing contained in this section 2-3 shall prevent the Township Committee, or the Township Administrator, from examining at any time, the operations of the police department or the performance of any police officer or member of the police department.

§ 2-3.14 Outside Employment of Off-Duty Police Officers.

a. Police officers may work for outside private contractors on their off-duty hours with the approval of and provided the chief of police determines, in his/her discretion, that there are sufficient police personnel available, that the outside employment assignment will not interfere with the needs of the Township, and that sufficient funds have been deposited in an escrow account with the Township chief financial officer to cover the anticipated costs of such off-duty assignments. Such work shall hereinafter be referred to as off-duty police services or employment.

b. Any prospective contractor must apply to the chief of police, or his/her designee, requesting off-duty police services. The written application shall include the following information:

1. The dates that off-duty police services and, if appropriate, police vehicle(s) will be needed.

2. The nature of the off-duty police services requested.

3. An estimate of the number of off-duty police officer(s), and an estimate of the number of hours the contractor anticipates needing such police officer(s) and, if appropriate, police vehicle(s). The chief of police, or his/her designee, based upon the contractor's application, will ultimately determine the number of police officer(s) and number of hours of officers needed for each application.

c. The funds to cover the cost of off-duty police services and use of any Township vehicles, based on the estimated number of officers and hours as determined by the chief of police, or his/her designee, shall be submitted to the chief of police, or his/her designee, which shall be forwarded to Township chief financial officer, or his/her designee, before the start of any off-duty employment in accordance with state and Division of Local Government services regulations. The Township chief financial officer has established an escrow account for funds dedicated to the payment of off-duty police officers for outside employment by private contractors. All funds received for off-duty police services shall be deposited and kept in this account. All payments to the police officers for such services shall be made from the funds in this account.

d. If the contractor's needs exceed the estimated sum in the escrow account, the chief of police, or his/her designee, shall immediately notify the contractor that the funds in the escrow account are insufficient to pay for continued off-duty police services. The contractor shall then either replenish the escrow account with an amount sufficient to pay for continued services or the chief of police, or his/her designee, shall immediately terminate provision of the off-duty police services to the contractor, unless the chief or his/her designee determines such termination would be a danger to the safety and welfare of the public.

e. If the contactor's estimated costs exceed the actual costs incurred, then the Township shall, upon proper notice to the Township chief financial officer, and certification from the chief of police, or his/her designee, that the project is completed and no further police services are needed, refund the remainder of the escrow account.

f. Hourly rates for off-duty police services, including the rate of pay for "Active" Traffic Control and off-duty police services, as well as all work outside of the Township, and the rate of pay charged to public entities shall be set by the collective bargaining contract between the Township and the police department. The current hourly rates are available upon request to the police department. Hourly rates set forth herein are subject to change pursuant to any change in future collective bargaining contracts with the police department.

In addition to the hourly rates noted above, an administrative fee will be charged to the contractor. The administrative fee is also set by the collective bargaining contract with the police department, and is available upon request to the police department.

Any non-Township police officer hired to perform off-duty police services within the Township, upon the prior approval of the chief of police, or his/her designee, shall be charged and paid the hourly rates pursuant to the rates set forth by the agency from which such officers are stationed. The Township shall not collect funds for, nor make any payment to non-Township officers. Any payment for the off-duty police services of non-Township officers shall be made pursuant to the terms and regulations of the agency from which such officers are stationed.

The failure of a contractor to contact the police department at least two hours in advance of the start of an assignment to cancel the request for off-duty police services will result in a four hour charge to the contractor.

g. In event of an emergency situation, where the written application for off-duty police services cannot be made prior to the date such service is required, payment for such service must be made to the Township within two days after the emergency situation has been resolved or concluded. For the purposes of this subsection, "emergency situation" shall mean any construction, maintenance or repair required to be performed as a result of an unforeseen event or act of God, whereby the private contractor had no prior notice of the condition, and off-duty police services are required for the public safety and welfare, which determination is left in the sole discretion of the chief of police.

h. If any contractor fails to post funds pursuant to this subsection, and the chief of police, or his/her designee, determines that there is a threat to the public safety and welfare by the termination of the off-duty police services to the contractor, or it is an emergency situation and the contractor fails to submit payment for the off-duty police service within two days after the emergency situation has been resolved or concluded, a summons shall be issued to such contractor requiring a court appearance before the Warren Township Municipal Court for payment of the amount owed for such service, along with a penalty pursuant to section 3-21, wherein each day the funds are not submitted to the Township shall constitute a separate violation of this subsection.

§ 2-4 FIRE DEPARTMENT.

§ 2-4.1 Establishment of Department; Duties.

There is hereby established in the Township a volunteer fire department, which shall be known as the Warren Township Volunteer Fire Department. The principal duties of the department shall be the extinguishing and prevention of fires and the maintenance of apparatus, equipment and an organization for the same.

§ 2-4.2 Companies.

The department shall consist of volunteer fire companies situated within the Township which apply for permanent membership in the same, accept the conditions of participation and are approved by resolution of the Township Committee. The conditions of participation shall be strict compliance by the company and all its present and future members with all the provisions of this section, and any bylaw, rule, regulation or order adopted, promulgated or made under the authority of this section, and any other conditions contained in the resolution of the Township Committee approving the company's participation.

§ 2-4.3 Departmental Officers.

The officers of the department shall be a chief and as many assistant chiefs as there are participating companies. The chief shall be nominated by a majority vote of all members of the department present and voting at an annual meeting of the department which shall be held during the first week of December. One assistant chief shall be nominated from among its own membership by each participating company within two weeks following the annual meeting of the department. The nominations shall immediately be presented to the Township Committee and, if approved by the Township Committee at its annual organization meeting, the nominees shall be the officers of the department from the time of such approval until the next annual organization meeting of the Township Committee. In the event of any vacancy arising among the departmental officers, a nomination for the filing of such vacancy shall be presented by similar means to the Township Committee within 30 days and voted upon by the Township Committee at or prior to its second regular meeting following presentation. Any rejection of a nomination by the Township Committee shall constitute the creation of a vacancy as of the time of such rejection. In the event of failure to present a nomination as hereinabove provided, the Township Committee may appoint any member of the department to the office for which no nomination was presented. Any officer whose term has expired but for whom no successor has been appointed shall remain in office only for so long as shall be necessary to appoint a successor.

§ 2-4.4 Board of Fire Officers.

The chief and assistant chiefs shall constitute the board of fire officers and shall meet monthly with the fire committee of the Township Committee which shall consist of one member of the Township Committee. At such meeting, the board shall report on all alarms, fires, drills and maneuvers of the preceding month, the condition of apparatus and equipment, and such other matters as may be appropriate. Once each year, the board shall cause an inventory to be made of all apparatus and equipment and report the same to the fire committee. The chief, with the advice of the board, shall promulgate such standing rules, regulations or orders pertaining to the extinguishing and preventing of fires and the maintenance of apparatus and equipment as may be deemed advisable.

§ 2-4.5 Company Officers.

Each participating company may have a captain, a first lieutenant, a second lieutenant and an engineer, selected pursuant to and for such terms as may be established in bylaws of the company. The engineer shall be primarily responsible for the proper operation and care of the apparatus and the training of drivers. The engineer and the assistant chief from his company shall select those members of the department whom they deem qualified to drive and operate their apparatus, and no member not so selected shall drive or operate the apparatus at any time except when accompanied by the engineer for training purposes.

§ 2-4.6 Command of Operations.

[Ord. 4/11/63; Ord. No. 64-6 § 1; Ord. No. 07-64 § 1; amended 2-28-2019 by Ord. No. 19-09]

All operations of the department shall be subject to a command of operations plan filed with the Township Committee. Said command of operations plan shall comply with all state and federal requirements regarding same. All amendments and revisions to the department's command of operations plan must be likewise submitted to the Township Committee within 14 days of their adoption by the department.

§ 2-4.7 Membership.

[Ord. 4/11/63 § 7; Ord. No. 64-6 § 1; Ord. No. 73-4; Ord. No. 07-64 § 1]

All applicants 18 years of age or older who are members in good standing of a volunteer fire company situated in the Township shall be deemed members of the department immediately upon such company becoming a participating company; a list of the names and addresses of all such men shall be provided to the Township Committee as part of the company's application for participation in the department. Each participating company subsequently may appoint, subject to confirmation by the Township Committee, such personnel 18 years of age or older who qualify for membership pursuant to bylaws of the department and company. Members less than 18 years of age may be appointed as junior members by resolution of the Township Committee and upon such special terms and conditions as may be established by resolution of the Township Committee.

§ 2-4.8 State Associations; Exempt Certificates.

[Ord. No. 64-6 § 2; Ord. No. 07-64 § 1]

The department is authorized to apply for membership in the New Jersey State Fireman's Association. Participation in the association and benefits of the association shall be limited to those members of the department who meet the qualifications of N.J.S.A. 40A:14-55 through N.J.S.A. 40A:14-58. Certificates of exemption shall be issued by the Township to members of the department who qualify for the same pursuant to the same statutes.

§ 2-4.9 Auxiliary.

[Ord. 4/11/63 § 8; Ord. No. 07-64 § 1]

There is hereby established a women's auxiliary to The Warren Township Volunteer Fire Department, which shall be known as The Warren Township Volunteer Fire Department Auxiliary. The duties of the auxiliary shall be to assist the department in the performance of its duties enumerated in subsection 2-4.1, except such assistance as would involve the actual fighting of fire. The auxiliary shall have such officers as it may establish by its own bylaws, but it shall at all times be subject to the rules, regulations and orders of the departmental officers. All women who are members in good standing of an auxiliary to a volunteer fire company situated in the Township shall be deemed members of the auxiliary immediately upon such company's becoming a participating company in the department; a list of the names and addresses of all such women shall be provided to the Township Committee as part of the company's application for participation. The auxiliary of each participating company subsequently may appoint, subject to confirmation by the Township Committee, such women who qualify for membership pursuant to bylaws of the auxiliary and the company auxiliary.

§ 2-4.10 Fire Police.

[Ord. 4/11/63 § 9; Ord. No. 92-18 § 1; Ord. No. 07-64 § 1; Ord. No. 13-15]

There shall be a division of the department known as the fire police who shall perform certain police duties at fires and fire drills. The fire police shall have such officers as it may establish by its own bylaws. Members of the fire police shall be appointed from among members of the department who have successfully completed The New Jersey Fire Police Basic Training Course or an equivalent course approved by the New Jersey Division of Fire Safety. Fire police shall have a term of office not exceeding one year from the date of the appointment. Such members shall, before entering upon their duties, qualify by taking and subscribing an oath that they will justly, impartially and faithfully discharge their duties according to the best of their ability and understanding. Said oath shall be administered by the municipal clerk and subscribed to in triplicate. The original copy of said oath shall be filed with the municipal clerk and a copy thereof filed with the secretary of the fire company making such appointment.

Nothing herein contained shall give the fire police any right to supersede a duly authorized police officer. It shall be the duty of the fire police to perform their duties under the supervision of the fire officer in charge of the fire or fire drill. Fire police shall have the ability to act in the Township where appointed, or in another jurisdiction if activated with the Township fire department through a mutual aid request. The duties of the fire police, subject to the supervision aforesaid, shall be to: (1) protect property and contents; (2) establish and maintain fire lines; (3) perform such traffic duties as necessary from the fire station to and at the vicinity of the fire, fire drill or other emergency call, until the arrival of a duly authorized police officer; and (4) wear the authorized fire police badge on the left breast of the outermost garment while on duty.

§ 2-4.11 Associate Members.

Any company or company auxiliary may appoint and retain associate members without confirmation by the Township Committee, but no associate member shall be deemed a member of the department or auxiliary or perform any duties of the department or auxiliary enumerated in this section.

§ 2-4.12 Bylaws of Departmental Organizations.

The members of the department and other organizations established hereunder are hereby authorized to supplement this section with bylaws pertaining to their organization and membership, adopted and amended in such manner as they shall determine, provided that the same shall not conflict with any provision of this section or be in derogation of any authority vested by this section.

§ 2-4.13 Supervision of Membership.

Each participating company, the department, the auxiliary, and the fire police, shall supervise its own memberships in accordance with its own bylaws, except that no expulsion, suspension or other disciplining of a departmental officer shall become effective until reviewed and affirmed by the Township Committee. The board of fire officers shall have the authority to expel, suspend or otherwise discipline, after hearing, any member of the department or auxiliary as it may deem necessary for proper and efficient operation of the department, and the departmental officer in charge of any operation may, for disobedience of an order, immediately suspend any member until the next ensuing meeting of the board. The Township Committee may remove or suspend a departmental officer from his office if after hearing it determines such action to be necessary for proper and efficient operation of the department. Each member organization, through the fire chief, shall immediately notify the Township Committee of any change in its membership occasioned by resignation, death or expulsion.

§ 2-4.14 Budget and Appropriations.

The board of fire officers shall, during the first three weeks of October in each year, prepare and submit to the fire committee a proposed operating budget for the coming year containing suggested amounts for supplies and repair, replacement and acquisition of equipment. In addition to appropriating funds for these purposes and the acquisition of apparatus, the Township Committee shall appropriate and pay to each participating company such funds as it deems equitable compensation for the proper housing and care of the apparatus and equipment entrusted to such company.

§ 2-4.15 Use of Apparatus and Equipment.

No apparatus or equipment shall be used or removed from its normal place of storage for any purpose other than those of the department without special permission from the board of fire officers. No apparatus or equipment shall be taken outside the Township boundaries without special permission from the board of fire officers or, in the case of emergency, orders of the departmental officer in charge of the department's overall operation in regard to the emergency, except that the board of fire officers may promulgate standing orders authorizing particular immediate responses to requests for mutual aid assistance.

§ 2-4.16 Repairs and Alterations.

Whenever any apparatus or equipment shall be in need of repair or alteration, it shall be the duty of the company engineer or, in his absence, the highest ranking company officer, to report the same immediately to the chief, who shall in turn report it to the fire committee. No person shall make or permit any repairs or alterations to be made without the consent of the fire committee except in case of emergency making the obtaining of such consent inadvisable.

§ 2-4.17 Fire Duty by Nonmembers.

No person or group of persons not members of the department shall participate in the extinguishing of fire in the Township except upon express request of and under the supervision of the departmental officer in charge. However, nothing in this subsection shall be construed to abrogate any mutual aid agreement, to prohibit any regular fire fighting organization of the state or another municipality from combating any fire to which, through error, it may have been summoned in lieu of the Township department, or to prohibit emergency action prior to arrival of an officer or elements of the department, provided that persons taking such emergency action first ensure that the department is notified.

§ 2-4.18 Installation of Fire Warning and Carbon Monoxide Detection Devices.

a. In any case where a change in occupancy of any structure used or intended for use for residential purposes by not more than two households is subject to Chapter 8 of the Revised General Ordinances of the Township of Warren, requiring the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises, no such certificate shall be issued until the fire chief, fire marshal or other designated personnel, as provided hereinafter, has determined that the building is equipped with a smoke-sensitive alarm device(s), carbon monoxide detector(s) and a portable fire extinguisher as required by this subsection.

In the case of change of occupancy of any structure used or intended for use for residential purposes by not more than two households, where there is no requirement for the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises, no owner shall sell, lease or otherwise permit occupancy for residential purposes of such structure without first obtaining from the fire inspector or other designated personnel, as provided hereinafter, a certificate evidencing compliance with the requirements of this subsection.

b. In all multiple dwellings of more than two families, upon the termination of any existing tenancy and prior to the occupancy of each apartment unit located in said multiple dwelling, the owner of said multiple dwelling shall be required to install household fire warning devices and carbon monoxide detectors as hereinafter provided. The owner of the multiple dwelling shall be deemed to be the owner of the household fire warning devices and carbon monoxide detectors. This section shall not reduce the requirements of the Uniform Construction Code, New Jersey Department of Community Affairs, or any other entity having control over multifamily dwellings and shall be deemed to be in addition to those requirements.

c. The smoke-sensitive alarm devices hereinabove provided for shall be sensitive to the visible and invisible products of combustion. Devices that are only heat sensitive or that detect only flame or infrared rays are not authorized. Smoke-sensitive alarm devices as referred to in this section shall comply with Underwriters Laboratories Standard No. 217. Carbon monoxide detectors shall comply with Underwriters Laboratories Standard No. 2034. Each detector shall have a label indicating that it meets UL 2034 requirements. All devices and equipment shall be approved or listed by a nationally recognized testing laboratory, i.e., UL or FM.

d. Any and all structures used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.

In multiple dwellings, in addition to the smoke-sensitive alarm devices being required in each dwelling unit, there shall be a smoke-sensitive alarm device located at the top of each stairway and/or exitway so as to warn the occupants of the dwelling units (or apartments) served by each such stairway or exitway. In the event additional locations for detectors are mandated by the Uniform Construction Code, Department of Community Affairs or any other entity having control over multifamily dwellings, the said regulations shall likewise be complied with.

Any and all structures used or intended for use for residential purposes by not more than two households, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedure Act," N.J.S.A. 52:14B-1 et seq. For the purposes of this subsection, a portable fire extinguisher shall mean an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is: (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency. Also, for the purposes of this section, a seasonal rental unit shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.

e. The installation, testing and maintenance of smoke detectors shall comply with the applicable sections of the latest edition of the National Fire Prevention Association's Standard No. 72, National Fire Alarm Code. It shall be the obligation of the owner of such smoke detectors to maintain the same in operable condition at all times.

f. The installation, testing and maintenance of carbon monoxide detectors shall comply with the applicable sections of the latest edition of the National Fire Protection Association Guideline No. 720, recommended practice for the installation of household carbon monoxide warning equipment. It shall be the obligation of the owner of such carbon monoxide detectors to maintain the same in operable condition at all times.

g. The enforcement and administration of the provisions of this subsection shall be and the same are hereby delegated to the Warren Township Volunteer Fire Department. The chief of said fire department will appoint inspectors and provide the names of the said inspectors to the Township Administrator. No inspections will take place by the said inspectors until their names are provided to the Township Administrator.

h. The Chief of the Warren Township Volunteer Fire Department will prepare and arrange for the dissemination of appropriate forms, certificates and other required paperwork to implement the requirements of this subsection. The certification of compliance with the terms of this subsection may be executed by any of the appointed inspectors referred to above, the fire chief, the Township clerk or the Township Administrator once compliance has been completed.

i. Any owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any residential structure when the premises do not comply with the requirements of this subsection 2-4.18, or without complying with the inspection and certification requirements of this section, shall be subject to a fine of not more than $500 in the case of a violation for an alarm device, or a fine of not more than $100 in the case of a violation for a portable fire extinguisher.

j. The owner of the structures referred to herein, which require the installation of household smoke-sensitive alarm and carbon monoxide alarm devices, and portable fire extinguishers, shall be required to order an inspection to verify the owner's compliance with the terms hereof from the Warren Township Fire Chief. The cost of this inspection, to be paid at the time of ordering the same, shall be $50 if the ordering of the inspection and payment of the fee due is completed at least five days before the time of the requested inspection. The fee shall be $80 if the ordering of the inspection and payment of the fee due is completed four days or less before the time of the requested inspection. The fee for any required reinspection (which shall not be those inspections referred to in paragraph k hereof) shall be $35 which shall be due and payable prior to the reinspection. The above fees shall cover carbon monoxide detection, smoke-sensitive alarm devices and portable fire extinguishers or either of the same.

k. The inspector performing the inspection called for herein shall only be required to wait 10 minutes after the time set for the performance of the inspection. If the person ordering the inspection does not appear to let the Township inspector into the property to be inspected within that ten-minute period, then the owner will forfeit his or her inspection fee and will have to reapply and pay a new fee for another inspection.

l. The Township of Warren will split equally the fees paid hereunder with the volunteer fireman performing the inspection. The volunteer fireman entitled to payment will be paid by the Township monthly upon submission of the appropriate voucher.

m. All certificates of compliance issued hereunder shall be valid for the period of six months from the date of issuance. In the event that the closing of title for the property or leasing or other change in occupancy for which a certificate is issued does not take place within the said six-month period, the owner of the property will obtain a reinspection of the same at the cost set forth hereinabove.

§ 2-4.19 Rapid Response Key Boxes.

[Ord. 2000-1, S 1.]

a. All new privately owned or public nonresidential buildings in the Township, or existing nonresidential buildings which undergo a substantial renovation which requires that a new certificate of occupancy be issued or which is subject to a change in use as defined in the Uniform Construction Code or has a change in tenancy shall be equipped with a rapid response key box at a location approved by the Township fire marshal. The key box shall be a UL type and size approved by the Township fire marshal.

b. Relative to the "change in tenancy" referenced in paragraph a above, the fire marshal shall have the right to waive the requirement to install the required rapid response key box if the fire marshal finds, in his/her sole judgment, that the new tenancy is of the size, type or other characteristic that can safely exist without the installation of the said rapid response key box.

c. Rapid Response Key Boxes. The rapid response key boxes shall contain the following:

1. Keys to locked points of egress, whether in interior or exterior of the buildings;

2. Keys to the locked mechanical rooms;

3. Keys to the locked elevator rooms;

4. Keys to elevator controls;

5. Keys to any other areas that may be required by the Township fire marshal.

6. A card containing the emergency contact people and phone numbers for the building;

In addition, floor plan of the rooms within the building may be required by the Township fire marshal;

d. Time for Compliance. No certificate of occupancy shall be issued for any new nonresidential building or existing building which is required to install a rapid response key box hereby until the rapid response key box called for therein has been installed and the same contains the items referred to in subsection 2-4.19b above.

§ 2-5 PAYMENT OF CLAIMS.

§ 2-5.1 Method.

[Ord. 65-3, S 1.]

Any party claiming payment from the Township shall present to the Township clerk an itemized bill or detailed demand duly certified upon forms furnished by the Township clerk.

§ 2-5.2 Approval of Finance Committee.

[Ord. 65-3, S 2.]

Every claim shall be approved for payment by at least two members of the finance committee whose signatures shall appear thereon and shall be further approved by the chairman of the committee having jurisdiction over the material furnished or the service rendered. All claims shall then be presented to the Township Committee for formal approval at a public meeting.

§ 2-5.3 Approval of Township Committee.

[Ord. 65-3, S 3.]

All claims shall then be considered by the Township Committee, which shall approve the same, except that the Township Committee may, by majority vote, reject any claim presented to it stating the reasons therefor. Any claim which is rejected or disapproved shall be returned to the Township clerk with such instructions as the Township Committee may deem appropriate.

§ 2-5.4 Record of Claims.

[Ord. 65-3, S 4.]

It shall be the duty of the Township clerk to record all claims in the official minutes, indicating that the Township Committee has by formal action approved the same or, in the case of a rejected claim, with an appropriate record of its rejection or disapproval and the reasons therefor.

§ 2-5.5 Preparing Checks.

[Ord. 65-3, S 5.]

It shall be the duty of the Township clerk or such other officer as may be designated by resolution of the Township Committee, to indicate on each approved claim that it has been approved for payment and to note the day of approval thereon. Thereupon the necessary checks for the payment of approved claims shall be prepared forthwith, which checks shall be signed by the mayor or other chief executive officer and the Township clerk or deputy Township clerk, and thereafter countersigned by the Township treasurer or other custodian of funds. After checks have been prepared for payment of claims and duly signed, they shall be recorded in proper books of account and thereafter mailed or otherwise distributed to the claimant.

§ 2-5.6 Payroll.

[Ord. 65-3, S 6.]

In the case of payroll, the appropriate committee chairman, or such other officers or employees as may be designated by resolution of the Township Committee shall prepare the necessary pay-rolls for all employees, which payrolls shall be duly certified by the persons authorized to certify that the services have been rendered and the amount specified is then due and owing to the employee or employees. The payroll shall then be presented to the Township Committee for approval at a public meeting and after approval shall be paid in due course.

§ 2-6 FEES FOR VARIOUS MATERIALS.

§ 2-6.1 Established.

[Ord. 66-10, S 1; Ord. 79-11, S 1; Ord. 86-10, S 1; Ord. 88-31, S 1; Ord. 90-24, S 1; Ord. 93-3, S 1; Ord. 94-8, S 1; Ord. 95-21, S 1; Ord. 02-29, S 1; Ord. 04-25, S 1; Ord. 06-22, S 1; Ord. 07-68, S 1; Ord. 10-11, S 1; Ord. No. 2017-01; 5-9-2019 by Ord. No. 19-31]

The following fees are hereby fixed and established for government records:

a. Any 24 inches by 36 inches reproduction or larger: $5 each.

b. Copies of miscellaneous maps: $1 per sheet.

c. Copies of all records reproduced by copy machine: $0.05/letter size and $0.07/legal size, per page and $0.10 per ledger size of 11 inches by 14 inches, per page.

d. Copies of ordinances prior to adoption, no charge.

e. Conservation easement markers, $5 each.

f. Copy of DVD, $3 each.

g. Copy of CD, $2 each.

h. Postage fees for the mailing of various materials shall be calculated in accordance with U.S. Postage current rates.

i. Special service charge: $50 per hour for clerical; $75 per hour for supervisory which shall be in addition to the actual cost of duplicating the government record to reflect the expense associated with the extensive use of Township information, technology or resources or the extensive clerical or supervisory assistance by Township personnel. Township personnel shall notify the requestor of any anticipated special service charge in advance.

j. Retrieval of boxed archived records: the actual cost of retrieving records from the archival facility, including the return of such records, shall be paid by the requestor before arrangements are made to retrieve the records by Township personnel. Township personnel shall inform the requestor of the total retrieval cost before arrangements are made to retrieve any archived records.

§ 2-6.2 Requests for Copies.

[Ord. 66-10, S 2; Ord. 79-11, S 1.]

All requests for copies of materials described in this section shall be made to the Township clerk and all fees and service charges made pursuant to the provisions of this section shall be paid to the Township clerk.

§ 2-7 MUNICIPAL COURT.

§ 2-7.1 Established; Powers.

There shall be a municipal court in the Township pursuant to the provisions of N.J.S. 2A:8-1, et seq., to be known as the Municipal Court of the Township of Warren, Somerset County. The municipal court shall have a seal bearing the impress of the name of the court. The court shall be held in the Township hall or such other place as the Township Committee shall designate from time to time, and shall exercise all the functions, powers, duties and jurisdiction conferred upon municipal courts by law.

§ 2-7.2 Municipal Judge; Powers and Duties; Qualifications.

There shall be a municipal judge of the municipal court appointed by the Township Committee. The municipal judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualifies.

The municipal judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance. He need not be a resident of the Township, but he shall be an attorney at law of the State of New Jersey. Whenever the municipal judge shall be unable to sit as such he may designate any other judge of any municipal court (except a nonattorney judge) or an attorney at law to sit for him temporarily and hold the municipal court. Any such designation shall be made in writing and shall be filed in the court and any person so designated, while sitting temporarily, shall possess all the powers of the municipal judge.

§ 2-7.3 Municipal Court Administrator.

There shall be an administrator of the municipal court who shall be appointed by the Township Committee and who shall perform the functions and duties prescribed for him or her, by law, the rules of court applicable to municipal courts, and by the municipal judge. His or her duties shall include, but not be limited to:

a. Carrying out the rules, regulations, policies and procedures relating to the operation of the court.

b. Interviewing and speaking to persons wishing to file criminal complaints or wishing information in that regard; receiving complaints and dispensing information relative to court matters.

c. Maintaining the financial records of the court.

d. Attending court; recording pleas, judgments and dispositions; arranging trial calendars; signing court documents; preparing and issuing warrants and commitments.

e. Taking and preparing bail bonds, recognizances, and security in lieu thereof; making inquiry concerning their sufficiency and equity; receiving and accounting for fines and costs.

f. Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issuing summonses if there is a basis for formal action and, if necessary, issuing summonses requiring court appearances; maintaining and classifying records and files.

g. Maintaining, forwarding, receiving and reporting such records, reports and files as are required by the State Director of Motor Vehicles.

§ 2-7.4 Deputy Municipal Court Administrator.

The Township Committee may appoint one or more deputy administrators of the municipal court, who shall perform the functions assigned to him or her by the municipal judge and by the municipal court administrator.

§ 2-7A MUNICIPAL PROSECUTOR.

§ 2-7A.1 Established.

There is hereby established the office of municipal prosecutor in the Township. This office is established pursuant to the provisions of N.J.S.A. 2B:12-27. The municipal prosecutor must be an attorney-at-law of New Jersey, in good standing, and will be under the supervision of the New Jersey Attorney General or the Somerset County Prosecutor.

§ 2-7A.2 Duties.

The municipal prosecutor shall appear in the municipal court of the Township on behalf of the State of New Jersey, the County of Somerset or the Township of Warren or any agencies or officers thereof. The municipal prosecutor shall perform such duties as are prescribed by law including, but not limited to, the prosecution of complaints for violation of:

a. Municipal ordinances of the Township;

b. Somerset County Ordinances or Resolutions;

c. The provisions of R.S. 39:1.1, et seq.; (Motor Vehicle Act);

d. All other criminal or quasi-criminal statutes of the State of New Jersey within the jurisdiction of the municipal court;

e. Any other matter which is within the jurisdiction of the Warren Municipal Court.

f. All other criminal or quasi-criminal proceedings as may be requested or directed from time to time by the Township Committee.

§ 2-7A.3 Term.

The municipal prosecutor shall be appointed for a period of one year and until his successor shall have qualified in accordance with applicable statutes of the State of New Jersey as in such case made and provided.

§ 2-7B MUNICIPAL PUBLIC DEFENDER.

§ 2-7B.1 Established; Term.

There is hereby established the office of municipal public defender to represent persons as directed by the municipal court judge. The term of office of the municipal public defender shall be one year, commencing January 1 of the calendar year and concluding December 31 of that same year.

§ 2-7B.2 Powers and Duties.

The municipal public defender shall have such powers and perform such duties as are provided for by state statute or the Ordinances of the Township of Warren. It shall be the duty of the municipal public defender to represent any defendant charged with an offense in municipal court who is an indigent municipal defendant entitled to representation pursuant to law. The municipal public defender shall be responsible for handling all phases of the defense, including, but not limited to discovery, pretrial and post trial hearings, motions, removals to Federal District Court and other collateral functions reasonably related to the defense. Post trial hearings shall not include de novo appeals in the Superior Court of New Jersey.

§ 2-7B.3 Eligibility for Representation by Municipal Public Defender.

The municipal public defender shall represent an indigent defendant charged in municipal court with a crime as specified in N.J.S.A. 2B:12-18 or, if in the opinion of the municipal court judge there is a likelihood that the defendant, if convicted of any other offense will be subject to imprisonment or other consequence of magnitude.

§ 2-7B.4 Application for Service of Municipal Public Defender; Fee.

a. In order to obtain the services of municipal public defender, an application must be filed in municipal court, on a form to be provided by the Township. The municipal court judge shall make a decision as to whether a defendant is indigent after reviewing each defendant's application.

b. A person applying for representation by a municipal public defender or court approved counsel is required to pay an application fee of not more than $200, but only in an amount necessary to pay the costs of municipal public defender services. In accordance with guidelines promulgated by the New Jersey Supreme Court, the municipal court may waive any required application fee, in whole or in part, only if the court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. The municipal court may permit a person to pay the application fee over a specific period of time not to exceed four months.

c. In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, the fee shall become a lien on any property to which the defendant shall have or acquire an interest in. The lien shall be in an amount equal to the reasonable value of the services rendered to a defendant, the municipality shall effectuate the lien pursuant to applicable law.

§ 2-7B.5 Compensation.

Compensation for the municipal public defender shall be set annually by the Township Committee.

§ 2-8 BOARD OF HEALTH.

§ 2-8.1 Established.

Pursuant to the authority of R.S. 26:3-1, et seq., a Board of Health is hereby established in the Township.

§ 2-8.2 Appointment; Terms.

The Township Board of Health shall be composed of seven members. Six of the seven members shall be appointed by majority vote of the Township Committee, and each of these appointments shall be for a term of three years. The seventh member of the Board of Health shall be appointed by the chairman of the Township Committee from among the members of the Township Committee, and his term shall be for one year. All members shall be residents of the Township of Warren at the time of their appointment and during the term of their service on the board.

§ 2-8.3 Powers and Duties.

The Board of Health hereby established shall have all the powers and duties of the Board of Health previously existing in the Township, and all references to the Board of Health in any ordinance, code or other regulation shall be interpreted as referring to the Board of Health hereby established in the same manner as it referred to the Board of Health previously existing. All matters presently pending before the previously existing Board of Health shall be taken over and continued to conclusion by the Board of Health hereby established.

§ 2-9 PLANNING BOARD.

A Planning Board is established as provided in Chapter 15, Land Use Procedures and Development, section 15-2 of this revision.

§ 2-10 ZONING BOARD OF ADJUSTMENT.

A zoning Board of Adjustment is established as provided in Chapter 15, Land Use Procedures and Development, section 15-2 of this revision.

§ 2-11 ENVIRONMENTAL COMMISSION.

§ 2-11.1 Establishment; Members; Terms.

There is hereby established an environmental commission to consist of seven members appointed by the mayor with the advice and consent of the Township Committee, one of whom shall also be a member of the Planning Board. The mayor with the advice and consent of the Township Committee shall designate one of the members to serve as chairman and presiding officer of the commission. The commissioners first appointed shall serve for terms of one, two or three years in such manner that the terms of approximately one-third of the members will expire each year and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. All commissioners shall be residents of the Township and shall serve without compensation. Members appointed to the conservation commissions shall continue to serve as members of the environmental commission for the respective terms of their appointment. The mayor or Township Committee 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.

Two residents of the Township shall be appointed by the mayor, with the advice and consent of the Township Committee, as alternate members. The alternate members shall meet the qualifications of regular members. Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2". A vacancy in an alternate position shall be filled by the mayor with the advice and consent of the Township Committee for the unexpired term only. 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 first. 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 shall expire in any one year. 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.

§ 2-11.2 Duties of Commission.

[Amended 2-7-2019 by Ord. No. 19-02; 4-11-2019 by Ord. No. 19-21]

The Environmental Commission shall have the following powers:

a. 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 that purpose. It shall keep an index of all open areas, publicly or privately owned, including open marsh lands, 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 a municipal master plan and the development and use of such areas.

§ 2-11.3 Acquisition of Property.

The environmental commission may, subject to the approval of the governing body of the Township, 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 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 the open spaces and other land and water areas in the Township.

§ 2-11.4 Annual Report.

The environmental commission shall keep records of its meetings and activities and shall make an annual report to the Township Committee.

§ 2-11.5 Appropriation of Funds.

The Township Committee may appropriate funds for the expenses incurred by the environmental 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.

§ 2-11.6 Powers.

The environmental commission established herein shall have all of the powers pursuant to the provisions of R.S. 40:56A-1, et seq., as supplemented and amended.

§ 2-12 INDUSTRIAL DEVELOPMENT COMMITTEE.

§ 2-12.1 Establishment; Membership; Organization.

There is hereby established in the Township a special committee to be known and designated as the Industrial Development Committee of the Township of Warren, to consist of seven citizens and residents of the Township to be appointed by the Township Committee. The members of the committee first appointed shall serve for terms of one, two and three years, respectively, in such manner that the term of at least two members and not more than three members shall expire in each year. Thereafter, all appointments shall be for terms of three years and vacancies shall be filled for the unexpired term only. The members shall serve until their respective successors are appointed and qualified, and no member shall be associated with or interested either directly or indirectly in any construction firm or real estate agency doing business affecting the Township. The members of the committee shall receive no compensation for their services. The mayor of the Township shall be an ex officio member of the committee.

The committee shall organize annually and select from among its members a chairman and such other officers as it deems necessary. The committee may establish rules of order and meet at least once annually and from time to time as its rules of order provide.

§ 2-12.2 Duties.

The duties of the committee shall be as follows:

a. To conduct a study and survey of the opportunities of the Township for industrial expansion and development.

b. To analyze the several and various industries of the nation with a view to ascertaining the type of industry best suited to the economic and social improvement of the Township.

c. To recommend to the Township Committee and the Planning Board desirable and suitable areas within the Township for the location of industry and business.

d. To recommend to the Township Committee and the Planning Board reasonable and desirable restrictions concerning industrial sites, in order to safeguard property values of established residential areas in the Township.

e. To promote the advantages of the Township for industrial settlement.

f. To encourage interest in the purchase of private property located within the business and industrial zones of the Township by suitable business or industrial concerns.

g. To encourage expansion of existing industry and business for the best interests of the Township.

h. To prepare, develop and distribute material and data advertising the advantages of the Township to new business and industry.

i. To act as the Township's official representative to industrial and business concerns or developers seeking information for the establishment of new business or industry in the Township.

j. To make quarterly-annual reports to the Township Committee setting forth therein and detailing the activities and operations of the committee during the preceding three months.

§ 2-12.3 Assistance From All Township Departments.

The committee shall receive from all officials and all authorized boards, departments and offices of the Township such assistance as may be required by the committee in performing its duties, and the committee shall also be afforded access to all Township records and information which may assist the committee in the performance of its duties.

§ 2-12.4 Appropriation of Sums.

There shall be appropriated in each annual budget of the Township such sums as may be determined by the Township Committee to be necessary for the purpose of advertising the advantages of the Township, and the committee herein established is authorized to use and expend these funds for such purposes upon the adoption of the annual budget. The committee shall maintain accurate books of account and records reflecting receipts and disbursements encompassing its activities, including any and all funds received from sources other than the Township Committee. Annual financial statements showing receipts and disbursements shall be prepared and submitted to the Township Committee at the end of each calendar year.

§ 2-13 DEFENSE AND INDEMNIFICATION OF EMPLOYEES.

§ 2-13.1 Definition.

As used in this section, "employee" shall mean any officer, employee or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.

§ 2-13.2 Purpose.

It is the policy of the Township to provide full and complete protection to all of its employees from and against any and all suits, claims and demands in regard to their respective activities arising out of and related to their public duties and public employment to the maximum extent permitted by law (N.J.S.A. 59:10-4) and in accordance with the following standards.

a. Whenever an employee of the Township is a defendant in any action or legal proceeding arising out of or incidental to the performance of his or her duties, the Township will provide the said employee with necessary means for the defense of such action or proceeding through the Township Attorney or other counsel selected by the Township, but not for his or her defense in a disciplinary proceeding instituted against him or her by the Township, or in a criminal proceeding instituted as a result of a complaint on behalf of the Township. If any such disciplinary or criminal proceeding instituted by or on complaint of the Township shall be dismissed or finally determined in favor of the employee, he or she shall be reimbursed for the reasonable expense of his or her defense. In no event shall there be reimbursement hereunder for any disciplinary or criminal proceeding instituted against an employee by or on complaint of the Township before the matter has been assigned for investigation by the Township Attorney, special Township Attorney, local, state or federal prosecutor or for formal hearing before the Township Committee as a whole.

b. The Township will indemnify any such employee defendant and hold him or her harmless from any award of monetary damages in such legal proceeding and from any and all legal costs and expenses incurred in connection with such action regardless of the limits of insurance coverage available to the Township.

c. In any such legal proceeding, the Township will waive any rights for contribution, indemnification or reimbursement from such employee on account of any monetary damages awarded against such employee or for any legal expense or other costs incurred in connection with any such action, whether or not such amount exceeds insurance coverage available to the Township.

d. The Township will not be responsible for legal costs and expenses incurred by any such employee relative to the retention of separate counsel on behalf of said employee unless the Township specifically approved the nature of costs and separate counsel retained by the employee in advance together with the fees and costs that can be anticipated.

e. None of the rights and benefits outlined above shall be afforded to an employee if it is established that his or her conduct was outside the scope of his or her employment or constituted a crime, actual fraud, actual malice or willful misconduct.

§ 2-14 SEWER DEPARTMENT. [1]

[1] Editor's Note: Former § 2-14, Sewerage Authority, which consisted of Subsections 2-14.1, Established, and 2-14.2, Membership, was superseded by Ord. No. 22-02. Prior history includes Ord. No. 72-17, Ord. No. 87-1, and Ord. No. 93-6.

§ 2-14.1 Established; Purpose.

The Township Committee of the Township of Warren does hereby establish a sewer utility to be called the "Sewer Department," in accordance with the enabling legislation, namely N.J.S.A. 40A-26A-1 et seq. (the "enabling legislation"). The Sewer Department shall be responsible for the operation, functioning and maintenance of the Township of Warren sewerage system; shall be empowered to make such improvements as may be necessary to effectuate the foregoing and have the authority to establish, charge and collect fees for connections, usage and services for direct or indirect use of the sewerage system and shall have all such other powers and duties as may be specified and prescribed in the enabling legislation.

§ 2-14.2 Establishment of Department Head; Organizational Chart.

a. The Township Committee shall select a Director for the Sewer Department, who shall serve at the pleasure of the Township Committee. The Sewer Department director shall report to the Township Administrator and receive such compensation as established by the Township Committee. Additional staff may be hired in accordance with normal Township procedures and in accordance with the Sewer Department budget, however certain functions of the Sewer Department shall be performed by existing Township departments, as more specifically identified in the organizational chart attached hereto and made a part hereof. All employees of the Sewer Department shall be employees of the Township (except that the Township Committee may retain consulting professionals to perform certain services).

b. The organization of the Sewer Department and its function shall be in accordance with the organizational chart, which shall be filed with the Township Clerk, and shall be updated by resolution of the Township Committee as required.

§ 2-14.3 Establishment of Usage Rates.

Rates for the connections, user fees and services are set by separate ordinance of the Township, which is herein incorporated by reference. Such rates, including, but not limited to, connections, meters, and usage, may be subject to periodic review and change as shall be determined by the head of the Sewer Department.

§ 2-14.4 Operation of the Sewer Department.

The anticipated revenues from the operation of the Sewer Department and the appropriations therefor shall be set forth in a separate section of the Township budget, and maintained in the Sewer Utility Fund as established by ordinance. Dedicated revenues shall not be stated in the Township budget in an amount which is in excess of the appropriation therein for the purposes to which the same are applicable, or in excess of the amount actually realized in cash from the same source during the preceding fiscal year, unless the director of the Division of Local Government Services shall, upon application to the Township Committee, determine that the facts clearly warrant the expectation that such excess amount will actually be realized in cash during the fiscal year and shall certify such determination, in writing, to the Township.

§ 2-14.5 Appropriations for the Sewer Department.

Appropriations for the Sewer Department shall be in the form and detail prescribed by the regulations of the Township and in accordance with the Local Finance Board and the Division of Local Government Services, and shall include, at least:

a. Operations;

b. Interest and debt retirement; and

c. Deferred charges and statutory expenditures.

§ 2-14.6 Sewer Department Operations; Surplus; Deficit.

If, in any year as a result of operations of such utility, there shall be a surplus, or such surplus can be reasonably anticipated, then such surplus, when authorized by the Township Committee, may be included in the budget as an item of miscellaneous revenue, under the caption of "surplus from the Sewer Department." If any year, as result of such operation, there shall be a deficit or anticipated deficit, then an appropriation for such deficit shall be included in the budget under the caption "deficit of the Sewer Department". If any anticipated deficit shall exceed the appropriation therefor, the excess shall be provided in the budget for the following year. This section shall not, however, supersede the specific dedication of receipts from the Sewer Department as provided in any law which authorizes the establishment or creation if such utility unless so directed by the Township Committee.

§ 2-14.6A Sewer Use Fees.

[Added 4-20-2023 by Ord. No. 23-06]

a. Residential Sewer Use Fee. The Residential Sewer Use Fee consists of two components, namely, the minimum service charge and the variable service charge. Effective as of January 1, 2023, the minimum annual service charge is $344 plus the variable service charge, which is $3.06 per 1,000 gallons of water usage. For Unmetered Residential users, the variable service charge for 2023 shall be based upon an assumed water consumption of 72,000 gallons per year

b. Non-Residential Sewer Use Fee. The Non-Residential Sewer Use Fee for calendar year 2023 is $730 for each equivalent dwelling unit (“EDU”) as such term is defined in the Sewer Department’s Rules and Regulations.

§ 2-14.6B Connection Fees.

[Added 12-14-2023 by Ord. No. 23-22]

For every direct or indirect connection to the sanitary sewerage system, or part thereof, of the Township of Warren (the "System") for calendar year 2023, the following capacity-rate trunk-connection charges are established at the following rates:

a. The Residential User: $11,000 for each equivalent residential dwelling unit ("EDU") being conveyed to and treated by the Stage I-II, IV and V sewage treatment plants. The residential user sewage connection fee for sewage conveyed from Warren Township to the Middlebrook sewer service area and then treated by the SRVSA shall be $6,500 per EDU. The residential user sewage connection fee for sewage conveyed from Warren Township to the Berkeley Heights sewer service area and then treated by Berkeley Heights shall be $6,500 per EDU. The residential user sewage connection fee for sewage conveyed from Warren Township to the Watchung Borough sewer service area and ultimately treated by the Middlesex County Utilities Authority shall be $6,500 per EDU.

b. The Non-Residential Connection Fee: $11,000 for each EDU being conveyed to and treated by the Stage I-II, IV and V sewage treatment plants. The non-residential user connection fee for sewage conveyed from Warren Township to the Middlebrook sewer service area and then treated by the SRVSA shall be $6,500 per EDU. The non-residential user sewage connection fee for sewage conveyed from Warren Township to the Berkeley Heights sewer service area and then treated by Berkeley Heights shall be $6,500 per EDU. The non-residential user sewage connection fee for sewage conveyed from Warren Township to the Watchung Borough sewer service area and ultimately treated by the Middlesex County Utilities Authority shall be $6,500 per EDU.

c. For further clarification on the manner in which (i) connection fees are calculated; (ii) credits against connection fees; (iii) SRVSA, Bridgewater, Berkeley Heights and Watchung Borough connection fees; and (iv) the payment for the actual cost of connection, reference is made to Section 5 of the Regulations of the Sewer Department, adopted or to be adopted, by ordinance of the Township Committee.

§ 2-14.7 Establishment of Separate Sewer Utility Fund.

[Added 6-16-2022 by Ord. No. 22-05]

The moneys derived from the operations of the sewer utility known as "the Township of Warren Department of Sewers" and any other moneys applicable to its support shall be segregated by the Township and held in a separate fund to be known as the "Warren Township Sewer Utility Fund" as prescribed by N.J.S.A. 40A:4-62 of the Local Budget Law, and shall be applied by the Township as provided in said N.J.S.A. 40A:4-62. The Township Administrator and such other person as may be designated by the Township Administrator are hereby authorized and directed to take such action and prepare such documentation as shall be necessary or appropriate to effect the establishment of the Sewer Utility Fund.

§ 2-14.8 Purpose of Fund.

[Added 6-16-2022 by Ord. No. 22-05]

As required by N.J.S.A. 40A:4-63 of the Local Budget Law, moneys held in the Sewer Utility Fund shall be treated by Township officials as moneys held in trust for the purposes for which the Sewer Utility Fund was created, and no banking institution accepting the Sewer Utility Fund shall divert the moneys therein to any other purpose.

§ 2-14.9 Sewer Department Regulations.

[Added 12-14-2023 by Ord. No. 23-23]

a. The Sewer Department Regulations (the "Regulations") dated December 2023 are hereby adopted by reference as if fully set forth herein. Such Regulations may hereinafter be amended by the Township Committee from time to time and those amendments shall also be adopted by reference as if fully set forth herein.

b. The Township Clerk and the Director of the Sewer Department shall maintain a current copy of the Regulations which shall be available for public inspection in their respective offices during regular business hours.

c. The Sewer Department Director is hereby empowered to enforce the Regulations on behalf of the Township Committee, unless otherwise set forth in the Regulations.

d. The variable service charge portion of the sewer service fee for customers who are 65 years of age or older or disabled as set forth in N.J.S.A. 40A:26A-10.1, and meet the income limitations specified therein, whether such customers are in the Metered or Unmetered Class, shall be based on the lower of (i) actual consumption as indicated by the applicable water consumption data, or (ii) the average water consumption (for the then current metered year) for properties (i) pertaining to a primary residence owned, in full or in part, by a person who is enlisted in any branch of the United States Armed Forces during the period of time in which that person is deployed for active service in time of war, or (ii) owned by customers who are 65 years of age or older or disabled as set forth in N.J.S.A. 40A:26A-10.1 and meet the income limitations specified therein; provided, however, that any reduction in the sewer service fee charged by the Sewer Department hereunder shall apply to only the primary residence of such qualified customer who actually owns and resides in that primary residence.

The average water consumption for properties owned by customers who are 65 years of age or older or disabled as set forth in N.J.S.A. 40A:26A-10.1 and meet the income limitations specified therein will be recalculated by the Sewer Department on an annual basis.

The aforesaid variable service charge language is also included in the Regulations in Section 5.4.6.

e. Any person or entity violating these Regulations, including any violation of any condition or limitation of an approval issued pursuant thereto, shall be subject to the penalties provided in this section and elsewhere in the Regulations. The Sewer Department Director is hereby authorized to issue a summons for any violation of the Regulations. In addition to any sanctions and remedies otherwise available by law, the penalties for any such violation, not to exceed $2,000, shall be as follows:

1. First violation: a penalty of not more than $1,000.

2. Each subsequent violation within one year of first violation: a penalty of not more than $2,000.

Each day during which the same regulation, or condition or limitation in an approval, is violated shall constitute an additional separate and distinct offense subject to an additional penalty. Notwithstanding the foregoing, any person who commits a violation under Section 9.5.2 (a) of the Regulations, shall be subject to a fine of not more than $1,000, plus $250 per day for each day that the violation continues.

f. The Tax Collector shall collect all outstanding penalties in the same manner as it is empowered to collect delinquent sewer service charges pursuant to N.J.S.A. 40A:26A-12, as amended. Interest shall accrue on the amount of the penalty at the rate set forth in N.J.S.A. 40A:26A-12, as amended. The Tax Collector shall be authorized to collect delinquent sewer payments pursuant to the tax sale procedures set forth in Title 54, Chapter 5 of the New Jersey Statutes. Nothing in this section shall be construed to limit the Township's ability to pursue civil penalties pursuant to N.J.S.A. 58:10A-6(i)(1) and 58:10A-10(e), as amended, or take any other action available at law.

§ 2-15 SERVICE CHARGE FOR CHECKS RETURNED UNPAID TO TOWNSHIP FOR INSUFFICIENT FUNDS OR OTHER REASONS.

[Ord. No. 1991-19 § 1; Ord. No. 2018-03]

In the event that a check or other written instrument tendered to the Township on any account is returned unpaid to the Township for the reason of insufficient funds or otherwise, there shall be a service charge of $30, the said charge being automatically increased to the highest amount allowed by state statute if the said $30 amount is increased in the future, to the party tendering that check or other written instrument.

Once a party tenders a check or other written instrument to the Township which is returned unpaid for insufficient funds or otherwise, all payments to the Township by that party shall be tendered in cash or by certified or cashier's check for the period of one year following the date said check or other written instrument is returned to the Township.

The said service charge authorized hereby shall be collected in the manner prescribed by law for the collection of the account for which the check or other written instrument was tendered. Whenever an account owing to the Township is for a tax, sewer user charge or special assessment, the service charge authorized by this section shall be included on whatever list of delinquent accounts is prepared for the enforcement of the lien.

§ 2-16 JOINT PURCHASING AGREEMENTS WITH THE WARREN TOWNSHIP BOARD OF EDUCATION.

§ 2-16.1 Policy.

[Ord. No. 74-9 § 1]

It is hereby determined to be advisable in the interest of economy and for the benefit of the Township that the purchasing of supplies and materials be undertaken in cooperation with the Warren Township Board of Education pursuant to the provisions of R.S. 40A:11-10.

§ 2-16.2 Authorization of Agreements.

[Ord. No. 74-9 § 1]

Township participation with the Warren Township Board of Education in what is commonly called joint purchasing agreements is hereby authorized pursuant to R.S. 40A:11-10 et seq.

§ 2-16.3 Categories of Materials.

[Ord. No. 74-9 § 1]

The categories of materials and supplies to be purchased shall include, but not be limited to, fuel and heating oil, office supplies and office equipment, electric light bulbs, gasoline, and salt. Advertising for bids for materials to be purchased jointly shall be undertaken either by the Township Committee of the Township or the board of education and contracts may be awarded with each contracting unit separately or with one of the contracting units. In the event separate contracts are awarded by each contracting unit, payment for same will be made directly by each of the units; and in the event a single contract is awarded by one of the contracting units, provision will be made for prompt reimbursement to that contracting unit for that portion of the bid allocated to the remaining contracting unit.

§ 2-16.4 Execution of Contracts.

[Ord. No. 74-9 § 1]

The mayor and clerk are hereby authorized and empowered to execute contracts with the board of education for the purposes aforesaid and in accordance with the provisions of this section.

§ 2-17 COOPERATIVE PRICING AGREEMENT WITH THE COUNTY OF SOMERSET.

§ 2-17.1 Policy.

[Ord. No. 80-22]

It is hereby determined to be advisable in the interest of economy and for the benefit of the Township that the purchasing of supplies, materials and work be undertaken pursuant to a cooperative pricing agreement with the County of Somerset pursuant to N.J.S.A. 40A:11-11(5).

§ 2-17.2 Execution of Agreement With County.

[Ord. No. 80-22]

Pursuant to the provisions of N.J.S. 40A:11-11(5), the mayor and municipal clerk are hereby authorized to enter into a cooperation pricing agreement with the County of Somerset for the purchase of work, materials and supplies and to participate in the Somerset County Cooperative Pricing System, and the said parties are also authorized to execute any and all amendments and supplements thereto which may be required in the future.

§ 2-17.3 Somerset County to Act as Contracting Unit.

[Ord. No. 80-22]

The county entering into contracts on behalf of the Township of Warren shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.

§ 2-18 PURCHASING DEPARTMENT.

§ 2-18.1 Established.

There is hereby created the position of purchasing agent for the Township of Warren.

§ 2-18.2 Appointment.

The purchasing agent shall be appointed by the Township Committee at its annual reorganization meeting.

§ 2-18.3 Qualifications.

The purchasing agent is required to possess a valid qualified purchasing agent certificate, as issued by the New Jersey Division of Local Governmental Services, Department of Community Affairs.

§ 2-18.4 Powers and Duties of Purchasing Agent.

The purchasing agent shall have, on behalf of the Township of Warren, the authority, responsibility and accountability for the purchasing activity pursuant to Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising for and to receive bids and requests for proposals for the provision or performance of goods, services and construction contracts; to award contracts pursuant to New Jersey law in accordance with the regulations, forms, and procedures promulgated by state regulatory agencies. The Township Committee shall retain the power to award all contracts it elects to award on behalf of the Township; and to conduct any activities as may be necessary or appropriate to the purchasing function of the Township of Warren.

§ 2-18.5 Bid Threshold and Award of Contract.

The Township of Warren shall (i) abide by statutory bid thresholds as set forth in N.J.S.A. 40A:11-3, and (ii) award contracts in accordance with N.J.S.A. 40A:11-6.1.

§ 2-19 TOWNSHIP ADMINISTRATOR.

§ 2-19.1 Policy.

It is deemed necessary for the efficient and economical conduct of the affairs of the Township of Warren that there be a Township Administrator to carry on the affairs of the office for the following reasons:

a. The efficient and orderly administration of day-to-day business affairs of the Township can best be accomplished by the creation of the position of Township Administrator.

b. The residents, citizens and taxpayers of the Township can best be served by the creation of such a position.

c. The Township of Warren, because of its expected continued growth, should coordinate the activities of the various departments to the end of the efficient and economical operation thereof.

d. The Township Committee has determined that it is necessary for the continued efficient operation of the Township of Warren that it provide for the employment of a Township Administrator.

§ 2-19.2 Established.

The office of the Township Administrator is hereby created in and for the Township pursuant to the provisions of this section and R.S. 40A:9-136 et seq.

§ 2-19.3 Appointment; Vacancy; Term.

The Township Administrator shall be appointed by the Township Committee and shall hold office until July 1 next following his appointment and may be reappointed for successive one year terms expiring on July 1 of each succeeding year, subject to the provisions of paragraph c of this subsection.

a. Any vacancy in such office shall be filled by appointment of the Township Committee for the unexpired portion of the term only.

b. During the absence or disability of the duly appointed Township Administrator, the Township Committee may, by resolution, appoint an officer or regular employee of the Township to perform such duties of the Township Administrator during such absence or disability. Such absence or disability shall be limited to two months after which time such absence or disability may be deemed a vacancy.

c. The Township Administrator shall serve at the pleasure of the Township Committee, and may be removed by a two-thirds vote of the whole Township Committee at any time and for any reason during the term being served. The resolution of removal shall become effective three months after its adoption by the Township Committee. The Township Committee may provide that the resolution shall have immediate effect, provided, however, that the Township Committee shall cause to be paid to the Township Administrator forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the resolution.

§ 2-19.4 Qualifications and Requirements.

a. Qualification. The Township Administrator shall be appointed on the basis of his executive and administrative abilities and qualifications with special regard to education, training and experience in governmental affairs.

b. Residency Requirement. The Township Administrator must be a resident of the State of New Jersey. It is deemed desirable that the Township Administrator be a resident of the Township of Warren, but being such resident is not a requirement of holding the office.

§ 2-19.5 Salary.

The Township Administrator shall receive as salary such sums as may be fixed and adopted by the Township Committee in the annual salary ordinance of the Township, and amendments thereto.

§ 2-19.6 Chief Administrative Officer.

The Township Administrator shall be the chief administrative officer of the Township and at all times be under the supervision of and responsible to the Township Committee for all actions relevant to the duties and responsibilities of such office to the extent not prohibited by law. The Township Administrator shall be under the direction of the Township Committee as a whole, but may receive instructions from its mayor or deputy mayor, when the mayor is unavailable, between regularly scheduled meetings or when the full committee cannot be convened. Members of the Township Committee, assigned to coordination, liaison and special responsibility for areas of Township government shall exercise such functions through and in conjunction with the administrator's supervision of these areas.

§ 2-19.7 Duties.

The Township Administrator, for the purpose of carrying out his responsibilities, shall develop, promulgate and implement with the approval of the Township Committee, sound administrative and personnel practices and procedures for all departments, offices, boards, commissions, authorities, employees, agencies and any other entity of the Township. The Township Administrator shall perform the duties hereafter enumerated and such other duties as may from time to time be assigned him by the Township Committee, and shall, to that end:

a. Study, recommend, implement and enforce personnel organization and policy of the Township and its departments.

b. Study, recommend, implement and enforce administrative procedures and policies of the Township and its departments.

c. Study, recommend, implement and enforce procedures and policies of the Township and departments for receipts, dissemination and collation of and responses to communications and information. He shall be further responsible for continually improving communications between all departments' personnel, Township Committee, and the residents of Warren.

d. Assign responsibility for department action and coordinate interdepartmental operations as authorized by the Township Committee.

e. Study, recommend, implement and enforce the procedures and policies of the Township and its departments for the coordination, compiling, editing and prompt dissemination and release of public information, upon the recommendation and authorization of the Township Committee.

f. See that all terms and conditions imposed in favor of the Township or its inhabitants in any statute or contract are faithfully kept and performed and upon knowledge of any violation, call the same to the attention of the Township Committee or other appropriate Township officer.

g. Study, recommend, implement and enforce the financial procedures and policy of the Township and its departments.

h. Conduct a continuous study of all activities and operations of the Township government and recommend changes for the purpose of increasing efficiency and effectiveness; prescribe such rules and regulations as he shall deem necessary with the approval of the Township Committee, for the conduct of administrative procedures and revoke, suspend or amend any such rules or regulations, subject to the approval of the Township Committee and, in all background matters, assist it with the establishment of policy.

i. Require the various departments to effect an adequate inventory of all equipment, materials and supplies in stock and to recommend sale of any surplus, obsolete or unused equipment when authorized so to do by the Township Committee.

j. Provide a liaison between the Township Committee and the various municipal departments, offices, boards, commissions, authorities, employees, agencies and other municipal entities and their professional advisors.

k. Make such inspections and review as may be necessary to insure full compliance by all persons and corporations having contractual obligations to perform services for or sell goods to the Township.

l. Maintain liaison with the officials of the school district of the Township and also the Watchung Hills Regional High School Board of Education.

m. Devote his entire effort to the performance of his duties and functions and shall not engage in any other occupation or employment while employed by the Township except that he may perform the duties of any other position in the Township government with approval of the Township Committee.

n. Make studies and surveys of such municipal problems of the Township as shall be assigned to him from time to time by the Township Committee, and prepare and submit written reports of his findings and determinations to the Township Committee for its consideration and action. He shall be responsible for seeing that any complaints concerning the functions and obligations of the Township made by any of its residents, citizens or taxpayers are promptly attended to and a written record kept of such complaints when made, and when and what action was taken in response thereto.

o. Attend all executive and public meetings of the Township Committee and any other meetings when so requested by the Township Committee.

p. Assist the Township Committee in the preparation of the annual Township operating and capital budgets to be considered and adopted by the Township Committee, and specifically make recommendations as to salaries to be paid to Township employees, after consultation with department heads.

q. Keep the Township Committee informed as to federal aid projects, state aid projects and any other aid programs for which the Township may qualify, and on all matters assigned to him or otherwise within his jurisdiction.

r. Serve as personnel officer with the authority to hire, transfer, promote, demote, and discharge employees to the extent not prohibited by law and as more specifically outlined by resolution of the governing body.

§ 2-19.8 Restrictions of Authority.

Nothing in this section shall derogate from, or authorize the Township Administrator to exercise the powers and duties of the elected and appointed officials or employees, as provided by law.

§ 2-20 RECREATION ADVISORY COMMITTEE.

[Ord. No. 77-1; Ord. No. 03-15, S 1; Ord. No. 04-21, S 1; Ord. No. 10-04, S I; Ord. No. 12-03; Ord. No. 2018-07; amended 2-7-2019 by Ord. No. 2019-03]

§ 2-20.1 Establishment and Composition; Terms.

There is hereby established a Recreation Advisory Committee in the Township of Warren, which shall consist of up to seven members. Each regular member shall be a resident of the Township and be appointed by the Township Committee for two-year terms on a staggered basis, except that of the members initially appointed, four of the regular members shall be appointed to serve for a term of two years, and the remaining three regular members shall be appointed to serve for a term of one year. Thereafter, all appointments shall be made for a term of two years. Appointments to fill vacancies shall be made in the same manner as original appointments, and all such appointments shall be for the unexpired term only. The members shall serve until their respective successors are appointed and qualified. The members shall receive no compensation for their services. The legal size of the Committee shall be that number of regular members actually appointed and continuing to serve up to the maximum of seven.

§ 2-20.2 Organization and Officers; Compensation.

a. The Recreation Advisory Committee shall reorganize at its first regular meeting. The first regular meeting shall be held in the month of January of each calendar year. At the reorganization meeting, the voting members shall elect one of the voting members to serve as Chairperson for the calendar year in question. The Chairperson shall serve for the calendar year in question, or until a successor shall be elected and qualified.

b. The Recreation Advisory Committee shall keep a record of its meetings and activities.

c. The members of the Recreation Advisory Committee shall serve without compensation.

d. The Recreation Director shall attend and participate in all meetings, but shall not have the right to vote.

§ 2-20.3 Duties; Responsibilities.

a. The Recreation Advisory Committee shall assist the director and Township Committee in the development of new and innovative recreation programs and provide appropriate information to assist in planning for increases or decreases in various recreation programs for children, youth and adults.

b. The Recreation Advisory Committee shall work with the Recreation Director and Township Committee to formulate and determine the extent to which existing recreation programs are adequately serving the recreation needs of all residents of the Township and shall advise the Recreation Director and Township Committee as to alternatives for funding recreation programs, including recommendations on the establishment of a fee schedule.

c. The Recreation Advisory Committee shall assist the Recreation Director and Township Committee in obtaining the necessary information to study and maintain an inventory of all regular recreation activities within the Township which are conducted by private organizations.

d. The Recreation Advisory Committee shall advise the Recreation Director, who shall make a recommendation to the Township Committee, as to fees to be charged for sponsorship of or participation in any recreation programs or events.

e. The Recreation Advisory Committee shall advise the Recreation Director in making recommendations to the Township Committee regarding the development and improvement of all types of parks, playgrounds and recreation spaces within the Township, new or existing, and the proper maintenance thereof.

f. The Recreation Advisory Committee shall work with the Recreation Director and Township Committee to study the present and future need for parks, playgrounds and recreation spaces which will be of benefit to all residents of the Township and provide recommendations to the Recreation Director and the Township Committee.

g. The Recreation Advisory Committee shall assist the Recreation Director to solicit residents, businesses and commercial organizations to participate in Township recreation programs.

h. The Recreation Advisory Committee shall assist the Recreation Director in providing an annual report to the Township Committee on the state of recreational programs and on the status of parks, playgrounds and recreational spaces, and the improvements thereon.

i. The Recreation Advisory Committee shall have such other duties and responsibilities as are consistent with helping to carry out an effective system of recreation programs and activities, and an effective system of parks, playgrounds and recreation areas as may be assigned by the Township Committee.

§ 2-20.4 Recreation Director.

The Township Committee hereby establishes the position of Recreation Director, who shall report to the Township Administrator. The Recreation Director shall receive a salary as shall be determined by the Township Committee from time to time. The duties of the Recreation Director shall be determined by the Township Committee and/or Township Administrator.

§ 2-20.5 Service Charges and Fees for Use of Recreational Facilities.

[Amended 10-19-2023 by Ord. No. 23-20; 2-15-2024 by Ord. No. 24-02]

Fees for Use of Recreational Facilities. All applicants seeking the use of the Township of Warren's pavilion, athletic fields (grass and synthetic turf), tennis courts, and basketball courts must complete a department of recreation facility use application and pay the fee prescribed by the following table:

Pavilion Rentals:
Township Residents	$100 (3 hrs)
Township Non-Profits	FREE
Township For-Profits	$100 (1 hr)
Somerset County Residents (except Warren residents)	$275 (2 hrs plus $100 for each additional hour)
Non-County Residents, Out-of-Town For-Profits, Out-of-Town Non-Profits & Somerset County Residents	$305 (1-49 People) (2 hrs plus $100 for each additional hour) $380 (50-100 People) (2 hrs plus $100 for each additional hour) $610 (101-150 People) (2 hrs plus $100 for each additional hour)
Field Usage Fees:
Township Residents	FREE
Township Recognized Sport Organizations	FREE
Township Non-Profits	FREE
Tournaments/Events which includes Recognized Sport Organizations hosting other sports organizations in a tournament based event (grass or turf)	$100 (under 100 people (3 hrs) $100 (100-200 people) (1 hr) $150 (over 200 people) (1 hr)
Grass Fields:
Township For-Profits, Non-Township Sports	$100 (3 hrs)
Non-County Residents, Out-of-Town for Profits, and Somerset County Residents	$100 (3 hrs)
Turf Fields:
Township For-Profits, Township Recognized Sports	$100 (1 hr)
Non-County Residents, Out-of-Town for Profits, and Somerset County Residents	$150 (1 hr)
REFUND Processing Fee	$20
Tennis Courts:
Township Residents and Warren Non-Profits	FREE
Township For-Profits and Out-of-Town Non-Profits	$100 (3 hrs)
Out-of-Town Non-Profits, Non-County Residents, Out-of-Town for Profits, and Somerset County Residents	$100 (1 hr)
Basketball Courts:
Township Residents, Warren Recognized Sports Programs, Township Non-Profits	FREE
Township For-Profits	$100 (3 hrs)
Out-of-Town Non-Profits, Non-County Residents, Out-of-Town for Profits, and Somerset County Residents	$100 (1 hr)

NOTES:
*	A Township Non-Profit entity is one in which at least 66% of the entity is comprised of Warren Township residents. A Township For-Profit entity is one in which at least 66% of the entity is comprised of Warren Township residents.
**	Township Recognized Organizations and Township Recognized Sports are those that are indicated on the Township Website and/or those that are recognized as such by the Township Committee based upon the minimum standards established by the Township Committee and Recreation Department.
***	The Township Committee has the right to adjust usage fees for Non-Profit entities it the entity can prove that the percentage of sending district fields and users are comparable to the percentage of Warren Township fields and users. Sending district to Watchung Hills Regional High School municipalities include: Long Hill Township, Watchung Borough, and Green Brook Township.
****	Township Non-Profits or Non-Profits providing programs for Warren Residents shall not be charged fees as listed above.
*****	Any nonprofit organization obtaining use of a Township recreational facility is strictly prohibited from subletting its use to another entity.

§ 2-20.6 Use of Fields.

a. The superintendent of public works, or the superintendent's designee ("superintendent" hereinafter), shall, after consultation with the Recreation Director, determine when a Township athletic field cannot be utilized for any purpose based upon the existing wetness of the field, other conditions of the field, expected weather conditions during the time of the proposed use, and other safety or maintenance considerations. Any field determined by the superintendent to be unavailable for use shall have posted thereon a notice as to such determination.

b. The superintendent shall be responsible for all maintenance of Township athletic fields. No maintenance or repairs of a Township recreational field shall be performed unless it is conducted by the Warren Township Public Works Department or others under the direction of the superintendent or the superintendent has given his prior specific approval of the same.

c. In the event that a coach, assistant coach or any other party in charge of an athletic team utilizes an athletic field which has been closed by the superintendent, that individual will be prohibited from coaching or being involved in any athletic function using a Township athletic field until the Township allows that individual to perform those duties on Township athletic fields.

d. Individuals, other than teams recognized or organized by the Township, utilizing Township athletic fields when the same have been closed by the superintendent shall be viewed as trespassers on Township property and prosecuted under state law as such.

e. Any individual operating a motorized vehicle on a Township athletic field shall be viewed as a trespasser on Township property and prosecuted under state law as such.

§ 2-20.7 Review and Approval of Use Permits.

The Recreation Director shall submit to the Township Administrator all applications received for the use of municipal recreation places and other Township lands. This submission shall be made as soon as practicable after the Recreation Department receives the application and should contain the recommendation of the Recreation Director as to approval or disapproval of same. The Township Administrator shall review the application and the recommendation of the Recreation Director and shall approve or disapprove the same within 10 days of his receipt thereof from the Recreation Director. The Township Administrator shall have the final right of approval of all permits to use the Township of Warren's recreation places and other Township lands and no individual or group shall be permitted to utilize the same without the Township Administrator's written approval. The Township Administrator shall grant his approval of an application to utilize the Township of Warren's recreation places or other Township lands if the use would benefit the Township's general welfare and would be in the best interests of the residents of the Township. In reaching his decision, the Township Administrator shall consider, but shall not be limited hereby, whether the applicant and/or the actual users of the said facilities are Warren Township residents, the benefits to be derived by Township residents from the use, any costs to the Township relative to the said use, the possibility of damage to Township property through said use, whether the use shall contribute to the good and welfare of the Township of Warren and its residents, whether the use is to conducted by a nonprofit group, and any other reasonable standards which the Township Administrator may determine to employ in reaching his decision.

§ 2-21 JOINT PURCHASING AGREEMENTS WITH THE BOROUGH OF BERNARDSVILLE AND TOWNSHIP OF BERNARDS.

§ 2-21.1 Categories of Work, Materials and Supplies Authorized to Be Acquired.

A joint purchasing program pursuant to N.J.S.A. 40A:11-10 et seq. be and hereby is authorized for the acquisition of all services, materials and supplies necessary for the operation of the public works departments and the maintenance of the buildings and grounds of Township of Warren, Borough of Bernardsville and Township of Bernards as well as the completion of any public works projects in the aforesaid municipalities.

§ 2-21.2 Manner of Advertising for Bids.

A single advertisement for bids with materials, services and supplies to be purchased shall be placed on behalf of the participants hereunder desiring to purchase any item set forth above by a single advertisement by one of the three participants on behalf of all participants. The advertising shall be placed by the participants, agreed upon by all participants and the responsibility for such advertising shall alternate from time to time.

§ 2-21.3 Manner of Awarding Contracts.

The participant selected to advertise for bids shall receive the bids on behalf of all participants. Following receipt of bids, copies of the bids shall be forwarded to each participant who shall, after review and approval of same, make separate awards to the lowest responsible bidder for each separate item. The bid surety is to be posted to and retained by the designated receiving participant until authorized to release same by the interested participants. It shall then be the responsibility of each participant to secure individual contracts.

§ 2-21.4 Payment for Services, Materials and Supplies.

After the award of bids, each municipality shall order the materials, work and supplies in the quantity or quantities required. Successful bidders shall bill the municipalities separately for materials, services and supplies received, and payments shall be made directly to the bidder by each such agency. No participant in this program shall be responsible for payment for any materials to be used by any other participant.

§ 2-22 HISTORIC SITES COMMITTEE.

§ 2-22.1 Establishment; Members; Terms.

[Amended 2-28-2019 by Ord. No. 19-04]

There is hereby established a historic sites committee to consist of 15 members appointed by the Township Committee. The committee members first appointed shall serve for terms of one, two or three years in such a manner that the terms of 1/3 of the members will expire each year and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. Up to three members may be members in good standing of the Trustees of the Baptist Church and Congregation of Mt. Bethel, also known as Mt. Bethel Baptist Church. All committee members shall be residents of the Township and shall serve without compensation. A vacancy on the committee occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.

§ 2-22.2 Organization.

The committee shall organize immediately upon its appointment and elect from its members a chairman, vice-chairman and secretary-treasurer at its annual organization meeting. The committee shall have monthly meetings or meet on other occasions as it shall determine. The secretary of the committee shall have monthly meetings or meet on other occasions as it shall determine. The secretary of the committee shall submit quarterly reports in writing to the Township clerk.

§ 2-22.3 Duties of the Committee.

The powers and duties vested in said committee shall include, but not be limited to, the following:

a. To research and record pertinent data relating to the history of the Township of Warren.

b. To document, list and mark where appropriate historic buildings and sites within the Township of Warren.

c. To make recommendations to the Township Committee for the preservation or acquisition of historic sites.

d. From time to time to advise residents of the Township of Warren and the public as to points of interest of its historical heritage.

e. To conduct lectures and seminars relating to the history of the Township, including sites of historical interest.

f. To supervise maintenance, restoration, and recommend use of historic sites and buildings.

g. To sponsor and conduct fund raising activities for the above described purposes.

§ 2-22.4 Appropriation of Funds and Authorization of Committee Expenditures.

The Township Committee may appropriate annually funds for expenses anticipated by the historic sites committee and authorize said committee to expend funds as provided above.

§ 2-23 GREEN BROOK FLOOD CONTROL COMMISSION.

§ 2-23.1 Participation.

The Township of Warren in the County of Somerset, State of New Jersey agrees to participate in the Green Brook Flood Control Commission pursuant to N.J.S.A. 40:14-16, et seq. as heretofore and hereafter supplemented and amended, and as provided in this section.

§ 2-23.2 Duties and Objectives.

The Green Brook Flood Control Commission as heretofore established shall function within the scope and pursuant to the provisions of N.J.S.A. 40:14-16, et seq., with duties and objectives as follows:

a. Collect, study and analyze data on flooding, past floods and causes of floods in the area;

b. Make such data and studies available to the participating members, to the Department of Environmental Protection, and the Division of Water Resources therein, the Army Corps of Engineers, local and county planning boards and officials concerned with subdivisions and development of properties within the floodway and drainage areas;

c. Keep itself informed as to the availability of State and Federal funds and grants, and the procedures for applying therefore, and shall make such information available to participating members;

d. Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like, with neighboring municipalities and counties and the appropriate State departments and agencies;

e. Encourage the acquisition of lands within the floodway and low-lying areas, by appropriate county park commissions, counties or participating municipalities;

f. Publicize methods of flood control and flood prevention;

g. Encourage its participating members, and others, to adopt appropriate ordinances and regulations relating to flood control;

h. Encourage its participating members to support other programs designed or intended to alleviate flooding;

i. Perform such other acts and fulfill such other functions as may be permitted by law and as determined by the members, subject to the limitations in this agreement and subject to the limitations as set forth in said Chapter 316, P.L. 1971.

§ 2-23.3 Appropriations.

The general administrative and other expenses of the commission, affecting the commission as a whole, shall be apportioned among the members as follows:

a. One-fourth thereof to be apportioned among member counties.

b. Three-fourths thereof to be apportioned among affected member municipalities according to a formula based upon population and frontage along said brook. The Township of Warren's share shall not exceed 3%, and is authorized provided a minimum of nine other municipalities in the Counties of Somerset, Middlesex and Union become members. The respective shares of participating municipalities and counties may be changed by agreement among them, provided, however, there shall be no increase in the percentage to be contributed by any participant in the expenses of the commission without the consent of the governing body of such participating member.

c. Whenever a specific project is to be undertaken, involving less than the interests of all of the participating members, or of special benefit to less than all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specially benefited thereby in advance of authorization of such project.

§ 2-23.4 Budget.

The tentative annual budget for the commission shall be adopted by the commission no later than January 15 of each year, and such adoption shall be by a vote of at least three county representatives, (regardless of the total number of counties represented thereby), and at least nine municipal representatives, (regardless of the total number of municipalities represented thereby). A copy of such tentative budget shall be sent to the governing body of each of the participating counties and municipalities within one week of the adoption thereof. Such notice shall include notification of the date fixed by the commission for final adoption of such budget, which shall be at least three weeks after the date of tentative adoption by the commission.

Expenditures outside the regular budget for special projects involving two or more of the participating member counties or municipalities (but less than the entire commission) shall be negotiated and arranged separately among the involved participating members and the commission.

§ 2-23.5 Quorum.

Any number of members of the commission shall have the right to meet at regularly scheduled meetings. Any action taken involving the expenditure of funds, other than clerical and mailing connected with the usual business of the commission, shall be adopted only at a meeting at which there are at least three county representatives (regardless of the total number of counties represented thereby) and at least nine municipal representatives (regardless of the total number of municipalities represented thereby).

§ 2-23.6 Withdrawal.

Each member municipality and county reserves the right, pursuant to Section 2d of said Chapter 316, Laws of 1971, to withdraw from the commission, provided, however, that at least 90 days' notice of such intention is given to the commission, and provided, further, that such withdrawal after the adoption of the commission budget for a given year shall not abrogate the responsibility of the municipality or county to meet its obligations under the budget for such year.

§ 2-23.7 Representatives.

a. The Township Committee shall appoint two representatives to the commission, either or both of the representatives may be a member of the Township Committee or hold other elective or appointive office in the Township.

b. In addition to such representatives, the Township Committee may appoint two alternate representatives to the commission, who shall serve for the terms of one year each, or until the appointment and qualification of their successors. Such alternates shall have the right to attend all meetings of the commission and take part in all discussions. The alternates shall be designated as first alternate and second alternate and in such order may represent the Township and vote in the event or the absence or disability of one or both of the regular representatives.

c. Each regular representative shall serve for a term of five years, or until his successor has been appointed and has qualified, except that any appointed representative holds another elected or appointed public office shall serve as such representative for the term of his elected or appointed office and only so long as he shall hold such elected or appointed public office, notwithstanding his term of appointment as such representative. Appointments to vacancies caused by the death, resignation or other inability to serve of a representative shall be billed for the balance of the term only. No alternate representative shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.

§ 2-24 SENIOR CITIZENS COMMITTEE.

§ 2-24.1 Establishment; Members; Terms.

There is hereby established a senior citizens committee (hereinafter "committee") to consist of seven members appointed by the Township Committee. Of the five committee members first appointed to the original committee, one was designated to serve for one year, one was designated to serve for two years, one was designated to serve for three years, one was designated to serve for four years and one was designated to serve for five years and their successors were appointed for terms of five years and until the appointment and qualification of their successors. From the date of the amendment of this subsection forward those committee persons previously appointed shall be allowed to serve out their full terms. For those appointed to succeed them on the committee or upon their reappointment to the committee, the new term shall be for three years. New appointees to the committee, to the two new seats created, shall also be appointed to three year terms initially, one shall be appointed to a two year term and one to a three year term and until the appointment and qualification of their successors. All committee members shall be residents of the Township of Warren and shall serve without compensation. A vacancy on the committee occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment, but as to committee persons serving five-year terms, the appointment to an unexpired term shall be to a maximum of three years.

All members appointed by the Township Committee shall be 60 years of age or older at the time of their appointment, except that the Township Committee shall have the option to appoint one member to the senior citizens committee that is less than 60 years of age.

§ 2-24.2 Organization.

The committee shall organize immediately upon its appointment and elect from its members a chairman, vice-chairman and secretary-treasurer at its annual organization meeting. The committee shall have monthly meetings or meet on other occasions as it shall determine.

The secretary of the committee shall submit quarterly reports in writing to the Township clerk.

§ 2-24.3 Duties of the Committee.

The powers and duties vested in said committee shall include, but not be limited to, the following:

a. To encourage and support the promotion, planning, development, implementation and maintenance of adequate recreational programs for senior citizens.

b. To make studies and prepare recommendations and reports to the Township Committee outlining appropriate housing needs and designs for senior citizens.

c. To establish communication with county, state and federal offices and agencies in an effort to determine assistance, benefits and programs available for senior citizens.

d. To conduct public relations programs designed to inform senior citizens of federal, state and local benefits available to them.

e. Sponsor social and civic programs for the benefit of senior citizens.

f. To make studies and prepare recommendations and reports to the Township Committee to assist disabled, needy or handicapped senior citizens.

g. To make studies and prepare recommendations and reports to the Township Committee to facilitate appropriate transportation for senior citizens.

§ 2-24.4 Appropriation of Funds and Authorization of Committee Expenditures.

The Township Committee may appropriate annually funds for expenses anticipated by the senior citizens committee and authorize said committee to expend funds as provided above.

§ 2-25 MUNICIPAL PUBLIC ADVOCATE.

§ 2-25.1 Office Established; Term.

There is hereby established the office of municipal public advocate, said municipal public advocate to be appointed by the Township Committee and to serve for a term which expires on December 31 of each year, or until earlier terminated by the Township Committee, whichever shall first occur. The Township Committee reserves the right to terminate the municipal public advocate at any time, with or without cause, as the municipal public advocate serves at the will of the Township Committee.

§ 2-25.2 Powers and Duties.

The municipal public advocate shall be an attorney at law of New Jersey who shall appear before the Board of Adjustment, the Planning Board, the Board of Health and such other municipal agencies as the circumstances shall warrant in order to represent and advocate the public interest in proceedings of substantial public importance, which he or she shall determine to warrant such representation and advocacy. The public advocate is to be retained by the Township Committee but shall not operate in any manner under the direction or control of the committee, but shall exercise his or her direction as to the importance and extent of the public interest and whether that interest would be adequately represented and advocated without his or her action. The municipal public advocate shall obtain the leave of the municipal agency that he or she desires to appear before allowing that appearance.

§ 2-25.3 Intent.

It is intended by the creation of this position to ensure that full, fair and balanced record be made in matters of substantial importance with all the competent evidence bearing upon the issues being presented to the Planning Board, the Board of Adjustment, the Board of Health and other municipal agencies, tested as to its relevancy, competency, materiality and credibility, so that such boards, agencies and the Township Committee and any appellate tribunal will have the benefit of a fully developed record of the proceedings containing all the testimony and evidence for a fair, unbiased, impartial decision in accordance with all applicable laws and to ensure that the public interest will be adequately represented and better served.

§ 2-25.4 Compensation.

The salary of the public advocate shall be on an hourly basis with reimbursement for disbursements and any consultants fees. The said hourly rate shall be as set and established by the Township of Warren's Salary Ordinance. The public advocate shall be paid upon a verified voucher specifying the time and attendance before the various municipal agencies and his attendant expenses.

§ 2-26 TAX COLLECTOR.

§ 2-26.1 Creation of Office: Term.

There is hereby created within the Township of Warren, the position of tax collector with all the powers, duties and obligations afforded to the holder of such and other relevant laws now in effect or hereinafter enacted by the State of New Jersey and further as the aforesaid laws are supplemented and amended. The tax collector shall be appointed by Warren Township Committee. The tax collector shall hold his office for a term of four years from the first day of January next following his appointment. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term only.

§ 2-26.2 Tenure.

Tenure may be obtained by the tax collector pursuant to the provisions of N.J.S.A. 40A:9-144 and 40A:9-145, as the same may be supplemented and amended.

§ 2-26.3 Qualifications: Certification Required.

No person shall be appointed as tax collector unless that person shall hold a tax collector's certificate issued by the director of the division of local government services pursuant to the provisions of N.J.S.A. 40A:9-145.2 through N.J.S.A. 40A:9-145, 5 and any subsequent amendments or supplements thereto.

§ 2-26.4 Duties.

The tax collector shall collect and hold monies assessed or raised by taxes upon real and personal property within the Township.

a. He shall keep such records as are required by law including sums received each day for taxes and the names of persons on whose account the taxes are received as well as a record and account of the tax collections of the Borough;

b. He shall make all charges, collect payments and impose penalties for delinquent payments for real estate taxes pursuant to law;

c. He shall enforce all municipal liens and charges including the undertaking of any in rem foreclosure and tax sale proceedings;

d. He shall certify searches for taxes and other liens of real property as may be authorized by law and charge the fees pursuant to law; and

e. He shall perform all duties as may be required by statute presently existing or adopted subsequent to the effective date of this section.

§ 2-26.5 Compensation.

The salary of the tax collector of the Township of Warren shall be established by the Township Salary Ordinance.

§ 2-26.6 Deputy Tax Collector.

The office of deputy tax collector is hereby created and established. The deputy tax collector shall be appointed by the Township Committee for the term of one year expiring on December 31 of the year for which appointed and he shall receive such compensation as the Township Committee fixes by ordinance. The deputy tax collector shall assist and be under the direction of the Township tax collector and shall perform such other duties as may be assigned to him by the Township Committee, and, in the absence of the Township tax collector, shall perform the duties of the Township tax collector.

§ 2-27 DEPARTMENT OF PUBLIC WORKS.

§ 2-27.1 Creation.

There shall be a department in the Township to be known as the "department of public works," same to be headed by the superintendent of public works.

§ 2-27.2 Qualifications of Superintendent of Public Works.

a. A minimum of five years experience in public works or related management and administration.

b. A minimum of five years work experience in the area of general construction.

c. Shall meet the requirements of N.J.S.A. 40A:9-154.5 relative to certification (if the same has been enacted into law; if not so enacted then this qualification shall not be effective).

§ 2-27.3 Appointment of Superintendent of Public Works.

The superintendent of public works shall be appointed by the Township Committee upon recommendation of the Township Administrator. The Township Committee shall not be bound by the administrator's recommendation.

§ 2-27.4 Tenure of Superintendent of Public Works.

Any person holding office continuously as the full-time superintendent of public works in the Township of Warren for the period of five or more years shall continue to hold said office, position or employment, notwithstanding his serving for a fixed term, during good behavior and efficiency and shall not be removed therefrom for political reasons except for good cause and upon formal written charges filed with the Township clerk and after a public, fair and impartial hearing before the Township Committee.

§ 2-27.5 Superintendent of Public Works Duties.

The superintendent of public works under the direction of the Township Administrator shall be responsible for:

a. Managing, supervising and administering the public works department.

b. Communicating to the Township Committee and Township Administrator the status of projects and assignments pertaining to the public works department as the committee or administrator so requires.

c. Organizing the department to ensure effective and efficient performance.

d. Communicating with the Planning Board, Board of Adjustment, engineering and other related departments on issues relative to future developments.

e. Other duties as assigned by the Township Administrator or Township Committee.

§ 2-27.6 Task Oriented Responsibilities of Superintendent of Public Works.

The superintendent of public works shall maintain control over the following areas in accordance with the guidance and direction of the Township Administrator:

a. All road maintenance in the Township.

b. Maintenance of the Township's municipally owned buildings, recreational facilities and land.

c. Maintenance of drainage structures which include but are not limited to drainage easements, retention and detention ponds.

d. Maintenance of Township owned vehicles and equipment.

e. Performing snow removal and ice control as well as other services required for emergencies due to weather conditions.

f. Maintenance of solid waste program including the recycling mini dump program.

g. Maintenance of Township owned land and rights of way including tree and shrubbery removal.

h. Preparation of documentation and reports on any assignments required by the Township Committee, Township Administrator or any other entity rightfully entitled to such information.

i. Preparation of the departments annual operating and capital budget requirements which includes a recommendation of an annual overlay and drainage plan.

j. Other duties as directed by the Township Administrator and or the Township Committee from time to time.

k. To keep the Township Committee and administrator informed of federal, state or other grants which may become available.

l. Head the Township recycling effort.

§ 2-27.7 Road Division.

Within the department of public works there will be a division of roads to be supervised by the superintendent of public works. The duties of this department shall include, but not be limited to:

a. Maintaining and repairing all streets, bridges, culverts and drains within the Township.

b. Installation and maintenance of street traffic lights, signs and markers.

c. Maintain the safety conditions of all Township roads.

§ 2-27.8 Motor Vehicle Maintenance.

Within the department of public works there shall be a division of motor vehicles to be supervised by the superintendent of public works. Duties shall include, but are not limited to routine and emergency vehicle repairs of any Township owned vehicles and equipment.

§ 2-27.9 Building and Ground Maintenance.

Within the department of public works there shall be a division of building and ground maintenance to be supervised by the superintendent of public works. The duties shall include, but are not limited to internal and external maintenance of all Township owned buildings, recreational facilities and lands.

§ 2-27.10 Solid Waste and Recycling.

Within the department of public works there shall be a division of solid waste and recycling to be supervised by the superintendent of public works. The duties shall include, but are not limited to the following:

a. Create, execute and publicize educational workshops to promote the efforts of this division.

b. Combine efforts with the county and state accordingly in recycling and anti-littering programs.

c. Make appropriate recommendations to the Township Committee for the purpose of seeking support for this division's efforts.

d. Apply and execute all state and federal grants as they become available.

e. Preparation of reports and record keeping as required by the Township Committee and or administrator.

§ 2-27.11 Requirement That the Owner or Tenant of Lands Maintain Sight Distances Along Public Roads; Township Performing Work, Penalties.

a. Brush, hedges and other plant life maintenance. The owner or tenant of lands located within the Township of Warren shall keep all brush, hedges and other plant life growing within 10 feet of any roadway or within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet where the chief of police and the superintendent of public works deem the same necessary and expedient for the preservation of the public safety. (See N.J.S.A. 40:48-2.26 for the authority herefor.)

b. Notice to maintain brush, hedges and other plant life; Township performing required work. In the event that the chief of police and the superintendent of public works determine that certain property must be maintained as outlined in paragraph a above they shall give notice to the owner or tenant of the said property to cut the brush, hedges and other plant life as set forth in paragraph a hereof. The owner or tenant of the aforesaid property shall be given 10 days to complete the required cutting. In the event the aforesaid party does not complete the required work within the said ten-day period the Township of Warren will complete the required cutting under the direction of the superintendent of public works.

c. Penalty for noncompliance with the notice referred to in paragraph b hereof. Where the owner or tenant of property subject to the notice referred to in paragraph b above shall have refused or neglected to cut the brush, hedges and other plant life referred to in the said notice, within the said ten-day period, the owner or tenant referred to above shall be subject to the penalties set forth in Section 3-10 hereof, as amended and supplemented.

d. Cost of cutting brush, hedges and other plant life; charging costs against lands; lien. In all cases where brush, hedges and other plant life are cut from any lands described hereinbefore under the direction of the superintendent of public works, the said superintendent shall certify the cost thereof to the Township Committee and if the Township Committee finds such certification correct it shall cause the cost as shown thereon to be charged against the said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes. (See N.J.S.A. 40:48-2.27 for authority herefor.)

§ 2-28 INTERLOCAL SERVICE AGREEMENTS.

§ 2-28.1 Cooperative Means of Conducting Certain Community Development Activities.

a. Findings. The Township Committee of the Township of Warren hereby determines and states:

1. Title 1 of the Housing and Community Development Act of 1974 provides for substantial federal funds being made to certain urban counties for use therein.

2. The New Jersey Interlocal Services Act, N.J.S.A. 40:8A-1, et seq., provides for agreements for the provision of joint services such as the establishment of a cooperative means of conducting certain community development activities.

3. The Township Committee has, by previously adopted resolution, authorized the execution of the agreement recited in the caption hereof and has specifically and expressly set forth its intent to formalize and affirm said authorization by ordinance pursuant to the aforesaid Interlocal Services Act.

b. Execution of agreement. The mayor and Township clerk are hereby authorized to execute an agreement between the County of Somerset and certain municipalities located therein for the establishment of a cooperative means of conducting certain community development activities, which agreement is incorporated herein by reference and shall remain on file in the office of the Township clerk where same shall be available for public inspection. The execution of said agreement and the participation of the Township of Warren therein shall be pursuant to N.J.S.A. 40:8A-1, et seq.

c. Participation by Township. The participation of the Township of Warren shall be as set forth in the above-mentioned agreement including the appointment of two representatives to the community development revenue sharing committee, one appointment by the governing body, by resolution, and one appointment by the mayor.

d. Effective date. This subsection shall take effect in the time and manner provided by law.

§ 2-28.2 Uniform Construction Code Interlocal Service Contract With the Borough of Peapack-Gladstone.

a. Findings. The Township of Warren is in need of Construction Code Inspection Services, and the Borough of Peapack-Gladstone is willing to provide the said services to the Township.

b. Agreement. The Township Committee has determined that it is to the advantage of the Township to contract with the Township of Peapack-Gladstone for the said services.

1. Authorization.

(a) Pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq. and N.J.A.C. 5:23, the mayor and Township clerk are hereby authorized to enter into a contract on behalf of the Township (as the recipient) for the providing of services as herein specified with the Borough of Peapack and Gladstone (as the provider).

(b) Such contract for the said services is entitled "Contract for Construction Code Inspection Services Pursuant to Interlocal Services Act." A copy of the contract is on file in the office of the Township clerk and is open to public inspection at such location during normal business hours.

2. The nature and extent of services and costs thereof shall be as provided in such contract.

3. The contract shall remain in effect in accordance with its terms for the period of November 15, 1984 through December 31, 1985, or as extended, subject to modifications as provided therein.

4. The Borough of Peapack and Gladstone shall provide Warren Township with inspection services under the Uniform Construction Code Act for the following positions:

(a) Construction official.

(b) Building subcode official.

5. In consideration of the performance by the Borough of Peapack and Gladstone of the terms of the contract, Warren Township shall pay the Borough of Peapack and Gladstone in quarterly installments, the total amount of $20,000 for the calendar year 1985, and the approximate sum of $2,250 for the period of November 15, 1984 through December 31, 1984, said sum to be paid monthly, and in accordance with the contract attached hereto by reference.

c. Effective date. The provision of the aforesaid services and the payment for the same in accordance with the terms of the contract attached hereto by reference, for the months of November and December 1984, be and hereby is ratified and approved in all respects.

This subsection shall be immediately effective upon its proper publication and adoption according to law and the adoption of a substantially similar ordinance by the Borough of Peapack-Gladstone.

§ 2-28.3 Interlocal Services Agreement Between the Passaic Township and the Warren Township Police Departments.

Pursuant to N.J.S.A. 40:8A-1 et seq., the Township Committee ordains the execution by the mayor and Township clerk of the agreement between the Passaic Township Police Department and the Warren Township Police Department for the operation of a joint program for the prevention and deterrence of drunk driving is hereby authorized.

A copy of said agreement is annexed hereto as Schedule "A". Said agreement shall be available for public inspection at the Warren Township Municipal Building, 46 Mountain Boulevard, Warren, New Jersey, Monday through Friday, 8:30 a.m. to 4:00 p.m.

This subsection shall take effect upon final passage and publication according to law.

§ 2-28.4 Intermunicipal Agreement for Mutual Police and Fire Aid.

a. Findings. The Township Committee of the Township of Warren hereby determines, states and authorizes:

1. The New Jersey Interlocal Services Act, N.J.S.A. 40:8A-1 et seq. authorizes any local unit of the state to enter into a contract with any other local unit or units within the state for the joint provision within their territorial jurisdictions of any service which any party to the agreement is empowered to render within its own jurisdiction.

2. Municipal corporations of the State of New Jersey are authorized under N.J.S.A. 40A:14-156 et seq. to provide police and fire assistance outside their territorial jurisdictions in order to protect life and property or to assist in suppressing a riot or disorder.

3. The participating municipalities and the Township of Warren have determined that it is in their mutual best interest and benefit that each agree to render supplemental police and fire assistance to any requesting municipality pursuant to the terms and conditions set forth in the intermunicipal agreement for mutual police and fire aid which has been approved by the Somerset County Prosecutor's Office and is attached hereto as Exhibit A.

b. Execution of Agreement. The mayor and Township clerk are hereby authorized to execute an agreement between the Township of Warren and participating municipalities for the provision of police and fire services in an emergency situation, which agreement is incorporated herein by reference and shall remain on file in the office of the Township clerk where same shall be available for public inspection. The execution of said agreement and the participation of the Township of Warren therein shall be pursuant to N.J.S.A. 40:8A-1 et seq. and N.J.S.A. 40A:14-156-1 et seq.

c. Participation by Township. The participation of the Township of Warren shall be as set forth in the above mentioned agreement. This subsection shall take effect in the time and manner provided by law and the terms and conditions of the agreement. This subsection shall be immediately effective upon its proper publication and adoption according to law and the adoption of a substantially similar ordinance by participating municipalities.

§ 2-29 CHIEF FINANCIAL OFFICER/TREASURER.

§ 2-29.1 Creation of Office; Term; License.

The Township chief financial officer/treasurer shall be appointed by the Township Committee in accordance with all requirements of P.L. 1988, C. 110, (N.J.S.A. 40A:9-140.1 et seq.) as amended. He or she shall hold office until January 1 next following appointed, or until a successor is appointed and qualified.

§ 2-29.2 Functions, Powers and Duties.

The Township chief financial officer/treasurer shall, under the supervision of the Township Administrator:

a. Carry out the responsibilities set forth under P.L. 1947, c. 151 (N.J.S.A. 52:27BB-26 et seq.);

b. Describe, develop, maintain, approve and enforce all financial systems and procedures, and install uniform charts of accounts for all Departments of the Municipal Government;

c. Make revenue and expenditure estimates for the Township Committee and provide monthly and annual reports as to the actual revenues and expenditures;

d. Maintain the Township accounts and records;

e. Control all expenditures within the limits of appropriations; and insure compliance with Single Audit Act of 1983;

f. Pre-audit bills and claims;

g. Supervise the billing of funds owed to the Township by third parties;

h. Certify availability of funds in accordance with N.J.A.C. 5:30-14.5;

i. Supervise the collection and deposit of revenues collected by all Township departments;

j. Prepare voucher checks for signature;

k. Prepare payrolls in accordance with the salary ordinance, resolutions and contracts approved by the Township Committee and prepare and insure the filing of all pension and tax reports;

l. Have the safekeeping and custody of all municipal securities, investments and bonds in the Township;

m. Supervise financial proceedings for the issuance of municipal bonds or notes of the Township, subject to requirements of law, ordinance or resolution;

n. Invest and reinvest surplus or idle funds of the Township;

o. Promptly pay interest and principal on municipal obligations as they fall due; and

p. Have such other duties as the Township Administrator or the Township Committee may direct.

§ 2-29.3 Compensation.

Compensation for the Township chief financial officer/treasurer shall be established by the Township Committee by ordinance.

§ 2-29.4 Bond.

The Township chief financial officer/treasurer shall enter into a bond in favor of the Township in such amount as may be prescribed by the Township Committee, which bond shall be approved as to form and surety by the Township Attorney and shall be filed with the Township clerk.

§ 2-30 TOWNSHIP ENGINEERING/ENGINEERING DEPARTMENT.

§ 2-30.1 Established.

There is hereby established the office of the Township engineer pursuant to the provisions of N.J.S.A. 40A:9-140 as supplemented and amended. Also established hereby is the Warren Township Engineering Department.

§ 2-30.2 Appointment of Term of Office.

The Township engineer shall be appointed by the Township Committee upon the advice of the Township Administrator. The Township engineer's term of office shall be three years if employed as an employee of the Township and one year if employed on an independent engineering contractor basis. The Township engineer shall, at the discretion of the Township Committee, be employed as either a Township employee or as an independent engineering contractor, with such decision to be made by the Township Committee prior to the commencement of the engineer's term of office.

§ 2-30.3 Qualifications.

Any person appointed as Township engineer shall have the following minimum qualifications:

a. Licensing as a professional engineer experienced in municipal engineering.

b. Five years experience in the field of municipal engineering.

In addition, certification as a land surveyor and licensing as a professional planner shall be preferred but not mandatory qualifications.

§ 2-30.4 Powers and Duties.

The Township engineer shall have all the duties, rights and obligations as are prescribed by statute or ordinance, including, but not limited to the following:

a. To review development applications to insure compliance with Township ordinances and engineering standards and county or other requirements;

b. Provide technical and engineering advice and assistance to the Township Committee, Planning Board and Zoning Board of Adjustment as needed;

c. Prepare, update, and maintain Township maps, surveys, plans and specifications;

d. Cause tax maps to be updated by a licensed New Jersey Land Surveyor, as provided by law;

e. Inspect all construction and development to insure conformity with approved plans, Township ordinances, board resolutions and appropriate standards;

f. Assist developers, residents and other applicants before Township boards to the extent necessary to foster an efficient planning and development process;

g. Attend agenda or regular meetings of the Township Committee or other Township boards or commissions as requested by the Township Committee, Township Administrator or other municipal authority;

h. Inform the Township Committee of all federal, state and other grants that become available relative to engineering or public improvement projects;

i. Design and supervise major road reconstruction and drainage projects as directed by the Township Administrator;

j. Supervise and direct personnel assigned to the Township engineering department.

k. Perform other duties and responsibilities as prescribed by Township ordinance, resolution of the Township Committee or board or commission or by direction of the Township Committee or Township Administrator.

§ 2-30.5 Assistant Township Engineer.

a. An assistant Township engineer may be appointed by the Township Committee upon advice of the Township Administrator.

b. Said assistant shall work at the direction and under the supervision of the Township engineer; however, if the Township engineer is employed as an independent contractor pursuant to subsection 2-30.2 of the section, the assistant engineer shall be specifically responsible for those duties not included in the Township engineer's contract with the municipality.

§ 2-30.6 Engineering Department.

The Warren Township Engineering Department shall be under the direct supervision and control of the Township engineer. In the event that a dispute may arise as to the scope of duties to be performed by the engineering department in relationship to other Township departments, the Township Administrator shall determine same.

§ 2-30.7 Provisions Not to Affect Hiring of Additional Personnel.

Nothing in this section shall inhibit the powers of the Township Committee, upon advice of the Township Administrator, to create other positions under the supervision of the Township engineer as may be needed from time to time, or to contract for any engineering services or consultants in performing any of the duties of the Township engineer as set forth in subsection 2-30.4.

§ 2-30.8 Papers to Remain Township Property.

All papers, maps, documents, memorandums, reports or any other material of any nature, relating to the administration of the duties of the Township engineer or any person acting under his direction shall be and remain the property of the Township. Upon termination of his services with the Township, the Township engineer shall forthwith surrender to any successor or to the Township, all such property.

§ 2-31 EASEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF TELECOMMUNICATION FACILITIES BY NEW JERSEY BELL TELEPHONE COMPANY.

a. Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11, and N.J.S.A. 48:17-12 and subject to the provisions hereof, permission and consent is hereby granted to New Jersey Bell Telephone Company (hereinafter referred to as "Company"), its successors and assigns, to erect, install, construct, reconstruct, remove, locate, relocate, replace, inspect, maintain, repair and operate its communications facilities and other transmission or process equipment, including underground facilities such as conduits, manholes, cables, wires, and all other facilities appurtenant thereto, and aerial and above-ground, etc. facilities, such as cables, wires, antennas, poles, posts, supports, guys, pedestals, cable termination and distribution cabinets and all other facilities appurtenant thereto, in, through, upon, along, over, under, and across all of the various public streets, roads, avenues, highways, sidewalks, waterways and bridges (including right-of-way areas adjoining the same), and parts thereof, throughout their entire length, and to effect the necessary street openings and lateral connections to curb poles, property lines and other facilities in the Township of Warren (hereinafter referred to as "Township") for said Company's local and through lines and other communications facilities in connection with the transaction of its business.

All of the said public ways, including by way of illustration and not of limitation, the various streets, roads, avenues, highways and bridges and parts thereof, throughout their entire length located in this municipality are hereby designated and prescribed for the uses and purposes of said Company as aforementioned.

In the event that any said public street or way where the Company has facilities is vacated by the Township, the municipality agrees to reserve unto said Company the rights granted the Company by the present ordinance.

b. All poles, posts, pedestals, cabinets, or other facilities hereafter to be erected, constructed, reconstructed, located, relocated, maintained, repaired, or operated shall be located and placed back of the curb lines where shown on the official map(s) of the Township; the poles and posts, however, shall be located within 18 inches of the face of such curb line or as may otherwise be mutually agreed by both parties, or at the points or places now occupied by the poles, posts, pedestals, cabinets, or other facilities of the Company, its successors and assigns, and where there are no curb lines, at other convenient points or places in, upon, along, adjacent, or across the public ways, streets, roads, avenues, highways, or other public places as may be mutually agreed upon between the parties.

c. The Company may bury its local and through communications facilities, such as cables, conduit, manholes and associated equipment, fixtures, process equipment and appurtenances, within the right-of-way of the various public streets and ways, and at such locations as shall be mutually agreed upon by the parties. Extensions of facilities to serve new residential subdivisions, new multiple occupancy buildings, and along streets not served by overhead facilities shall be placed underground to the extent required by the provisions of N.J.A.C. 14:10, Subchapter 4.

Underground conduits and associated facilities, as aforementioned, shall be placed at least 18 inches below the surface of said public streets and ways, roads, avenues and highways and parts thereof, and with the exception of lateral branches to curb poles and property lines and other facilities, the same shall generally not be constructed more than 10 feet from the curb line, unless obstructions make it necessary to deviate from such course or unless the parties mutually agree to another location.

Manholes shall be located at such points along the line of underground conduits as may be necessary or convenient for placing, maintaining, and operating the facilities, as aforementioned, which the Company may from time to time use in connection with its underground conduit system and shall be so constructed as to conform to the cross-sectional and longitudinal grade of the surface so as not to interfere with the safety or convenience of persons or vehicles and so that the same do not protrude above grade level.

d. Before proceeding with any new construction or relocation work in an area covered by this section, the Company shall give prior notice, in writing thereof, to the Township, through its designated representative, of its intention to perform such work, including therewith a map or plan showing the location and size of such facilities. Such maps or plans are for the information of the municipality only and shall not be considered as construction specifications upon which the municipality or any third party may rely for subsequent excavation or other work. Prior to the opening or excavating of any public streets, roads, avenues and highways, or parts thereof, for the purposes of installing, maintaining, or operating its underground systems as aforementioned, the Company shall be required to first obtain such street opening or excavation permits and pay such reasonable fees therefor as may be lawfully required to cover the cost of administration and inspection, as provided by any applicable ordinances regulating such openings or excavations.

This section shall not constitute a waiver of any obligation to obtain all development approvals lawfully required pursuant to the New Jersey Municipal Land Use Law and Township Ordinances for any facility or structure other than cables, wires, pedestals utilized to support underground services to residences or businesses, poles, posts, supports, guys or manholes not exceeding 40 inches in width and not protruding above grade level, which the Company proposes to construct within the Township. Construction of such structures shall be subject to such site plan approvals and variance approvals as are lawfully required pursuant to applicable law and Township ordinances.

e. The surface of the public streets, roads, avenues and highways, and any pavement or other surface and/or planting disturbed by the Company in constructing its facilities, shall be restored to as good condition as it was before the commencement of work thereon. No highways or other said public ways shall be encumbered for a period longer than shall be necessary to execute the work required. Such restoration shall be subject to the approval of the Township after an inspection by its authorized representative upon completion of the work.

f. The Company agrees to indemnify and save harmless the Township from and against all claims and liabilities resulting from any loss of life or property, or injury or damage to the person or property of any person, firm or corporation caused by or arising out of road conditions resulting from any excavations, installation or maintenance connected with the work or equipment or the location or other aspects of the said equipment of said Company, when not attributable to the fault, failure or negligence of the Township, except that if such loss, injury or damage shall be caused by the joint or concurring negligence or fault of the Company and the Township, the same shall be borne by them to the extent of their respective fault or negligence.

g. Whenever a curb line shall be established on streets where one does not now exist or where an established curb line shall be relocated in order to widen an existing street or highway in conjunction with road construction being performed by the Township, the Company shall change the location of all of its above-ground facilities so that the same shall be back of, and adjacent to, the new curb line so established, upon receipt of notice that the curb line has been so established, so long as the Township has acted in accordance with applicable law with reasonable care in establishing the new curb line and providing notice thereof to the Company. This work will be complete at the earliest reasonable time.

h. Any company or corporation having legal authority to erect and maintain poles, posts, or pedestals upon any of the public streets, roads, avenues or highways in the Township may jointly use the Company's poles, posts, pedestals or other structures for all lawful purposes, provided the Company consents to such use, on terms and conditions acceptable to the Company and not inconsistent with the provisions of this present section.

i. The Company shall provide space, to the extent available, on its poles so long as said poles are occupied by the Company and space, to the extent available, in its main conduits existing on the date of passage of this section, but not exceeding one duct of standard size, for the sole benefit of the Township during the pendency of this section. Such space shall be provided for the exclusive use of the Township which use shall be limited to accommodating the wires or electrical conductors required for one-way signal control in connection with municipal police patrol, fire or alarm signal control, and traffic signal control systems only; but for no other uses or purposes, either alone or in conjunction therewith; nor for circuits for the supply of electrical energy for traffic or other signals nor for wires, conductors, cable or the equivalent which provide a means of transmitting any signal to a private, commercial or residential location, and which is normally provided by a nongovernmental supplier; provided, further, that no such use or attachment by the Township shall interfere with the plant or facilities of or the use thereof by the Company. All costs or expenses incurred by the Company in connection therewith shall be paid by the Township. It shall be the obligation of the Township to attach its wires to the poles or place its electrical conductors in the conduits or manholes of the Company, provided that before proceeding with said work, either by itself or by a person, firm or corporation engaged to perform such work, the Township shall give the Company 30 days' prior notice in writing. All such work shall be performed under the supervision of said Company.

The Township will indemnify and save harmless the company from and against all claims, liabilities or demands arising in any manner in connection with the Township's wires or their installation, maintenance, operation or removal, or the Township's use or enjoyment of the Company's plant or facilities provided under this paragraph i.

j. If any or all of the said streets or highways are later taken over by the Board of Chosen County Freeholders of the County of Somerset or the State of New Jersey, Department of Transportation, such Board of Chosen County Freeholders or State Department of Transportation shall have such rights and privileges and be subject to the same terms, conditions and limitations of use as apply herein granted by this section to the Township, provided, however, that satisfactory prior arrangements as may be necessary are made with the Township and the Company for the full protection of the respective interest of each.

k. Nothing herein contained shall be construed to grant unto said Company, its successors and assigns, an exclusive right or to prevent the granting of permission and consent to other companies for like purposes on any of the streets, roads, avenues or highways of the Township.

l. The term "Township" as used in this section shall be held to apply to and include any form of municipality or government into which the Township or any part thereof may at any time hereafter be changed, annexed, or merged, and the term "Township Committee" or any other term herein used in referring to the governing body of the Township shall be held to apply to and include the governing body of such other form of municipality.

m. The permission and consent hereby granted, as conditioned herein, shall apply to and cover all communications facilities of the Company existing at any time, and related structures, process equipment, and appurtenances heretofore or hereafter erected, constructed, reconstructed, removed, located, relocated, replaced, maintained, repaired, or operated by the Company, its predecessors, successors, or assigns within the Township.

n. The Company shall pay the expenses incurred for advertising required in connection with the passage of this section, after the date of its first reading, within 30 days after the Company has received a bill for said advertising from the publisher.

o. In the event that any one or more of the provisions contained herein shall for any reason be illegal or unenforceable in any respect under applicable law, such illegality or unenforceability shall not affect any other provisions of this section, and this section shall then be construed as if such illegal or unenforceable provision(s) had never been contained herein.

p. This section shall continue in full force and effect for a period of 15 years from the date it becomes effective subject to the right of the Company or Township to seek such changes herein as it may deem necessary and reasonable from time to time prior to the expiration of said period; said changes to be mutually agreed and finalized by ordinance passed by the Township before the same become effective.

q. Miscellaneous.

1. Throughout the full term of this section, the Company for itself, its successors and assigns, agrees to maintain its property within the Township in good order and shall comply with applicable law for the provision of safe, adequate and proper service within the Township at just and reasonable rates. At and after expiration of the term of this section, the Company shall safeguard the public interest in continuous and uninterrupted service within the Township.

2. Following final passage of this section, the Township Clerk shall provide the Company with written notice thereof by certified mail. As provided by applicable law, this section shall not become effective until acceptance thereof by the Company and approval thereof by the Board of Public Utilities.

3. This section shall cancel and supersede all prior consent ordinances between the Township and the Company regarding the subject matter hereof.

4. This section shall take effect upon final passage and publication according to law.

§ 2-32 ZONING OFFICER.

§ 2-32.1 Creation.

The office of zoning officer is hereby created and established.

§ 2-32.2 Appointment.

The zoning officer shall be appointed by the Township Committee for the term of one year expiring on December 31 of the year in which appointed.

§ 2-32.3 Salary.

The zoning officer shall receive for his or her services a salary as shall be determined from time to time by the Township Committee.

§ 2-32.4 Duties and Enforcement Powers.

It shall be the duty of the zoning officer to enforce and administer the provisions of the zoning ordinance of the Township of Warren. See Chapter 16 entitled "Zoning" of the Revised General Ordinances of the Township of Warren.

§ 2-33 (RESERVED) [1]

[1] Editor's Note: Former section 2-33, Local Assistance Board, previously codified herein, was repealed in its entirety by Ordinance No. 98-32.

§ 2-34 (RESERVED) [1]

[1] (Editor's Note: Former § 2-34, Vehicular and Pedestrian Traffic Advisory Committee, was repealed 2-7-2019 by Ord. No. 19-01.

§ 2-35 OPEN SPACE, RECREATION, AND FARMLAND AND HISTORIC PRESERVATION TRUST FUND [1]

[Amended 2-7-2019 by Ord. No. 19-02]

[1] Editor's Note: Prior ordinance history includes portions of Ordinance No. 98-14.

§ 2-35.1 Purposes.

The purposes for which the Open Space, Recreation, and Farmland and Historic Preservation Trust Fund ("Trust Fund" hereinafter) may be used are:

a. Acquisition of lands for conservation and recreation purposes;

b. Acquisition of farmland for farmland preservation purposes;

c. Development of lands acquired for conservation and recreation purposes;

d. Maintenance of lands acquired for conservation and recreation purposes;

e. Historic preservation of historic properties, structures, facilities, sites, areas and acquisition of such properties, structures, facilities, sites and areas for historic preservation purposes;

f. Payment of debt service on indebtedness issued or incurred for any of the above purposes.

§ 2-35.2 Use of Trust Fund.

The Warren Township Committee shall, in its sole discretion, upon the advice of the Environmental Commission, or other board, commission or committee, decide how to utilize all trust funds and so utilize same.

§ 2-35.3 Trust Fund.

There is hereby established a trust fund which shall be noted and designated as the "Open Space, Recreation, and Farmland and Historic Preservation Trust Fund" (the "Trust Fund"). A separate bank account shall be established and maintained therefor entitled "Warren Township Open Space, Recreation, and Farmland and Historic Preservation Trust Account." As directed by the Township Committee, funds from the Trust Fund may be utilized to acquire all types of interests in real property, including, not by limitation, fee simple acquisitions, easements, development rights, or any other lesser interests in real estate which will further the purposes set forth herein and for the development and maintenance of the above for recreation, historical and conservation purposes or for the payment of debt service on indebtedness issued or incurred for the said purposes. The lands in which such interests may be acquired shall include undeveloped land as well as land containing improvements at the time of acquisition. The Township Committee shall have the option of paying for land acquisitions with improvements upon them either solely through the Trust Fund or by apportioning the cost thereof by charging the Trust Fund for the land portion and its capital account for the improved portion. It is understood that such acquisition may occur via gift, purchase or by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq. In addition, the Township Committee may authorize the disbursement of monies from the Trust Fund to assist any recognized public or private charitable conservancy in acquiring interest in real property, located within the Township, for the purposes stated herein, provided that the charitable conservancy shall:

a. Demonstrate to the Township Committee that it qualifies as a charitable conservancy;

b. Agree to use the monies only in connection with lands located in the Township and for the purposes authorized by this chapter;

c. Agree to make and keep the lands accessible to the public, unless the Township Committee determines that public accessibility would be detrimental to the lands or to any natural or historic resources associated therewith;

d. Agree not to sell, lease, exchange, transfer, or donate the lands for which the monies received were allocated for use pursuant to this chapter, except upon approval of the Township Committee under such conditions as the Township Committee may establish; and

e. Agree to execute and donate to the Township at no charge (i) a conservation restriction or historic preservation restriction, as the case may be, pursuant to P.L. 1979, c. 378 (N.J.S.A. 13:8B-1, et seq.), or (ii) a development easement, as defined pursuant to section 3 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-13), as appropriate, on the lands for which the monies received were allocated for use pursuant to this section.

§ 2-35.4 Funding of the Trust Fund.

Beginning with the 2002 tax bill, a special tax rate shall be added to the total Township tax rate in the amount of $0.02 per $100 of the annual assessed valuations and tax rate, the revenue from which shall be deposited into the Trust Fund. The Trust Fund shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the Trust Fund shall be utilized for the acquisition of real estate, interests in real estate and other purposes more fully delineated in Subsection 2-35.1 hereinabove. In connection with such acquisitions and other purposes, the funds may be utilized for appraisals, legal expenses and other items of expense permitted by law in connection with the acquisition or as a down payment for the issuance of bonds or for debt service for the same purpose at the discretion of the Township Committee. Any and all interest accruing or other income earned shall remain in the Trust Fund and may be utilized for the above described purposes. In no eventuality shall the Township pay more than fair market value for the land to be acquired. The Township shall contain a minimum of one appraisal from a certified appraiser, plus the appraisal of the tax assessor, as a guide to the fair market value. The cost of such appraisal may be paid out of the Trust Fund.

§ 2-35.5 Utilization of the Land Acquired Through the Trust Fund.

The land acquired under the Trust Fund shall be utilized exclusively for, but not limited to, parks, open space, conservation, recreation areas, natural areas, green ways, wildlife habitats, preservation of farmland, preservation of areas of scenic, historic and cultural value and such other uses consistent with the purposes of this chapter.

§ 2-35.6 Sale of Property.

No real property or interest therein acquired with funds from the Trust Fund shall be sold, conveyed, leased or otherwise alienated unless in accordance herewith. After conducting at least one public hearing thereon and upon a finding that the purposes of this section might otherwise be better served, which finding shall be set forth in an ordinance adopted by the Township Committee, the Township may convey, through sale, exchange, transfer or other disposition, title to, or a lesser interest in, that land, provided that the Township Committee shall replace any land conveyed by this section by land of at least equal fair market value and of reasonably equivalent usefulness, size, quality, and location to the land conveyed, and any monies derived from the conveyance shall be deposited into the Trust Fund. Any such conveyance shall be in accordance with the "Local Lands and Buildings Law," P.L. 1971, c. 199 (N.J.S.A. 40A:12-1 et seq.). In the event of conveyance by exchange, the land or improvements thereon to be transferred to the trust shall be at least equal in fair market value and of reasonably equivalent usefulness, size, quality, and location to the land or improvements transferred from the trust.

§ 2-35.7 Open Space Policy.

a. The policy of Warren with respect to the acquisition of open space recognizes that preservation of a reasonable amount of undeveloped land is necessary if Warren is to maintain its current desirable ambiance.

b. The residents of the Township have a high stake in the acquisition of open space and have demonstrated their support through authorizing the institution of a tax dedicated for this purpose.

c. Acquisition needs to be undertaken as quickly and continuously as possible. This is necessary because the availability of appropriate sites will decrease as development continues within the Township and because the costs of acquisition may increase as open space decreases. Thus, the policy of the Township shall be to leverage Township resources through accessing county, state and federal funds, through the use of grants and/or loans which may be serviced through existing revenues and other appropriate sources and gifts and bequests.

d. Open space acquisitions when taken as a whole need to meet the needs of all the residents of the Township. Thus, acquisitions need to include parklands and green zones, outdoor recreational facilities, farmlands, ecologically sensitive zones, and sites of historical, cultural or scenic value. The policy of the Township shall require that sites considered for acquisition be judged within the context of the Township Open Space Plan. Generally, Township ownership and/or control are considered desirable for public lands.

e. The acquisition of open space cannot be addressed in isolation from other public activities within the Township or without regard to the status and plans of contiguous municipalities. Thus, it is the policy of the Township that the Environmental Commission is charged with (1) preparing a prioritized listing of desirable properties which identifies probable uses and unique or highly desirable features, (2) developing an overall Open Space Plan in collaboration with other Township committees, (3) identifying sources of county, state, federal and private funding that may be used to leverage acquisition, and (4) researching financial vehicles that could support early acquisition.

§ 2-35.8 Duties of the Township Committee.

[Added 4-11-2019 by Ord. No. 19-21]

The Township Committee shall have the following duties:

a. To develop strategies to utilize the Open Space, Recreation, and Farmland and Historic Preservation Trust Fund (the "Trust Fund") in accordance with the policy set forth in Subsection 2-35.7 of this chapter in an efficient and economical manner in order to maximize opportunities to provide all the residents of Warren Township with parklands and green zones, to protect ecologically sensitive areas, to preserve flora and wildlife, to preserve farmland and to protect land of scenic, historical and cultural value while simultaneously creating public outdoor recreational opportunities for Warren Township residents.

b. To establish and publish procedures for the donation of gifts and testamentary bequests of land to Warren Township. A packet of materials shall be made available by the Township Committee to the public detailing the benefits of gifts and/or bequests of land or an interest therein to the Township of Warren.

c. To prepare and keep current the following plans for adoption, in the event that Trust Fund monies will be used in the areas indicated:

1. Plan for selection of lands for acquisition for recreation and conservation purposes.

2. Plan for selection of farmland for acquisition for farmland preservation pursuant to the provisions of the "Agriculture Retention and Development Act" (N.J.S.A. 4:1C-11) or any other law enacted for the purpose of preserving farmland.

3. Plan for selection of historic preservation projects.

4. Plan for projects to develop or maintain lands acquired for recreation and conservation purposes.

5. Trust Fund monies may be used to pay the cost of preparing and adopting the plans referenced above.

d. The Township Committee shall work in conjunction with the Recreation Advisory Committee with regard to the acquisition of open space for recreational purposes, and the Historical Sites Committee for matters pertaining to historic sites. Before the purchase of open space involving recreation or historic property, same will be presented to the Recreation Advisory Committee and/or the Historic Sites Committee for comment, which comments shall be forwarded to the Township Committee. The Township Committee may also consult with any other committee, commission or other body it deems appropriate.

§ 2-36 LIBRARY ADVISORY BOARD.

§ 2-36.1 Purpose.

The purpose of this section is to create a library advisory board.

§ 2-36.2 Establishment; Members; Terms.

[Amended 4-15-2021 by Ord. No. 21-05]

There is hereby established a board to be known as the library advisory board consisting of nine members as follows: seven residents of Warren Township to be appointed by the Township Committee, at least one of which must be a member of the Friends of the Warren Library or other library support group, each to serve a three-year term; the then mayor of the Township of Warren and the Superintendent of the Warren Township School District shall serve one-year terms. The mayor and the superintendent of schools may appoint alternates to act in their stead. A vacancy on the board occurring otherwise than by expiration of a term shall be filled by the Township Committee for the unexpired term in the same manner as an original appointment.

§ 2-36.3 Organization.

[Amended 4-15-2021 by Ord. No. 21-05]

At its first meeting each year the library advisory board shall select a president, vice president and secretary each to serve a term of one year or until their successors are elected. The board shall meet at such times as it shall determine necessary to properly perform its duties. The secretary shall keep minutes of the meetings and submit copies of the minutes of each meeting to the Township clerk.

§ 2-36.4 Duties of the Board.

[Amended 4-15-2021 by Ord. No. 21-05]

The powers and duties vested in the library board shall include but not be limited to, the following:

a. To examine the management of the building containing the library and appurtenant property and library assets that are owned by the Township and utilized by the library commission and to make recommendations regarding the management of said building, property and assets to the Township Committee. For purposes of this section, “library assets” shall mean all books, audio and video materials, furniture, fixtures, equipment and other personal property used in the library, other than such items belonging to the County of Somerset.

b. To make recommendations to the Township Committee regarding the disposal of library assets that are owned by the Township and utilized by the library commission.

c. To make recommendations regarding the expenditure of any bequests or donations made to the library. Any such bequests or donations shall be held and managed by the Township Chief Financial Officer and may be expended by the Township in accordance with applicable law and Township procedure.

d. To make recommendations to the library commission for the operation of the library, the development of library programming and the rendering of library services to the Township.

e. To serve as a liaison between the Somerset County Library System and the Warren Township Committee.

f. To make recommendations to the Township Committee, the County and the Somerset County Library Commission as to the adequacy of the library services and facilities.

g. To ascertain the opinion and desires of Township residents with respect to library services, programs and facilities and to provide recommendations regarding said services, programs and facilities to the library commission.

h. To do all things necessary and proper for the functioning of a library advisory board.

§ 2-36.5 Appropriation of Funds, Authorization of Expenditures and Use of Property.

[Amended 4-15-2021 by Ord. No. 21-05]

a. The Township Committee may appropriate funds to be expended in the furtherance of the duties of the library advisory board.

b. Library assets, shall be used for the promotion of literacy and other customary and proper library purposes for as long as the library is in existence.

c. The Township Committee shall, by resolution, establish procedures relative to the accounting of funds derived from the sale of library assets.

§ 2-37 CLAIMS FOR FIRE DAMAGES.

§ 2-37.1 Payment of Municipal Liens Required; Official Certificate of Search.

No insurer issuing fire insurance policies in this state shall pay any claim for fire damages in excess of $2,500 on any real property located within the Township of Warren unless or until the insured person submits an official certificate of search for municipal liens certifying that all taxes, assessments or other municipal liens or charges, levied and assessed and due and payable against said property have been paid in full and has deposited with the Township anticipated demolition costs relative to the damaged property, if the same has not already been demolished. Any request pursuant to this section, for an official certificate of search for municipal liens shall specify that the search concerns fire damaged property.

§ 2-37.2 Deposit of Costs of Demolition.

No insurer shall pay any claims for fire damages in excess of $2,500 on any Township real property unless and until the insured person submits an official certificate, on the form proscribed and certified by the municipality, that demolition is not required or that the cost of demolition has been paid or the municipality submits a certified copy of the resolution set forth in subsection 2-37.4 hereof. If the demolition has not yet occurred on the date of receipt by the municipality of a request for execution of the certificate required hereby, the insured shall provide on the certificate an estimate of the anticipated costs of demolition. The insurer, on notice to the insured, shall pay the anticipated cost of the demolition to the municipality which shall hold the funds in an interest bearing escrow account in a state or federally chartered bank, savings bank or savings and loan association.

§ 2-37.3 Insurance Company to Pay Municipality for Liens.

If said municipal search shall reveal the presence of any taxes, assessments or other municipal liens or charges due and payable, then such amounts shall be paid by either the owner of such real property or by the insurance company prior to the payment of any claims for fire damages in excess of $2,500 on such real property located with the municipality except as provided herein, an insurance company is hereby authorized and required, prior to the payment of any claims for fire damage, in excess of $2,500 to pay to the municipality the amount of the liens appearing on the official certificate (tax search) and such other recorded liens or related charges as may be certified to the insurance company.

§ 2-37.4 Requirements for Full Payment of Claim to Insured Person.

An insurance company receiving a certified copy of a resolution approving an agreement between the owner of a fire damaged property and the municipality as to the installment payment of delinquent taxes, assessments, other municipal liens, redemption of tax sale liens or anticipated costs of demolition pursuant to N.J.S.A. 17:36-11 from the governing body of the Township of Warren, is hereby authorized to make full payment of the claim to the insured person.

§ 2-37.5 Appeals on Amount of Lien.

If an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable to the court of record, to be held by the court in an interest bearing escrow account in a banking institution or savings and loan association in this state, in an amount totaling 75% of the full amount of the lien or charge being contested but not to exceed the proceeds payable under its insurance policy, and the insurance company shall issue a draft payable to the municipality for the remaining 25% of the lien or charge being contested, with the full amount paid by the insurance company to the court and the Township not to exceed the proceeds payable under its insurance policy pending termination of all proceedings, at which time such monies and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in this state, shall be disbursed in accordance with the final order or judgment of the court.

§ 2-37.6 Order of Payment on Claims.

A municipal claim made in accordance with the provisions of this section shall be paramount to any other claims on the proceeds of the fire insurance policy, except the claim of the holder of a purchase money mortgage held as a first mortgage or an institutional lender which is a holder of a mortgage on the fire damaged property, where the fire insurance policy at the time of the loss listed the mortgagee as the holder of an insurable interest, in which event the claim of the mortgagee to the proceeds shall be paramount to the municipal lien under this Act only to the extent of the amount due and payable to the mortgagee under the mortgage contract. As used in this paragraph, "institutional lender" means any bank, savings bank, state or federally chartered savings and loan association, or insurance company.

§ 2-37.7 Authority of Township Not Affected.

Nothing in this chapter shall be construed to affect the authority of the Township to enforce a Township lien under any other law of this state.

§ 2-37.8 Statutory Authorization.

The procedures and requirements of this section are authorized pursuant to N.J.S.A. 17:36-8, et seq., and any conflict between this section and that statute, as may be amended, will be governed by the provisions of that statute.

§ 2-38 NUMBERING OF BUILDINGS.

§ 2-38.1 Numbering Required.

The various and several parcels of real estate with improvements (above or below ground) thereon on the streets, roads, avenues, lanes and other ways (either public or private) shall be numbered. The said various and several parcels are as shown and designed on the official Tax Assessment Map of the Township of Warren.

§ 2-38.2 Time Limit for Placing Numbers.

The owner or owners, or, if the owner or owners are not the occupant, then the occupant or occupants of the said various and several parcels of real estate described above, shall, within 90 days after the adoption of this section place or cause to be placed the proper number of the dwelling house, store or other improvement on their parcel.

§ 2-38.3 Size and Material Requirements.

Said number shall be of such size and material and placed in such a substantial manner on the dwelling, store or other improvement or on the mailbox servicing the dwelling (provided that the mailbox is located on the same side of the traveled way on which the house is located), store or other improvement or on a post, rod or other item of substantial nature so as to be conspicuous and visible from the street, road, avenue, lane or way on which it fronts, or from which access to it is had. The numbers and background shall be of contrasting colors.

§ 2-38.4 Numbering of Buildings Having Deep Setbacks or Difficult Locations for Viewing Purposes.

If the said dwelling, store or other improvement has a setback from the roadway in excess of 150 feet or a location such that the provisions of subsection 2-38.3 cannot be complied with, then the owner or occupant shall provide a post, rod, mailbox or other type of fixture of substantial nature, with the number affixed thereon, and located on the premises so that the number shall be conspicuous and visible from the street, road, avenue, lane or way on which the premises fronts, or from which access to it is had.

§ 2-38.5 Minimum Height of Numbers.

Said numbers so used in compliance with this section shall be of a height not less than three inches.

§ 2-38.6 Application for Number.

There is on file with the Township engineer an index list of all numbers assigned to the various dwellings, stores and other improvements in the Township. It shall be the duty of the owner or owners, occupant or occupants of any dwelling, store or other improvement to make application to said engineer to determine the number assigned, if the same is not known. Said application may be made on any day, Saturdays, Sundays and legal holidays excepted, at the office of said engineer in the Municipal Building between the hours of 8:30 a.m. and 4:00 p.m. A defense of failure to comply with this section on the grounds of inability to secure an assigned number shall only be valid on presentation of a written statement by the engineer that the assigned number is not available to the applicant. If such fact be so, it shall be the duty of the engineer to so furnish said statement to the applicant.

§ 2-38.7 Time Limit for Placing Numbers on New Buildings.

The owner or owners, occupant or occupants of any dwelling, store or other improvement hereafter erected or completed shall, before the issuance of a certificate of occupancy, apply to the Township engineer for an assigned number and comply with the terms of this section.

§ 2-38.8 Enforcement/Violations and Penalties.

a. The Warren Police, Warren Construction Official, and Warren Zoning Officer shall enforce this section.

b. Any person violating any provision of this section shall, upon conviction thereof, be subject to a fine not to exceed $500.

§ 2-39 REMOVAL FOR ABSENTEEISM.

§ 2-39.1 Removal.

a. The member of any Township commission, statutory board and appointed advisory board, appointed by the mayor or the Township Committee shall be removed for absenteeism, and the vacancy created by such removal shall be filled in the same manner as originally appointed.

b. While retaining all other rights of removal existing by reason of statutory provision or common law, it is the intent of this section to include absenteeism as a cause for removal.

c. In accordance with the N.J.S.A. 40A:9-12.1 et seq., hereinafter referred to as "The Citizen Service Act," the following attendance policy shall apply to all members of any Township commission, statutory board and appointed advisory board. A vacancy shall be created on any commission, statutory board and appointed advisory board whenever a member, without being excused by a majority of the authorized members of such a body, fails to attend and participate at meetings of such body for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination. A member may not be removed from any commission, statutory board and appointed advisory board or body if the member's absenteeism is a result of an illness deemed by the committee, in its reasonable discretion to warrant such nonremoval. This subsection 2-39.1 shall not apply to any member of the Township Committee.

§ 2-40 UPKEEP OF RESIDENTIAL PROPERTY.

§ 2-40.1 Duties of Owners and Tenants.

It shall be the duty of the owner, tenant or person in possession of any lands within the Township:

a. To keep all brush, hedges or other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than three feet where it shall be necessary and expedient for the preservation of public safety.

b. To keep the lands free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris when the same are inimical to the preservation of public health, safety of general welfare of the Township, or which constitutes a fire hazard.

§ 2-40.2 Notice to Owners and Tenants.

After an investigation of any complaint by a resident, officer or employee of the Township relative to a violation of this section, or upon his own motion, the health official or the zoning officer or his or her designee shall notify the owner, tenant or person in possession of the lands complained of to remove such brush, rubbish, weeds, dead or dying trees, stumps, root, obnoxious growth, filth, garbage, trash or other debris, within 10 days after receipt of the notice. The health official or the zoning officer or his or her designee shall reinspect the lands in question after the ten-day period. Nuisances not abated will result in the issuance of a citation by the health official or the zoning officer or his or her designee for either (a) a zoning code violation in accordance with section 16-27 of The Revised General Ordinances of the Township of Warren, or (b) a violation of the general penalty provisions contained in section 3-21 of The Revised General Ordinances of the Township of Warren.

§ 2-40.3 Removal by Township; Emergency Measures; Costs Established as a Lien.

[Ord. 1212; Ord. 14-07, S 2]

If the owner, tenant, or person in possession of the property in question under subsection 2-40.2 above shall fail to abate the condition complained of within 10 days after receipt of notice, the health official or the zoning officer shall advise the Township Administrator of the conditions of the property, who shall utilize the Township personnel or to enter into one or more contracts to abate the conditions. All cleanup costs shall be charged against the property. The amount so charged shall become a lien upon the property and shall be added to and become a part of the taxes next to be assessed and levied upon the property, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.

§ 2-40.4 Special Abandoned Property Maintenance Standards.

[Ord. No. 2018-05]

In accordance with N.J.S.A. 40:48-2.12s, all vacant and abandoned residential properties in which a summons and complaint in an action to foreclose have been filed shall be subject to subsections 2-40.4 through 2-40.10 of the Revised General Ordinances of the Township of Warren and the following standards with regard to the care, maintenance, security, and upkeep of the exterior of the properties.

a. The premises shall be kept free of Utter (including, without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass) and of all nuisances and hazards to the safety of pedestrians and other persons having access to the premises, and free of unsanitary conditions; any of the foregoing shall be promptly removed and abated. The word "hazards" shall include, but is not limited to, the following:

1. Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.

2. Natural growth. Dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.

3. Overhanging objects. Loose, overhanging and projecting objects and accumulations of ice and snow, which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.

4. Ground surface and unsanitary conditions. Holes, excavations, breaks, projections, obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.

5. Recurring accumulation of storm water. Adequate runoff drains shall be provided and maintained to eliminate recurrent accumulations of storm water.

6. Sources of infestation.

7. Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.

8. Chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments thereto shall be maintained structurally sound, safe, durable, smoke-tight and capable of withstanding the action of flue gases.

9. Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.

b. Exterior of the premises. The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Township of Warren and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:

1. The exterior of every building shall be maintained in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment, where necessary, for purposes of preservation and appearance.

2. All exterior surfaces thereof shall be maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the building itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influences.

c. Landscaping. Where exposed to public view, the landscaping of the premises shall be maintained in an orderly state, with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.

d. Security. The premises shall be enclosed and secured against unauthorized entry.

§ 2-40.5 Responsibility of Creditor.

[Ord. No. 2018-05]

Any and all creditors riling a summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property as set forth herein, and if located out of state, shall be responsible for appointing an in-state representative or agent to act for the foreclosing creditor.

§ 2-40.6 Issuance of Notice to Creditor.

[Ord. No. 2018-05]

A public officer, appointed pursuant to P.L. 1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.), or any other local official responsible for administration of any property maintenance or public nuisance code within the Township may issue a notice to the creditor filing the summons and complaint in an action to foreclose if the public officer or other authorized municipal official determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of a notice pursuant to this section shall constitute clear and convincing evidence or proof that a property is vacant and abandoned for the purposes of Subsection a of Section 1 of P.L. 2012, c. 70 (N.J.S.A. 2A:50-73).

§ 2-40.7 Establishment of In-State Representative or Agent.

[Ord. No. 2018-05]

Any and all out-of-state creditors subject to this section shall include the full name and contact information of the in-state representative or agent in the notice required to be provided pursuant to Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).

§ 2-40.8 Violation of Requirement to Appoint In-State Representative or Agent.

[Ord. No. 2018-05]

Any out-of-state creditor subject to this article and found by a municipal court of competent jurisdiction to be in violation of the requirement to appoint an in-state representative or agent pursuant to this article shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) for providing notice to the Township Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.

§ 2-40.9 Violation of Requirement to Maintain, Repair and Secure Premises.

[Ord. No. 2018-05]

Any creditor subject to this section found to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this article shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this section shall commence 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.

§ 2-40.10 Allocation of Fines.

[Ord. No. 2018-05]

No less than 20% of any money collected pursuant to subsection 2-40.9 of the Revised General Ordinances of the Township of Warren shall be utilized by the Township of Warren for Municipal Code enforcement purposes.

§ 2-41 THIRD-PARTY PAYROLL DISBURSEMENT.

§ 2-41.1 Purpose and Intent; Definitions.

[Ord. No. 2015-16]

a. The purpose and intent of these regulations is to comply with the requirements of N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq., governing electronic disbursement controls for payroll purposes.

b. Definitions. As used in this article, the following terms shall have the meanings indicated:

APPROVAL OFFICER

Shall mean the person(s) responsible for authorizing and supervising the activities of the payroll service.

PAYROLL SERVICE

Shall mean a third-party payroll service organization.

TOWNSHIP

Shall mean the Township of Warren.

§ 2-41.2 Authorization; Applicability.

[Ord. No. 2015-16]

a. The Township is authorized to use a payroll service to prepare documentation, take possession of Township funds, and make such disbursements itself on behalf of the Township.

b. The following payroll service providers shall be required to comply with these regulations:

1. Payroll service providers who use their own customized programming process to execute disbursements for the Township;

2. Payroll service providers who use a third-party processor to execute disbursements for the Township.

§ 2-41.3 Township Requirements.

[Ord. No. 2015-16]

a. The appointment of a payroll service shall be pursuant to the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and shall require the contractor to do the following, not by way of limitation: data collection, agency report preparation, calculation of withholding, direct deposit of payroll disbursements, and/or transfer of Township funds to the contractor's account for subsequent disbursement of payment.

b. Any renewal or extension of a contract under these regulations shall be by resolution.

c. The Chief Financial Officer and/or Treasurer is hereby appointed as the approval officer and shall be responsible for authorizing and supervising the activities of the payroll service and shall be further charged with the reconciliation and analysis of all general ledger accounts affected by the activities of the disbursing organization.

d. If required by the contract between the Township and the payroll service, the payroll service is permitted to hold Township funds pending transmittal to a payee.

§ 2-41.4 Payroll Service Requirements.

[Ord. No. 2015-16]

a. A payroll service shall meet all of the following requirements:

1. Report any irregularities that may indicate potential fraud, noncompliance with appropriate laws, dishonesty or gross incompetence on the part of the approval officer;

2. Report circumstances that could jeopardize its ability to continue operations or otherwise interrupt the services provided to the Township.

b. A payroll service must meet the requirements of N.J.A.C. 5:30-17.5, requiring that the approval officer be assured that the payroll service has its own internal controls and appropriately guard against theft and other adverse conditions.

c. All contracts entered into pursuant to these regulations and the laws authorizing the same shall comply with the requirements of N.J.A.C. 5:30-17.6, which sets out a series of mandatory contractual terms and conditions.

§ 2-41.5 Establishment of Service.

[Ord. No. 2015-16]

Upon the adoption of these regulations, the Township Administrator, with the assistance of the Chief Financial Officer and Township Attorney, is hereby authorized and directed to enter into a contract for payroll services in accordance with all public contracting laws and N.J.A.C. 5:30-17. Appointment of the payroll service shall be by separate resolution of the Township.