The form of government in the Township of Lafayette is
the Township Form which comprises Chapters 142 to 156A of Title 40
of the New Jersey Revised Statutes. The Administrative Code has been
drafted in conformity with township law and in many instances, provisions
of the township law have been restated in the code. Other enabling
laws pertaining to the Administrative Chapter are R.S. 40:47-1, et
seq., Police and Fire Departments; 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. Other authority to regulate the internal affairs of
the township is contained in R.S. 40:48- 2.
[New]
All legislative power of the township, except in matters of
health, shall be exercised by the township committee pursuant to law,
and in matters of health by the board of health.
[New]
The township committee shall organize annually during the first
week in January, at which time it shall elect a chairman who shall
be known as mayor from among its 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 committee shall elect a temporary presiding officer.
[New]
The mayor shall have the power to appoint subcommittees of the
township committee with the consent of the township committee. He
shall sign and execute documents and agreements on behalf of the township.
He shall have the power to make proclamations concerning holidays
and events of interest to the township. He shall exercise the ceremonial
power of the township and every other power usually exercised by township
mayors or conferred upon him by law. In the absence or disability
of the mayor, the township committee shall designate someone to act
in his stead.
[New; amended 3-2-2021 by Ord. No. 2021-04]
a. Regular Meetings. The township committee shall meet annually within
the first week in January. The committee shall meet regularly thereafter
on the first and third Tuesday of each month at 7:00 p.m., except
that the committee may, by resolution, dispense with or change the
date 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 the same hour on the following day.
[Amended 1-18-2022 by Ord. No. 2022-02]
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
or by the mayor. 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.
[New]
All regular and special meetings of the township committee shall
be open to the public. 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.
[New]
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 the
quorum of the committee unless otherwise provided by law. If a quorum
is not present one-half hour after the appointed time for any meeting,
the presiding officer or the clerk may declare the meeting adjourned.
[New]
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.
[New]
All ordinances shall be introduced, read, heard and enacted
in the manner provided by general law.
[New]
The ordinance book shall be signed by the mayor and clerk.
[New; amended 3-2-2021 by Ord. No. 2021-04]
Pursuant to R.S. 40:146-13.1 the 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 and shall
serve and be known as the acting Township Mayor.
[Ord. No. 2018-25 § 1]
The Mayor and Township Clerk are hereby authorized to execute
an Agreement establishing a Joint Municipal Court known as "The Municipal
Court of Frankford, Lafayette, Sandyston, Montague and Walpack" pursuant
to the authority granted to the municipality by N.J.S.A. 2B:12-1 et
seq. The Agreement is attached hereto as Exhibit A, and its terms
and conditions are incorporated herein.
[Ord. No. 2018-25 § 2]
This Ordinance No. 2018-25 will be effective upon the adoption
of reciprocal ordinances by the governing bodies of all participating
municipalities, the Township of Frankford, the Township of Lafayette,
the Township of Sandyston, the Township of Montague and the Township
of Walpack.
[Ord. No. 2018-25 § 3]
On the effective date of this Ordinance No. 2018-25, (as above
provided) the Joint Municipal Court heretofore existing and known
as The Municipal Court of Frankford, Lafayette, Branchville, Sandyston,
Montague and Walpack shall be abolished and its function, powers and
duties, records, property and pending cases shall be transferred to
the new Joint Municipal Court established herein.
[Ord. 2/17/98, §§ 1—6]
a. Office Established; Appointment; Term. There is hereby established
the position and office of the Municipal Public Defender which position
shall be filled by the appointment through the unanimous consent and
memorializing resolutions of the governing bodies of Frankford, Lafayette,
Sandyston, Montague and Walpack. The term of the office of public
defender shall be one year, commencing January 1, of the calendar
year and concluding December 31, of that same year. The term of office
of the public defender for the initial year of that position shall
commence from the date of appointment and conclude on December 31,
of the same year as the appointment.
b. Eligibility for Services. Eligibility for services of the municipal
public defender shall be determined by the municipal court on the
basis of the need of the defendant, except as otherwise provided by
state law. The need shall be measured according to N.J.S.A. 2A:153(a)-14
and guidelines promulgated by the New Jersey Supreme Court.
c. Compensation. Compensation for the municipal public defender and
the payment terms thereof, shall be set by ordinances of the participating
municipalities following agreement between them regarding the compensation
and payment terms. The ordinances and agreement setting compensation
shall also set forth any additional compensation to be paid for interlocutory
appeals in the Superior Court.
d. Fee for Representation. Any person who applies for representation
by the municipal public defender, or a court approved counsel, shall
pay an application fee of $200 for the services of the municipal public
defender. In accordance with guidelines promulgated by the 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.
e. Application fees collected pursuant to this subsection shall be dedicated
to a fund administered by the court administrator of the joint municipal
court. The monies in the fund shall be used exclusively to meet the
cost incurred by the municipalities in providing the services of the
municipal public defender, and, when required, for expert and lay
investigation and testimony requested by the public defender. Provided,
however, that the fund shall not be available for, and municipalities
shall not be obligated to pay for, expert and lay investigations or
testimony until after March 22, 1999.
f. This subsection shall become effective on March 22, 1998, and the
position and office of municipal public defender shall be deemed to
have been created on that date; however, the section of this subsection
regarding the required payment of an application fee by a defendant
for the appointment of a municipal public defender shall take effect
immediately, and the court administrator may implement and collect
the application fee immediately upon adoption of the required ordinances
by all of the participating municipalities.
EXHIBIT A: AGREEMENT FOR INTERMUNICIPAL COURT
AGREEMENT FOR INTERMUNICIPAL COURT FOR THE MUNICIPALITIES
OF FRANKFORD TOWNSHIP, LAFAYETTE TOWNSHIP, SANDYSTON TOWNSHIP, MONTAGUE
TOWNSHIP AND WALPACK TOWNSHIP
|
---|
THIS AGREEMENT, made this 1st day of January 2019.
|
BY AND BETWEEN: TOWNSHIP OF FRANKFORD, a Municipal Corporation
of the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Frankford"), with an address of 151 State Highway 206, Augusta,
New Jersey, 07822; TOWNSHIP OF LAFAYETTE, a Municipal Corporation
of the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Lafayette"), with an address of 33 Morris Farm Road, Lafayette,
New Jersey, 07848; TOWNSHIP OF SANDYSTON, a Municipal Corporation
of the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Sandyston"), with an address of 133 Route 645, Sandyston,
New Jersey, 07826; TOWNSHIP OF MONTAGUE, a Municipal Corporation of
the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Montague"), with an address of 277 Clove Road, Montague, New
Jersey, 07827; and TOWNSHIP OF WALPACK, a Municipal Corporation of
the State of New Jersey, located in Sussex County, New Jersey (hereinafter
called "Walpack"), with an address of 16 Old Mine Road, Walpack, New
Jersey, 07881; and,
|
WHEREAS, Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack
currently maintain a Joint Municipal Court for those six municipalities,
which Municipal Court is known as "The Municipal Court of Frankford,
Lafayette, Branchville, Sandyston and Montague/Walpack"; and
|
WHEREAS, N.J.S.A. 2B:12-1 authorizes the formation of a Joint
Municipal Court provided that an Agreement is entered into by all
of the participating municipalities and provided that such Agreement
is filed with the Administrative Director of Courts.
|
NOW, THEREFORE, the Township of Frankford, the Township of Lafayette,
the Township of Montague, the Township of Sandyston and the Township
of Walpack agree as follows:
|
1. Frankford, Lafayette, Sandyston, Montague and Walpack agree
to the formation, establishment and administration of a Joint Municipal
Court to serve those five municipalities, pursuant to N.J.S.A. 2B-12-1
et seq.
|
2. The Municipal Court to be established pursuant to this Agreement
will be known as "Municipal Court of Frankford, Lafayette, Sandyston,
Montague and Walpack."
|
3. The Municipal Court of Frankford, Lafayette, Sandyston, Montague
and Walpack further agree to provide Court services for and on behalf
of Walpack Township.
|
4. The Municipal Court of Frankford, Lafayette, Sandyston, Montague
and Walpack will have a seal bearing the name of the Court.
|
5. The Court will have such jurisdiction as is now, or will
hereafter be confirmed upon it by the Laws and Court Rules of the
State of New Jersey, and the practice and procedure of the Court shall
be governed by the Laws in such case made and provided in such Rules
as the Supreme Court will promulgate and make applicable to the Court.
|
6. The Municipal Court will have one Judge who will be known
as the Judge of the Municipal Court of Frankford, Lafayette, Sandyston,
Montague and Walpack. The Judge will be nominated and appointed as
provided by N.J.S.A. 2B:12-4. The Judge shall be an employee of the
Township of Frankford, and the Judge's salary, benefits and other
expenses shall be billed by the Township of Frankford and equally
divided among the Townships of Frankford, Lafayette, Sandyston and
Montague on a quarterly basis. The Judge's salary shall be established
by the Township of Frankford, provided that any salary increase that
would exceed 2% shall require the approval of all participating municipalities.
|
7. The Municipal Court will have one Court Administrator and
such other necessary clerical or other assistants as agreed upon by
the participating municipalities or as required by the Administrative
Office of the Courts. The Court Administrator and all other Court
personnel shall be employees of the Township of Frankford and their
salaries, benefits and other expenses shall be billed by the Township
of Frankford and equally divided among the Townships of Frankford,
Lafayette, Sandyston and Montague on a quarterly basis. The salaries
of Court personnel shall be established by the Township of Frankford,
provided that any salary increase that would exceed 2% shall require
the approval of all participating municipalities.
|
8. The Municipal Court will be located at the Municipal Building
for the Township of Frankford. The Township of Frankford will make
available for the Court, the courtroom and offices for the personnel
of the Court. In consideration for Frankford Township's contribution
of the Court Facility, rent at the flat rate of $20,000 per year,
equally divided among the Townships of Frankford, Lafayette, Sandyston
and Montague, shall be paid to the Township of Frankford for all portions
of the Frankford Township Municipal Building that are used exclusively
and non-exclusively by Court personnel for the administration of the
Court. At the time of the execution of this Agreement, these areas
include the office of the Court Administrator, Chambers of the Judge,
conference room, courtroom, together with all common areas and the
parking lot utilized when the Court is in session.
|
9. The Court Facility is presently in compliance with all mandates
of the Administrative Office of the Courts. In the event any further
improvements are mandated during the term of this Agreement, all participating
municipalities will share equally in the cost of complying with any
such mandates.
|
10. To the extent that any revenue cost or fine received by
the Municipal Court is recoverable by a municipality (for example,
but not by way of limitation, fines for violations of municipal ordinances),
such revenue cost or fine shall be the property of, and allocated
and delivered to the individual municipality in which the violation,
warrant, complaint or ticket was issued; provided however, that any
revenue recoverable by the Township of Walpack shall be retained by
the Municipal Court in lieu of any additional monetary obligation,
and in full compensation for the Court services provided to the Township
of Walpack by the Township of Frankford under this Agreement.
|
11. Frankford Township shall maintain all required insurances
with respect to the operation of the Court and the Frankford Township
Municipal Building, wherein the Court is to be operated. Lafayette,
Sandyston, Montague and Walpack Townships agree to notify their general
liability insurance carriers that they will be maintaining a Joint
Court at the Frankford Township Municipal Building, and each Township
shall be responsible, to the extent required by their individual insurers,
to obtain any additional insurance and/or endorsements from their
respective insurers with respect to the Court and/or its operations.
|
12. The Court will have a Prosecutor and Assistant Prosecutor,
and any required substitute prosecutors as may be required by the
rules and regulations of the Administrative Office of the Courts.
The Prosecutor and Assistant Prosecutor shall be appointed by the
Township of Frankford, who will be known as the "Prosecutor and Assistant
Prosecutor of the Municipal Court of Frankford, Lafayette, Sandyston,
Montague and Walpack". The Prosecutor and Assistant Prosecutor will
receive compensation as authorized by a professional services contract,
and as approved by Frankford Township upon appointment. The Prosecutor
and Assistant Prosecutor will serve for such term fixed by said professional
services contract.
|
13. A Municipal Court Committee will be created and operated
to act as a liaison between Court personnel and representatives of
the governing body of each participating municipality. Each participating
municipality agrees to designate one member of their governing body
to serve on the Municipal Court Committee, which Committee will meet
from time to time to assure that there is cooperation between the
municipalities and communication of all matters relating to the Municipal
Court.
|
14. Any of the participating municipalities may withdraw from
the Joint Court created herein upon a minimum of six months' written
notice to all other participating municipalities, and no such withdrawal
may be effective until December 31 of the same calendar year. In addition,
any such withdrawal shall be subject to approval by the Administrative
Office of the Courts, and shall become effective upon the date so
approved. All Court files of the withdrawing municipality shall be
retained, maintained and/or disposed by the Joint Court, in accordance
with the applicable rules and regulations. Any matters pending in
the Joint Court as of the effective date of withdrawal that emanated
from the withdrawing municipality shall be concluded in the Joint
Court with any fines or costs payable to the withdrawing municipality
being retained by the Joint Court in compensation for concluding the
adjudication of each such pending matter.
|
15. Pursuant to N.J.S.A. 2B:9-1, the municipalities of Frankford,
Lafayette, Branchville, Sandyston, Montague and Walpack agree that
the Municipal Court formerly known as the "Municipal Court of Frankford,
Lafayette, Branchville, Sandyston and Montague/Walpack" is abolished
and that all Agreements between the aforesaid municipalities relating
to the Municipal Court of Frankford, Lafayette, Branchville, Sandyston
and Montague/Walpack are hereby rescinded and of no force or effect.
|
16. This Agreement will become effective only after ordinances
authorizing the execution of this Agreement and establishment of the
Municipal Court have been passed by the governing bodies of each of
the five municipalities. Upon passage of the ordinances and full execution
of this Agreement, this Agreement will be filed with the Administrative
Director of Courts.
|
[Ord. 5/8/73, § 1]
The township is hereby authorized to enter into a cooperative
joint purchasing program for the year 1973 and each year thereafter
until revoked or changed, with other municipal bodies and school districts
within the County of Sussex and any other public agencies within the
county which may choose to participate in the cooperative joint purchasing
program as hereinafter provided, for such materials and upon such
terms as may be agreed to by the participating municipalities pursuant
to the Statutes of the State of New Jersey pertaining thereto.
[Ord. 5/8/73, § 2]
The materials to be purchased cooperatively shall include motor
gasoline, fuel oil, rock salt, snow grits, and such other items as
two or more of the participants in the program determine can be purchased
on a joint cooperative basis.
[Ord. 5/8/73, § 3]
A single advertisement for bids for the materials to be purchased
shall be placed on behalf of all the participants desiring to purchase
any item by one party in the program selected by the participants.
[Ord. 5/8/73, § 4]
The party selected to advertise for bids shall receive the bids
on behalf of all of the participants. Following the receipt of bids,
the selected party shall, after review of the bids with the other
participants make one award to the lowest responsible bidder for each
separate item on behalf of all the participating agencies.
[Ord. 5/8/73, § 5]
After the award of bids each agency shall order materials when
needed in the quantities required. Successful bidders shall bill the
agencies separately for materials received and payments shall be made
directly to the bidder by each agency. No participant in the program
shall be responsible for payment for any materials to be used by any
other participating municipality.
[Ord. 5/8/73, § 6]
A separate agreement providing the detailed procedures for the
administration of the cooperative joint purchasing program shall be
executed by each of the participating municipalities.
[Ord. 5/8/73, § 7]
The authorization for the cooperative joint purchasing program
shall continue until revoked or amended by ordinance of the Township
of Lafayette, or otherwise by virtue of the Statutes of New Jersey,
or other governmental authority having jurisdiction thereover.
[Ord. 7/13/76]
In accordance with N.J.S. 40A:5-17A, vouchers shall be paid
in the following manner:
a. Vouchers shall be checked by financial officer.
b. Vouchers shall be approved by township committee.
c. Checks shall be drawn for aforesaid vouchers, and be signed by mayor,
treasurer and clerk.
[Ord. 8/1/72, § 1501; Ord. 12/2/97, § 1; Ord. 9/4/01, § 1]
There is established in the township a volunteer fire department
which shall consist of not more than 35 members and a first responders
squad.
[Ord. 8/1/72, § 1501]
The fire department hereby established shall consist of the
present volunteer fire department of the Township of Lafayette together
with such other members as shall hereafter be elected by the department.
[Ord. 8/1/72, § 1502]
The fire department so created shall adopt such rules and regulations
as required by law, which shall be submitted to the township committee
for approval and when approved shall govern the department.
[Ord. 8/1/72, § 1502]
The fire department shall keep records and make reports as are
required by law, and shall make reports to the township committee
when requested to do so.
[Ord. 8/1/72, § 1503; Ord. 2/10/81]
No person shall hereafter become a member of the township fire
department or any unit thereof unless above the age of 18 years and
not over the age of 40, is a citizen of the United States and a resident
of the Township of Lafayette or of such portions of adjoining townships
serviced by the Lafayette Township Volunteer Fire Department under
a contract or agreement between such other municipality and the Township
of Lafayette, such residency to be for a minimum of six months. He
shall be physically fit to perform the duties of a fireman, evidenced
by a certificate to that effect by a practicing physician of the State
of New Jersey, after physical examination for that person.
[Ord. 8/1/72, § 1504]
Every member of the fire department shall every year perform
at least 60 percent of duty, to be composed of actual attendance and
duty at fires and drills, and a record shall be kept of such attendance
and duty and reported to the municipal officers annually by the chief
of the department in accordance with the laws of 1935 as amended by
the laws of 1936.
Every person seeking to join the fire department shall make
application to the company unit which he desires to join. Upon his
election to membership by vote of a majority of the unit present and
voting, he shall become a member in good standing of the fire department.
After his approval of membership by the chief and confirmation by
the township committee, his name shall be entered on a roll of firemen
kept by the township clerk. He shall be given a badge of membership
in his unit by the township committee which badge shall be worn at
all times when on duty and which shall be delivered up to the chief
at any time upon demand of the chief, or whenever the person shall
be under charges involving moral turpitude or neglect of duty, or
for any cause shall cease to be an active fireman.
Exemption certificates will be issued to members of the township
fire department who shall have served seven years in active duty under
township control as required by laws of 1935 as amended by the law
of May 1936.
[Ord. 12/2/97, § 2]
The Lafayette Township Fire Department be and is hereby permitted
to establish a Junior Fireman's Auxiliary Department subject to the
rules and regulations adopted and modified from time to time substantially
similar to the rules and regulations dated October 27, 1997 on file
with the township clerk; which rules and regulations are incorporated
herein by reference.
[Ord. 9/4/01, §§ 2—8; Ord. No. 2005-04 §§ 2—8]
a. The Lafayette Township Fire Department is hereby permitted to establish
the Lafayette Township Fire Department Emergency Medical Service.
The EMS shall be governed by its separate Constitution, bylaws and
its Standard Operating Guidelines. The Chief of the Lafayette Township
Fire Department shall also be the head of the EMS, although he is
not subject to any of the membership requirements of the EMS, nor
shall be respond to a call as an EMS member unless he is duly certified.
b. Any limitation as to the number of members in the EMS shall be set
forth in the Constitution of the EMS. Members of the EMS shall not
count against the existing membership limit of 35 for the Lafayette
Township Fire Department.
c. The EMS is hereby permitted to use the Lafayette Township Firehouse
for its meetings and official business. The Lafayette Township Fire
Department may at the discretion of the Chief of the Lafayette Township
Fire Department and subject to the fire department's rules and regulations,
loan its property to the EMS under reasonable terms imposed by the
chief of the fire department and captain of EMS.
d. Membership in the EMS is open to any resident of Lafayette Township
who meets the requirements of the first responders squad which requirement
shall be in conformance with N.J.A.C. 13:12-1.1 as well as any qualified
person who works within the township although a nonresident. All members
shall possess the necessary certification and meet any applicable
requirements set forth in the Revised Statutes of the New Jersey Administrative
Code. Membership in the Lafayette Township Fire Department and EMS
shall be separate and membership in one does not confer membership
in the other.
e. Should there be any conflict between the Lafayette Township Fire
Department's Rules and Regulations and the EMS Constitution, Amendments
thereto or Standard Operating Guidelines, the conflict will be resolved
in the first instance by the Chief of the Lafayette Township Fire
Department. Any aggrieved party may appeal to the township committee
for resolution. Should such a conflict arise the Chief of the Lafayette
Township Fire Department shall advise the Lafayette township committee
in writing. The township committee may, at their discretion, hold
a hearing to resolve the conflict or dispute.
f. No member of the EMS shall be permitted to operate a defibrillator
without possessing the necessary certification and any required approval
of the Department of Health and Senior Services. Further, the possession,
use, and operation of any defibrillator by the EMS or any member thereof
shall be in strict conformance with any law or regulation or any guideline
issued by the Department of Health and Senior Services.
g. The EMS squad shall follow all requirements of N.J.A.C. 13:12-1.1
including the notice and filing provisions. The EMS shall maintain
and inspect all equipment used in the performance of its duties in
accordance with the Department of Health and Senior services regulations.
[Ord. No. 2007-15, §§ 1—7]
a. Subsection
2-5.1 of the code of the Township of Lafayette is hereby amended to provide that the Fire Department shall now include the Lafayette Township Fire Department First Responders Squad ("First Responders Squad").
b. The Lafayette Township Fire Department is hereby permitted to maintain
the Lafayette Township Fire Department First Responders Squad. The
first responders squad shall operate as an extension of the Lafayette
Township Fire Department and be governed by a constitution and bylaws
as set forth by the Lafayette Township Fire Department. The Chief
of the Lafayette Township Fire Department shall, also, be head of
the first responders squad, although he/she is not subject to any
of the membership requirements of the first responders squad, nor
shall be/she respond to a call as a first responder unless he/she
is duly certified.
c. Any limitation as to the qualifications and number of members in
the first responders squad shall be set forth in the Constitution
of the first responders squad. Members of the first responders squad
shall not count against the existing membership limit of 35 for the
Lafayette Township Fire Department.
d. The first responders squad is hereby permitted to use the Lafayette
Township Firehouse for its meetings and official business. The Lafayette
Township Fire Department may, at the discretion of the Chief of the
Lafayette Township Fire Department and subject to the Fire Department's
rules and regulations, loan its property to the first responders squad
under reasonable terms imposed by the chief.
e. Should there by any conflict between the Lafayette Township Fire
Department's Rules and Regulations and the First Responders Squad's
Constitution, Amendments thereto or Standard Operating Guidelines,
the conflict will be resolved by the Chief of the Lafayette Township
Fire Department.
f. No member of the first responders squad shall be permitted to operate
a defibrillator without possessing the necessary certification and
any required approval of the State of New Jersey Department of Health
and Senior Services. Further, the possession, use and operation of
any defibrillator by the first responders squad or any member thereof
shall be in strict conformance with any law or regulation or any guideline
issued by the State of New Jersey Department of Health and Senior
Services.
g. The first responders squad shall follow all requirements of N.J.A.C.
13:12-1.1 including the notice and filing provisions.
[Ord. No. 2014-12]
a. Emergency Response Fee Authorized. In the event the LTVFD (Lafayette
Township Volunteer Fire Department) is called upon to provide emergency
services and responds to such a call, a reasonable and proportional
amount may be billed to offset costs and expenses arising from the
response for supplies, materials and provisions that are used or expended
in the course of the emergency response, maintenance for equipment,
repair and replacement of equipment and maintenance and fuel for emergency
vehicles, and other similar costs as specified by the procedures set
forth in this subsection.
b. Procedure. The Chief of the LTVFD or his designee shall establish
a schedule of fees for typical and common responses by the LTVFD.
For any response falling within a category covered in the schedule,
the fee set forth in the schedule shall be used. The schedule shall
be based upon a reasonable determination of the costs and expenses
incurred as a result of the response. For any response that is not
covered by the schedule the Chief of the LTVFD or his designee shall
prepare a bill based upon a reasonable determination of the costs
and expenses actually incurred in carrying out the response. The schedule
may be revised annually and a copy shall be filed with the Township
Clerk.
c. Accounting. No later than January 31st of each year the LTVFD shall
provide to the Lafayette Township Clerk an accounting of all bills
submitted and a list of all funds received during the prior year.
d. Billing. All amounts that are authorized to be billed under this
subsection shall be in writing and billed by the Chief of the LTVFD,
his designee or a contracted billing entity. All bills shall be sent
out within 30 days of the response.
e. Hardship Waiver. The LTVFD shall create a single set of criteria
that would allow for a hardship waiver from the response fee. Hardships
shall be determined on a case by case basis by the LTVFD.
[Ord. 5/3/32 §§ 1—4; Ord. 5/4/37 §§ 1—4; Ord. 6/12/73]
Salaries shall be paid to all officers and employees of the
township as provided by ordinance or by resolution where so provided.
[Ord. 8/54; New; Ord. 5/9/78; Ord. 2/27/79; Ord. 8/14/79; Ord. 4/7/87 §§ 1, 2; Ord. 9/3/96 § 1; Ord. No. 2004-0-6 § 1; Ord. No. 2009-04 § 1; Ord. No. 2012-03; Ord. No. 2012-20; Ord. No. 2013-09]
Unless provided elsewhere in this revision all fees shall be
as hereinafter set forth:
a. The
township clerk is hereby authorized to dispense copies of the following,
upon payment of proper fees:
2. Zoning ordinance
and map: $5.
4. Land Use
Procedures ordinance: $5.
6. Individual
recordings of meetings, per CD: $1.
7. Individual
copies, per page: $0.05.
b. The
township building inspector is hereby authorized to dispense copies
of the following upon payment of proper fees:
1. Flood control
certificate: $5.
c. The
township tax collector is hereby authorized to dispense copies of
the following upon payment of proper fees:
1. Redemption
request fee upon 3rd and subsequent request: $50.
2. Redemption
request fee (lien holder): $50.
3. Tax status
request fee: $10.
d. The
township tax collector is hereby authorized to charge a return check
fee of $20 for a check returned to the township designated as having
insufficient funds.
e. The
township tax collector is hereby authorized to dispense printouts
of tax line items to tax searchers upon the payment of proper fee:
1. The fee for printouts of tax line items for tax searchers shall be
$2 per tax line item.
f. The
registrar of vital statistics is hereby authorized to dispense copies
of the following, upon payment of proper fees:
1. Certified
Copies:
(b) Marriage
certificate: $5.
2. Marriage
license: $28 (or as specified by the NJ State Registrar).
3. Civil Union
license: $28 (or as specified by the NJ State Registrar).
4. Domestic
partnership: $28 (or as specified by the NJ State Registrar).
g. In
accordance with N.J.S.A. 54:4-23.21 and N.J.A.C. 18:15-3.4(b), the
fee for on-site inspection of property pursuant to the Farmland Assessment
Act, payable every three years is $25.
Note: Contiguous and noncontiguous parcels of land under the
same ownership are subject to a single fee.
h. The
recreation commission is hereby authorized to charge a fee of $75
for the use of the township pavilion at the pond. The recreation commission
will utilize a "Pavilion Use Request Application Form" approved by
the township committee. This form will be used for all organizations
and residents requesting the use of the pavilion.
[Ord. No. 2009-06 §§ 1—3]
a. Statement of Need. The township committee of the Township of Lafayette
has noted that significant costs and expense are incurred by the township
as a result of the necessity of plotting on the township's maps on
the change of ownership of real property within the township. The
township committee of the Township of Lafayette concludes that it
is more equitable to its citizens that the owner of real property
within the township shall pay a fee to ameliorate the cost of plotting
on the township maps the transfer of ownership.
b. Recording and Plotting of Deeds.
The owner of record of real property within the township shall,
simultaneously with obtaining a smoke detector certification, pay
to the tax collector of the Township of Lafayette a fee of $50 to
cover the costs of recording the transfer of ownership of the real
property in the official records of the township and amending the
tax maps.
There is attached hereto a pro forma copy of the form to be
utilized by the record owner of property and presented to the tax
collector.
There shall be submitted, with the form provided for in paragraph
b2, a copy of the proposed deed or other instrument evidencing the
transfer.
The only exception to the above is that any property that is
exempt on its transfer of the realty transfer tax, pursuant to N.J.S.A.
46:15-5 et seq. shall, also, be exempt from the payment of the tax
map fee.
Failure to comply with the provisions of this subsection shall
result in additional imposition of a fine of $100, which fine shall
constitute a lien on the property transferred and shall remain a lien
until the fee and fine are paid in full.
c. Limited Effect. Any fee set forth in Chapter
2, Administration, of the Code of the Township of Lafayette pertaining to fees not amended by this subsection shall remain in full force and effect.
TOWNSHIP OF LAFAYETTE
|
33 Morris Farm Road
|
(973) 383-1817
|
Lafayette, NJ 07848
|
(973) 383-0566 (fax)
|
Notice to: Sellers/Purchasers of Property Located in the Township
of Lafayette, Sussex County, NJ
|
TAX MAP FEE
|
Pursuant to the Code of the Township of Lafayette, Chapter 2 (2-7), a fee of $50 is due upon closing of title to all properties located in the Township of Lafayette.
|
All owners of real property within the Township
of Lafayette shall pay to the Tax Collector of the Township of Lafayette
a $50 fee to cover the cost of revisions to the Tax Map upon the transfer
of title to the property.
|
The only exception to the above is that any property that is
exempt on its transfer of the realty transfer tax, pursuant to N.J.S.A.
46:15-5, et seq. shall also be exempt from the payment of the Tax
Map fee.
|
Upon closing of title, please forward to the Lafayette Township
Tax Collector an attorney's trust account check, money order or certified
check in the amount of $50 payable to the Township of Lafayette.
|
Please attach your check to this form, Note in the memo, "Tax
Map Fee," and the Block and Lot of the Property and complete the following
information:
|
Block __________Lot __________________Qualifier _____________________________
|
Property Location: ______________________________________________,
Lafayette, NJ
|
Full Name of Grantor: _______________________________________________________
|
Full Name of Grantee: _______________________________________________________
|
Date of Closing: ___________________________________________________________
|
[Ord. 8/9/77, § 1]
A department be and hereby is established in and for the township
to be known as the Lafayette Township Recreation Commission.
[Ord. 8/9/77, § 2]
The commission shall be composed of nine residents of the township
to be appointed as follows:
a. Three shall be initially appointed for a term of three years.
b. Three shall be initially appointed for a term of two years.
c. Three shall be initially appointed for a term of one year.
d. Each year hereafter three persons shall be appointed annually for
a term of three years in place of the terms of the members then expiring.
e. A chairman of the commission shall be elected annually by the members
of the commission at their first meeting, and the chairman shall thereafter
preside over all meetings of the commission. The chairman shall also
have such other powers or duties as may be delegated to him by the
commission or by the township committee.
[Ord. 8/9/77, § 3]
a. The commission shall meet annually in January of each year after
establishment of the full commission by appointment of the members
thereof.
b. The commission shall meet at least monthly during the year.
c. The commission may establish such special meetings as may be required
either by a vote of the majority of the commission or as may be declared
by the chairman thereof upon his own volition, or upon request by
three or more members of the commission. Notice of such special meeting
shall be given at least 48 hours in advance of the meeting by the
chairman or secretary of the commission to each of the members specifying
the purpose of the special meeting.
[Ord. 8/9/77, § 4]
The commission herein established shall be empowered to:
a. Recommend actions or programs to establish and implement a comprehensive
recreational program for the residents of the township.
b. Recommend additional or special programs to be instituted in the
township from time to time.
c. Submit a proposed budget of the financial needs of the commission
annually not later than December 1 of each year for the ensuing annual
township budget.
d. Adopt regulations and provisions governing the supervision and operation
of the various recreational programs and facilities within the township.
e. Cooperate with the township board of education for any needed facilities
or activities for the school children, or for the use of other township
facilities by the board of education for recreational purposes.
f. Maintain communication with various service clubs, churches, and
fraternal organizations and any other clubs or organizations within
the township in an effort to foster good public relations within the
various elements in the township respecting proper recreational facilities
and activities.
g. Perform such other duties and responsibilities as may be assigned
to the commission from time to time by resolution of the township
committee.
[Ord. 5/25/82]
OFFICIAL or MUNICIPAL OFFICIAL
As used herein, shall mean a present or former municipal
employee, appointee, official, elected official, or member of the
various boards, agencies and commissions of the Township of Lafayette,
Sussex County, New Jersey.
[Ord. 5/25/82]
The township is hereby authorized to provide for the defense
of actions brought against its officials and to indemnify such officials
to the extent hereinafter set forth, and shall save harmless and protect
such persons from any financial loss resulting from litigation.
The obligation of the township to defend and indemnify its employees
for acts or omissions arising out of or in the course of the performance
of the duties of that person shall be limited to those circumstances
under which the township itself would be liable for the acts of its
employees under the Doctrine of Respondent Superior.
[Ord. 5/25/82]
a. The township shall defray the costs of defending any criminal action
against any official provided:
1. It is authorized by state statute, municipal ordinance or by resolution
and provided the criminal proceedings have been dismissed or result
in a final disposition in favor of the official.
2. The township committee determines that there is no good cause to
dismiss the official arising out of the incident or related incidents
of the criminal proceedings.
b. The township shall provide for the defense of any criminal action
against any official provided:
1. It is authorized by state statute, municipal ordinance, or by resolution
and such defense is not herein otherwise limited.
[Ord. 5/25/82; Ord. 9/5/89, § 1]
The township committee shall not approve indemnification or
the defense of any action if:
a. The act or omission complained of was not within the scope of employment;
b. The act or omission complained of was because of actual fraud, willful
misconduct or actual malice;
c. The defense of the action or proceeding would create a conflict of
interest between the township and the official involved;
d. There exist policies of insurance either obtained by the township,
the municipal official or by another by virtue of which the municipal
official is entitled to a defense of the action in question from the
insurer;
e. The municipal official has failed to deliver to the township committee
within ten days of the time he or she is served with any summons,
complaint, process, notice, demand, or pleading, the original or copy
of such document or thereafter fails to cooperate with the township
in the defense of the matter;
f. The official fails to timely request in writing the defense of any
action;
g. The official has failed to cooperate fully with the township in the
defense of the matter;
h. The action was brought by the township;
i. The action was brought by the officer or employee; or
j. Where the legal proceeding involves the question concerning the election
law.
[Ord. 5/25/82]
a. If the township committee determines to provide a defense as authorized
in this section, it may do so by:
2. Hiring an attorney of its choice and paying the same directly;
3. Reimbursing the municipal official for reasonable attorney's fees
expended or obligated to be expended by such official in the defense
of the act; or
4. By asserting the municipality's right under any appropriate insurance
policy requiring an insurer to provide a defense.
b. In the event the township is asked to reimburse the municipal official
for reasonable attorney's fees, the attorney must at the commencement
of the action, submit a letter in writing to the township committee
indicating his or her representation, the financial terms for his
or her representation and an agreement to provide an itemized bill
periodically and at the conclusion of his or her representation of
the individual to the township committee. Failure of the official
to have his or her attorney comply with this procedure shall preclude
the municipal official from any reimbursement for reasonable attorney's
fees.
[Ord. 5/25/82]
a. In any case where the township is required to provide a defense under
this section, the township shall pay or shall reimburse the official
for the following:
1. Any bona fide settlement agreements entered into by the official
provided that the settlement agreement was submitted to and approved
by the township committee before the same is executed by the parties.
2. Any judgments entered against the official.
3. If the township has improperly failed to provide a defense required
under this section, all costs of defending the action, including reasonable
counsel fees and expenses together with costs of any appeal.
b. In addition, in any case where the township would be required to
provide a defense under this section, except for the fact that such
defense is provided by insurance, the township shall provide indemnification
but only to the extent not covered by insurance.
c. Nothing in this section shall authorize the township to pay for punitive
or exemplary damages or the damages resulting from the commission
of a crime.
d. In any case where the township committee has not approved and provided
a defense of an action because of its determination that the act or
omission complained of was caused by actual fraud, willful misconduct,
or actual malice on the part of the official and where a verdict is
rendered adjudicating the act or omission complained of was not caused
by the willful misconduct, actual fraud or actual malice, then the
township shall reimburse the official for the cost of defending such
action and shall otherwise indemnify the official for any verdict
or judgment.
e. In the case where the township has provided for the defense of a
public official or public employee, and a verdict is rendered adjudicating
that the act or omission complained of was caused by the actual malice
of the official, an appropriate action to obtain reimbursement of
the costs of defending the action from the public official will be
taken.
[Ord. 5/25/82]
If any section, subsection, sentence, clause, or phrase or portion
of this section is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
[Ord. 5/25/82]
In addition to the provisions hereof, all officials of the township
shall be entitled to defense and indemnification as provided in N.J.S.A.
59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.
[Ord. 9/5/89, § 2]
a. Approvement of Settlement. If the legal proceeding is terminated
by an agreement among the parties, then the township shall not be
obligated to reimburse the municipal official unless the township
approves the settlement agreement.
b. Costs Attributable to Counter Action. If the municipal official files
a counter action in the legal proceedings, the township shall not
be obligated to reimburse him for any attorney's fees or court costs
attributable to such counter claim.
c. Time of Payment. The township may reimburse a municipal official
for a portion of expenses incurred prior to a final decision in a
legal proceeding, but the township shall be entitled to wait for a
final determination before being obliged to make any payments.
[Ord. 10/10/78, § 1]
The provisions of Subdivision B of Revised Statutes of New Jersey
26:3-3 et seq. are hereby adopted, and pursuant thereto there is hereby
established a local board of health in the township to consist of
not less than five nor more than seven members, one of whom shall
be a member of the township committee.
[Ord. 10/10/78, § 2]
The members of the local board of health herein established
shall be appointed by a majority of the members of the township committee
of the Township of Lafayette, and shall hold office for a term of
four years from January 1 of the year of their appointment, and until
their successor or successors have been appointed and qualified, except
as herein provided.
[Ord. 10/10/78, § 3]
Of the members first appointed, the terms of not exceeding three
members shall be for two years, the terms of not exceeding three members
shall be four years, and the term of the member of the township committee
shall be one year. Other than a member of the township committee,
all appointments of members after the first appointment shall be four
years as herein provided.
[Ord. 10/10/78, § 4]
Any vacancy which may arise among the members of the local board
of health herein created shall be filled by appointment of the township
committee for the unexpired portion of the term only.
[Ord. 10/10/78, § 5]
The composition of the present local board of health and the
term and powers of the members thereof shall terminate upon the effective
date of this section.
[Ord. 6/21/88, §§ 1—3]
a. Whenever the owner of any land in the Township of Lafayette applies
for the issuance of any license or permit requiring the approval of
the municipality or any municipal agency, no such license or permit
shall be issued so long as there are any delinquent property taxes
or assessments on the property wherein the business or activity for
which the license or permit is sought or wherein the business or activity
is to be conducted.
b. When any licensee or permittee who is the owner of the property upon
which the licensed business or activity is conducted has failed to
pay the taxes or assessments due on the property for at least three
consecutive quarters, the license or permit may be revoked by the
township committee upon ten days' notice to the holder of such license
or permit. Upon payment of any such delinquent taxes or assessments
the license or permit shall be restored.
c. The provisions of this section shall not apply to or include any
alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act" R.S. 33:1-1 et seq.
[Ord. 11/22/88, § 1]
This section shall be known and may be cited as the Cooperative
Pricing Ordinance of the Township of Lafayette.
[Ord. 11/22/88, § 2]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the mayor
is hereby authorized to enter into a Cooperative Pricing Agreement
with the lead agency created herein, to be known as the Sussex County
Cooperative Pricing Council, or any other contracting unit within
the County of Sussex or adjoining counties for the purchase of work,
materials and supplies.
[Ord. 11/22/88, § 3]
The road commissioner and/or road foreman shall be designated
as the representative of the Township of Lafayette to the Sussex County
Cooperative Pricing Council and shall be authorized to accept subsequent
request for participation in the agreement on its behalf.
[Ord. 11/22/88, § 4]
The lead agency created in the agreement and the part to the
agreement designated by the lead agency to perform administrative
services on its behalf shall be responsible for complying with the
provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et
seq.) and all other provisions of the Revised Statutes of the State
of New Jersey.
[Ord. 3/7/89, § 1]
There is hereby established a department of finance in the Township
of Lafayette.
[Ord. 3/7/89, § 2]
The financial business of the Township of Lafayette shall be
committed to said department which shall be headed and administered
by the chief financial officer of the Township of Lafayette.
[Ord. 3/7/89, § 3]
The chief financial officer must meet all requirements of L.
1988 c. 110 and shall carry out the responsibilities set forth under
N.J.S.A. 52:27BB-26 et seq.
[Ord. 3/7/89, § 4]
The chief financial officer, in addition to serving as director
of finance, shall also serve as the township treasurer.
[Ord. 3/7/89, § 5]
The chief financial officer shall receive such compensation
as may be established in the salary ordinance.
[Ord. No. 2005-19 § 1]
A special bank account shall be opened and maintained by the
Township of Lafayette known and designated as the "Lafayette Township
Open Space, Recreation, and Farmland and Historic Preservation Trust
Fund." Funds collected by the township as authorized by this referendum shall be deposited into this account. The said fund shall
be established and maintained as authorized by N.J.S.A. 40:12-15.7.
Any funds so deposited shall be used exclusively for the purposes
authorized by the voters of Lafayette. Any interest or other income
earned on monies deposited into this account shall be credited to
the fund to be used for the same purposes as the principal.
[Ord. No. 2005-19 § 2]
The reserve for open space acquisition shall be funded through
the dedication to the fund of an amount of between $0.01 and $0.03
per $100 of assessed valuation of each annual tax levy commencing
the year 2006. Discretion for the collection of this tax in accordance
with these guidelines will remain within the discretion of the township
committee. Intervivos gifts and testamentary bequests of funds paid
to the Township of Lafayette and dedicated to the Lafayette Township
Open Space, Recreation, and Farmland and Historic Preservation Trust
Fund shall be added to the said fund and such funds expended in accordance
with this section. Interest earned upon funds deposited within this
account shall be added to the funds within this trust fund and are
to be used exclusively for the same purpose as the principal. Said
funds in this dedicated account may be utilized for any purpose set
forth in the approved referendum as authorized by the township committee
following the completion of at least one public hearing.
[Ord. No. 2005-19 § 3]
Property which is acquired with the funds from this trust fund
shall not be used for a purpose inconsistent with this section and
shall not be leased or sold except upon authorization by the township
committee and then only after the question of the sale or lease of
such property has been acted upon by referendum of the registered
voters of Lafayette Township in the manner set forth in N.J.S.A. 40:12-15.9.
Where property is acquired in accordance with this section, restrictions
upon the use, sale, or lease of such property shall be stated in a
deed to be recorded upon the title of such property setting forth
in addition that the property was acquired with funds from the Lafayette
Township Open Space, Recreation, and Farmland and Historic Preservation
Trust Fund.
[Ord. No. 2009-04 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of Lafayette Township's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 2009-04 § 2]
As used in this section, the following terms shall have the
meanings indicated:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Township of Lafayette to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for the Township of Lafayette.
[Ord. No. 2009-04 § 3]
a. Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of municipal housing liaison for the
Township of Lafayette.
b. Subject to the approval of the Council on Affordable Housing (COAH),
the municipal housing liaison shall be appointed by the governing
body and may be a full or part time municipal employee.
c. The municipal housing liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Lafayette, including the following responsibilities which may not
be contracted out, exclusive of item 6 which may be contracted out:
1. Serving as Lafayette's primary point of contact for all inquiries
from the State, affordable housing providers, administrative agents
and interested households;
2. Monitoring the status of all restricted units in Lafayette Township's
Fair Share Plan;
3. Compiling, verifying and submitting annual reports as required by
COAH;
4. Coordinating meetings with affordable housing providers and administrative
agents, as applicable;
5. Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6. If applicable, serving as the administrative agent for some or all
of the restricted units in the Township of Lafayette as described
in paragraph f below.
d. Subject to approval by COAH, the Township of Lafayette may contract
with or authorize a consultant, authority, government or any agency
charged by the governing body, which entity shall have the responsibility
of administering the affordable housing program of the Township of
Lafayette, except for those responsibilities which may not be contracted
out pursuant to paragraph c above. If the Township of Lafayette contracts
with another entity to administer all or any part of the affordable
housing program, including the affordability controls and Affirmative
Marketing Plan, the municipal housing liaison shall supervise the
contracting administrative agent.
e. Compensation. Compensation shall be fixed by the governing body at
the time of the appointment of the municipal housing liaison.
f. Administrative Powers and Duties Assigned to the Municipal Housing
Liaison.
1. Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Township of Lafayette and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements and
landlord/tenant law.
2. Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Township of Lafayette when referring households
for certification to affordable units.
3. Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or county clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4. Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5. Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6. Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
administrative agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
7. The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Ord. No. 2011-13]
As used in this section:
a. CAMPAIGN COMMITTEE — Shall mean (i) every candidate for Lafayette
Township elective municipal office; (ii) every candidate committee
established by or for the benefit of a candidate for Lafayette Township
elective municipal office; (iii) every joint candidate committee established
in whole or in part by or for the benefit of a candidate for Lafayette
Township elective municipal office; (iv) every political party committee
of the Township of Lafayette; (v) every political party committee
of the County of Sussex; and (vi) every political committee, continuing
political committee, or other form of association or organization
that regularly engages in the support of candidates for the Lafayette
Township municipal or Sussex County elective offices or Lafayette
Township municipal or Sussex County political parties or political
party committees. The terms in the foregoing paragraph have the meaning
prescribed in N.J.A.C. 19:25-1.7.
b. CONTRIBUTION — Shall have the meaning prescribed in N.J.A.C.
19:25-1.7. By way of illustration, and not limitation, this definition
includes pledges, loans, and in-kind contributions.
c. CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES — Shall
mean all contracts for "professional services" and "extraordinary
unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
d. BUSINESS ENTITY WHOSE CONTRIBUTIONS ARE REGULATED BY THIS SECTION
FOR PURPOSES OF THIS SECTION — Shall mean: (i) an individual
including the individual's spouse, and any child/children; (ii) a
firm; corporation; professional corporation; partnership; limited
liability company; organization; association; and any other manner
and kind of business entity; (iii) any person who owns 10% or more
of the equity or ownership or income interests in a person or entity
as defined in sections (i) and (ii) above and their spouses and child/children;
(iv) all partners or officers of such an entity, in the aggregate,
and their spouses and child/children; (v) any person, subcontractor,
subsidiary, corporation, firm, partnership, limited liability company,
organization or association who has received or indefeasibly acquired
the right to receive, from a person described in subparagraph (i)
above, more than $100,000 in compensation or income of any kind (including,
by way of illustration, and not limitation: wages, salaries, sums
paid to independent contractors, benefits, dividends, profit-sharing,
pension contributions, deferred contributions, stock, stock options
or gifts), in any 12 month period prior to the award of, or during
the term of, a contract subject to this ordinance; and (vi) all persons
who are an "affiliate" of a business entity as defined in sections
(i), (ii) and (v) above, as such term is used in 11 U.S.C. 101(2).
[Ord. No. 2011-13 § 1]
a. To the extent that it is not inconsistent with State or Federal law,
the Township of Lafayette and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract to procure "professional services" as such term is defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "professional
services"), nor "extraordinary unspecified services" as such term
is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service (hereinafter "extraordinary
unspecified services") from any business entity if such business entity
has solicited or made any contribution to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in Lafayette Township or a holder of public office
having ultimate responsibility for the award of a contract, or (ii)
to any Lafayette Township or Sussex County political committee or
political party committee, or (iii) to any continuing political committee
or political action committee that regularly engages in the support
of Lafayette Township municipal or Sussex County elections and/or
Lafayette Township municipal or Sussex County candidates, candidate
committees, joint candidate committees, political committees, political
parties, political party committees, (hereinafter "PAC"), in excess
of the thresholds specified in paragraph g within one calendar year
immediately preceding the date of the contract or agreement.
b. No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Township of Lafayette
or any of its departments or instrumentalities, for the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make any contribution, to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in Lafayette Township, or a holder of public office
having ultimate responsibility for the award of a contract, or (ii)
to any Lafayette Township or Sussex County political committee or
political party committee, or (iii) any PAC between the time of first
communication between that business entity and the municipality regarding
a specific agreement for professional services or extraordinary unspecified
services, and the later of the termination of negotiations or rejection
of any proposal, or the completion of the performance or specified
time period of that contract or agreement.
c. The monetary thresholds of this section are: (i) a maximum of $300
per calendar year each for any purpose to any candidate or candidate
committee for Mayor or Governing Body, or $500 per calendar year to
any joint candidates committee for Mayor or Governing Body, or $300
per calendar year to a political committee or political party committee
of the Township of Lafayette; (ii) $500 maximum per calendar year
to a Sussex County political committee or political party committee;
and (iii) $500 maximum per calendar year to any PAC. However, for
each business entity party to a contract for professional or extraordinary
unspecified services as defined in paragraph a., or engaged in negotiations
for a contract defined in paragraph a., when such business entity's
contribution is aggregated with all "persons" defined in paragraph
d of "Definitions" above, by virtue of their affiliation to that business
entity party, a maximum of $2,500 to all Lafayette Township candidates,
candidate committees, joint candidate committees, and holders of public
office having ultimate responsibility for the award of a contract,
all Lafayette Township or Sussex County political committees and political
party committees as described herein combined, without violating paragraph
a of this subsection.
d. For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be (i)
the Lafayette Township Mayor or Governing body, if the contract requires
approval or appropriation from the Mayor or Governing body, or (ii)
the Mayor of the Township of Lafayette, if the contract requires approval
of the Mayor, or if a public officer who is responsible for the award
of a contract is appointed by the Mayor.
e. Rules Regarding Subcontractors. No person may be awarded a subcontract
to perform under a contract subject to this section, if the subcontractor
would be disqualified by paragraph a from receiving the contract at
the time that the subcontract is awarded. Nor may any person who would
be disqualified by paragraph a from receiving the contract perform
substantially all of obligations described in a contract for professional
or extraordinary services that are subject to this section.
[Ord. No. 2011-13 § 2]
No contribution or solicitation of contributions made prior
to the effective date of this section shall be deemed to give rise
to a violation of this section. (This section was adopted September
6, 2011.)
[Ord. No. 2011-13 § 3]
No contract subject to this section may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this section
if it were an initial contract.
[Ord. No. 2011-13 § 4]
a. Prior to awarding any contract or agreement to procure "professional services" or extraordinary unspecified services" from any business entity, the Township of Lafayette or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of subsection
2-16.2 of this section. The Township of Lafayette, its purchasing agents and departments shall be responsible for informing the Lafayette Township Committee that the aforementioned sworn statement has been received and that the business entity is not in violation of this section, prior to awarding the contract or agreement.
b. A business entity shall have a continuing duty to report to the Township
of Lafayette any contributions that constitute a violation of this
act that are made during the negotiation, proposal process or the
duration of a contract. The Township of Lafayette, its purchasing
agents and departments shall be responsible for informing the Governing
Body within 10 business days after receipt of said report from the
business entity, or at the next Lafayette Township Committee meeting
following receipt of said report from the business entity, or whichever
comes first.
c. The certification required under this subsection shall be made prior
to entry into the contract or agreement with the Township of Lafayette,
or prior to the provision of services or goods, as the case may be,
and shall be in addition to any other certifications that may be required
by any other provision of law.
[Ord. No. 2011-13 § 5]
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of subsection
2-16.2 of this section, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
[Ord. No. 2011-13 § 6]
The contribution limitations prior to entering into a contract in subsection
2-16.2a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20 et seq.
[Ord. No. 2011-13 § 7]
a. It shall be a material breach of the terms of a Lafayette Township
agreement or contract for professional services or extraordinary unspecified
services when a business entity that is a party to such agreement
or contract has: (i) made or solicited a contribution in violation
of this section; (ii) knowingly concealed or misrepresented a contribution
given or received; (iii) made or solicited contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution; (iv) made or solicited any contribution on the condition
or with the agreement that it will be recontributed to a candidate,
candidate committee or joint candidates committee of any candidate
for elective municipal office in Lafayette Township, or a holder of
public office having ultimate responsibility for the award of a contract,
or any Lafayette Township or Sussex County political committee or
political party committee, or any PAC; (v) engaged or employed a lobbyist
or consultant with the intent or understanding that such lobbyist
or consultant would make or solicit any contribution, which if made
or solicited by the professional business entity itself, would subject
that entity to the restrictions of this section; (vi) funded contributions
made by third parties, including consultants, attorneys, family members,
and employees; (vii) engaged in any exchange of contributions to circumvent
the intent of this section; or (viii) directly or indirectly, through
or by any other person or means, done any act which if done directly
would subject that entity to the restrictions of this section.
b. Furthermore, any business entity that violates subsection 2-16.8a(i-viii)
shall be disqualified from eligibility for future Township of Lafayette
contracts for a period of four calendar years from the date of the
violation.
c. Any person who knowingly, purposely, or recklessly violates any provision
of this section, or who conspires with another person to violate any
provision of this section, or who, with the purpose of promoting or
facilitating a violation of this section, solicits another person
to commit it, or aids or agrees, or attempts to aid another person
in planning or committing it, shall be subject to punishment including
fines and/or imprisonment as fixed by law for violations of the ordinances
of the Township of Lafayette.
[Ord. No. 2011-13 § 8]
In addition to any rights that were heretofore available, or
which may hereafter be available, to citizens, taxpayers, or associations,
to challenge violations of this section, every person aggrieved by
a violation of the section, or any taxpayer or resident of the Township
of Lafayette has the right, consistent with the Rules of Court, to
file charges in a court of competent jurisdiction, and/or to pursue
a civil action for a violation of this section in a court of competent
jurisdiction, and to seek and obtain declaratory, injunctive, or other
legal or equitable relief, including but not limited to, attorneys'
fees and costs, arising from or related to a violation of this section.
[Ord. No. 2011-13 § 9]
If any provision of this section, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this section to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid shall not be affected thereby,
and to this extent the provisions of this section are severable.
[Ord. No. 2011-13 § 10]
The monetary thresholds of "Definitions" paragraph d and subsection
2-16.2c of this section shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey region, rounded to the nearest $10. The Clerk of the Township of Lafayette shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
[Ord. No. 2016-12 § 1]
There is hereby created an Economic Development Committee which
will be known as the "Economic Development Committee of the Township
of Lafayette". This Committee shall be advisory to the Township Committee
and shall consist of not less than five or more than nine members.
[Ord. No. 2016-12 § 2]
a. The term of office of Committee members shall be for three years;
and terms shall be arranged so that approximately 1/3 of the total
membership shall expire each year.
b. The Committee members shall be appointed by the Township Committee
and consist of one Township Committeeperson, one Land Use Board member,
two or more Township residents, and two or more Township business
owners.
c. The Economic Development Committee shall meet on a schedule devised
by its members, but not less than four times each year.
d. A quorum shall consist of a majority of the whole number of members.
[Ord. No. 2016-12 § 3]
The Committee shall organize annually by the election of one
of its members as Chairman. The Committee shall, also, elect a Vice
Chairman. The Committee shall, also, appoint a Secretary, which Secretary
need not be a member of the Committee.
[Ord. No. 2016-12 § 4]
The Economic Development Committee shall have and perform the
following duties:
a. The development of plans and programs to encourage the expansion
and strengthening of existing business and commercial enterprises
in Lafayette Township consistent with the best interests of the Township
as a whole.
b. The development of plans and programs which will attract new business
and commercial enterprises to the Township of Lafayette which are
in the best interests of the Township as a whole.
c. The investigation, analysis and submission of regular reports to
the Township Committee on any obstacles to the expansion of the industrial
and commercial tax base of Lafayette Township.
d. The making of recommendations to the Township Committee regarding
any ways or means by which the Township can assist in meeting the
needs of any development deemed appropriate.
e. The Economic Development Committee may designate one of its members
to be a liaison with the Sussex County Economic Development Advisory
Committee and the Office of Economic Development.
f. The Economic Development Committee may participate in appropriate
County and regional economic development activities.
g. The Economic Development Committee shall develop ways and means of
promoting and attracting Lafayette Township's economic development
assets for industry, resort/tourism, transportation, governmental
and other potential economic interests.
h. The Economic Development Committee shall not exercise any power of
condemnation and shall not be authorized to pledge the credit of the
Township of Lafayette or to create any debt against the Township or
in any manner act as the agent of the Township, except as specifically
authorized by resolution of the Township Committee.
i. The Economic Development Committee is authorized to expend such monies
as may be appropriated for its use in the annual Township budget to
carry out the purposes of the Committee as hereinabove set forth.
j. The Economic Development Committee shall make an annual report to
the Mayor and Township Committee setting forth, in detail, its operations
and transactions for the preceding 12 months. The Committee shall
keep complete and accurate records of its accounts, shall not exceed
its budget and monies received from the Township of Lafayette shall
be expended only for the purposes for which they have been appropriated.
[Ord. No. 2016-12 § 5]
Each member and officer of the Committee shall, before assuming
office, take and subscribe an oath that he/she will faithfully and
impartially discharge the duties of his/her office.
[Ord. No. 2016-12 § 6]
To effectuate its purposes, the Economic Development Committee
shall have the power to adopt suitable bylaws for the management of
its affairs and to determine the qualifications and duties of its
employees and to fix, subject to the budget for the Committee as adopted
by the Township Committee, the compensation to be paid to any of its
employees.
[Ord. No. 2018-09 § 1]
Length of Service Awards Program ("LOSAP") is hereby created
in accordance with N.J.S.A. 40A:14-183 et seq. and applicable regulations
as promulgated and implemented by the Local Finance Board in the Division
of Local Government Services in the Department of Community Affairs
and from time-to-time amended in order to reward members of participating
emergency services organizations designated by the Lafayette Township
Committee, including the Lafayette Township Fire Department and Lafayette
Township EMS for their loyal, diligent and devoted service to the
residents of the Township of Lafayette.
[Ord. No. 2018-09 § 2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth in this section. The contributions shall be made in accordance
with a plan that shall be established by the Township of Lafayette
and the plan shall be administered in accordance with the laws of
the State of New Jersey, the United States Internal Revenue Code and
this section.
[Ord. No. 2018-09 § 3]
a. The LOSAP shall provide for annual contributions to each eligible
member that meets the following criteria:
1. 100 points are required each calendar year for a member to be eligible
for an annual contribution.
2. Five years of service, beginning after the effective date of this
section, not necessarily consecutive, shall be required for vesting.
3. The maximum annual contribution shall be $1,150 per eligible member,
with a time-to-time annual increase in LOSAP contributions equivalent
to the annual increase in the Consumer Price Index pursuant to N.J.S.A.
40A:14-185(f).
4. Annual contribution per responder for earning 100 points: 100%.
Annual contribution per responder for earning 80 points: 80%.
Annual contribution per responder for earning 60 points: 60%.
5. The estimated cost of the program has been calculated at $63,250
per year.
[Ord. No. 2018-09 § 4; 2-21-2023 by Ord. No. 2023-04]
Each active volunteer member shall be credited with points for
volunteer services provided in accordance with the following schedules:
SCHEDULE A
LOSAP POINT SYSTEM
(LAFAYETTE TOWNSHIP FIRE DEPARTMENT)
|
---|
Collection of the Tax Deferred Income shall start at age 62.
A "year" is defined as a January to December calendar year.
|
A.
|
Training Courses: 50 points maximum
|
|
1.
|
One point for every hour of instruction. Each training session/course
will be a minimum of two hours.
|
B.
|
Drills: 24 points maximum
|
|
Two points per drill. Each drill will be a minimum of two hours.
Any person who does not have at least six points acquired for drills
will be deemed to have not met the minimum requirements regardless
of their point totals.
|
C.
|
Meetings:
|
|
1.
|
Two points per fire department meeting with a 24 point maximum.
|
|
2.
|
One point per meeting shall include any meeting at which the
member represents the fire department with a 30 point maximum.
|
D.
|
Fire Calls: 81 points maximum
|
|
Must be in physical attendance to receive credit. Report to
the firehouse/Incident Commander when the tones go off. Any person
who does not have at least 12 points acquired for alarms will be deemed
to have not met the minimum requirements regardless of their point
system. Three points per call.
|
E.
|
Elected/Appointed Positions: 15 points
|
|
1.
|
Positions which will qualify for points under this section are
Chief, Assistant Chief, Captain, Lieutenant and Relief Secretary.
|
|
2.
|
Upon completion of a one year term in an elected or appointed
position, the appropriate point value will be applied.
|
|
3.
|
An individual can only gain points for one position.
|
F.
|
Credit for Prior Years of Service: 25 points maximum
|
|
For prior years of service in good standing, members will receive
five points per year for a maximum point allowance.
|
G.
|
Miscellaneous Activities: 25 points maximum
|
|
One point for each activity. Each activity must be a minimum
of two hours. Participation in relief, fire prevention, fireworks,
parades, fund raising, extra duty and special events, as assigned
by the president or chief.
|
SCHEDULE B
LOSAP POINT SYSTEM
(LAFAYETTE TOWNSHIP EMS)
|
---|
Collection of the Tax Deferred Income shall start at age 62.
A "year" is defined as a January to December calendar year.
|
A.
|
Emergency Calls: 95 points maximum
|
|
Each call will be equal to two LOSAP points.
|
B.
|
Schools/Training: 25 points maximum
|
|
One point for each verified two hours of instruction/training.
|
C.
|
Drills: 12 points maximum
|
|
One point applied for each verified two hours of drill attended.
|
D.
|
Meetings: 18 points maximum
|
|
One point per monthly meeting, special meeting or any meeting
at which the member represents the EMS squad.
|
E.
|
Miscellaneous Activities: 12 points maximum
|
|
One point per function. Functions include, but not limited to,
funeral services, official ceremonies, parades, Lafayette Day, work
nights and other functions authorized by the EMS Captain.
|
F.
|
Stand-by or Sleep-in: 100 points maximum
|
|
One point for each 12 hour shift.
|
G.
|
Elected/Appointed Positions: 15 points maximum
|
|
Completion of a one year term in an elected or appointed position.
The points will be calculated as follows:
|
|
Capt. / CEO
|
15 points
|
|
1st & 2nd Lt. / CFO / Sgt.
|
10 points
|
|
Trustee
|
5 points
|
|
Training Officer
|
5 points
|
|
Secretary
|
5 points
|
|
Treasurer
|
5 points
|
|
Delegate
|
5 points
|
H.
|
Credit for Prior Years of Service: 25 points maximum
|
|
For prior years of service in good standing, members will receive
five points per year for a maximum point allowance.
|
Posting. The listing of service points shall be posted and available
for each member to view no later than three months. In this way, a
member will be able to monitor their earned points and the categories
in which they have been earned.
At the end of the calendar year, posted no later than January
31 of the following year, a list of those who have successfully met
the LOSAP criteria will be submitted to the Township Committee of
the Township of Lafayette.
[Ord. No. 2018-09 § 5]
At the end of each month a list will be posted showing the total
number of service points that a member has earned to date. Every three
months, an individual listing of service points in each category will
be distributed, on a confidential basis, to each member participating
in the program. In this way, a member will be able to monitor their
earned points and the categories in which they have been earned.
At the end of the calendar year, a list of those who have successfully
met the LOSAP criteria will be submitted to the Township Committee
of the Township of Lafayette.
[Ord. No. 2018-09 § 6]
This section shall not take effect unless it is approved by
the voters of the Township of Lafayette as a public question at the
next General Election to be held after publication and passage of
this Ordinance No. 2018-09 according to law.
[Added 3-2-2021 by Ord. No. 2021-03]
A refund of property taxes pursuant to N.J.S.A. 54:4-3.32 shall
be granted provided that the applicant submit a complete application
to the tax assessor as required by N.J.S.A. 54:4-3.30. The refund
of taxes may be granted retroactively only to the date that the complete
application was submitted to the tax assessor.