[1]
Editor's Note: See Appendix A following this Revision for the codification of the Board of Health Ordinances.
[1968 Code § 14-1]
There shall be established in the Borough a Board of Health, in accordance with the provisions of an act of the Legislature of New Jersey entitled, "An Act to Establish in This State Boards of Health and a Bureau of Vital Statistics and to Define Their Respective Powers and Duties," approved March 31, 1887, and the several supplements thereto.
[1968 Code § 14-2]
The Board of Health shall be known as the Board of Health of the Borough of New Milford and shall consist of seven members. All members of the Board of Health hereafter appointed shall be appointed by the Mayor with the advice and consent of the Council, and shall hold office for the term of three years. If any vacancy shall occur in the Board, it shall be filled in the same manner in which the original appointments were made but for the unexpired term only.
[1968 Code § 14-3]
The Board of Health shall adopt rules and regulations for its own government and shall elect a President from among its own members.
[1968 Code § 14-4]
The Board of Health shall appoint a Registrar of Vital Statistics, Clerk and Sanitary Inspector, and may also appoint such other officers or assistants as the Board of Health may deem necessary; all appointees of the Board of Health shall be governed by the rules of the Board, and they may be removed for cause by the Board; the Police or marshals of the Borough, when on Police duty, shall be special sanitary inspectors, and they shall promptly report to the Board of Health every violation of the Borough health ordinances which may come within their observation or knowledge.
[1968 Code § 14-5]
The Board of Health shall not contract any debt or debts of any kind beyond the amount of the appropriation made for its use by this Council.
[1]
Editor's Note: Prior ordinance history includes portions of 1968 Code §§ 23-1 — 23-3 and Ordinance Nos. 74:11 and 2003:13, Ord. No. 2010-12 and Ord. No. 2011:01.
[Ord. No. 2017:09]
The New Milford Recreation Commission is hereby dissolved. There shall be a Department of Recreation, the head of which shall be the Director. If no Director is appointed, the Borough Administrator will be considered the Acting Director of the Department.
[Ord. No. 2017:09]
a. 
The powers and duties of the Department are to:
1. 
Administer and operate the municipal parks, playgrounds and playfields and facilities for indoor and outdoor sports, athletics and recreational programs.
2. 
Administer recreational programs and activities in cooperation with other public and private agencies and organizations.
3. 
Maintain and repair the playfields, playgrounds and recreational areas.
4. 
Enforce Borough ordinances, rules, regulations and policies pertaining to the use of recreational facilities and programs.
5. 
The Department may establish, charge and collect a reasonable fee for use of the Borough's recreational facilities and programs or activities, when specifically authorized by the Council.
6. 
Provide advisory opinions to the Governing Body and Borough departments.
[Ord. No. 2017:09]
a. 
The powers and duties of the Director of Recreation:
1. 
The Director of Recreation shall organize, oversee, manage, direct and operate the daily functions and activities of the recreation program as recommended by the Recreation Advisory Committee and established by the Council and shall serve as the head of the Recreation Department.
2. 
The Director of Recreation shall be subject to the supervision of the Borough Administrator.
3. 
The Director of Recreation shall maintain an inventory of all property and equipment owned by the Borough and shall submit an annual report to the Recreation Advisory Committee and the Council.
4. 
The Director of Recreation with the approval of the Recreation Advisory Committee shall recommend to the Council the establishment and collection of fees and/or other admission or entry charges for registration, enrollment or admission to the recreation program, courses of instruction and activities of the Borough.
5. 
The Director of Recreation shall give regular budget reports to the Recreation Advisory Committee and the Council. The Director shall prepare and submit a proposed operating and capital budget annually to the Governing Body.
6. 
The Director shall investigate and report on any recreational grant opportunities from private, non-profit and/or public sources.
7. 
The Director of Recreation shall recommend to the Recreation Advisory Committee programs, activities, functions and improvements which will economically but effectively promote recreation for all age groups in the Borough.
8. 
The Director shall apply for and maintain membership in the New Jersey Recreation and Parks Association.
9. 
The Director of Recreation shall have authority to enforce Borough ordinances, rules, regulations and policies pertaining to the use of recreational areas and programs.
[Ord. No. 2017:09]
a. 
There is hereby created a Recreation Advisory Committee:
1. 
Within the Department of Recreation there shall be a Recreation Advisory Committee consisting of seven members who are appointed by the Mayor with the consent of the Governing Body. Of the initial appointments, three members shall have terms expiring in one year, three members shall have terms expiring in two years, and one member shall have a term expiring in three years. Thereafter, all appointments shall be for three-year terms commencing January 1st of the appointment year as hereinbefore specified. In addition, there shall be two alternate members appointed annually be the Borough Council to serve through December 31st of the year of their appointment. These alternates shall be designated as "Alternate 1" and "Alternate 2" at the time of their appointment. Any vacancy occurring otherwise than by expiration of term for either a regular member or an alternate member shall be filled by the Borough Council for the unexpired term only. Alternate members may participate in discussions of the proceedings before the Committee but may not vote except in the absence or disqualification of a regular member of the Committee. A vote may not be delayed in order that a regular member vote instead of an alternate member. In the event an alternate member is eligible to vote, Alternate 1 shall first vote and if necessary, Alternate 2 may vote second. Members shall serve without compensation.
2. 
Members of the Recreation Advisory Committee shall be residents of the Borough of New Milford and shall be reasonably representative of the community at large and of the various age groups and neighborhoods therein.
3. 
No member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest.
4. 
A member may, after public hearing if he or she requests one, be removed by the Governing Body for good cause.
[Ord. No. 2017:9]
a. 
Powers and Duties.
1. 
Survey and study the existing recreational facilities in the Borough in order to maintain and improve existing recreational use.
2. 
Make recommendations to the Director for programs, activities, functions and improvements which will economically but effectively promote the cause of recreation in the Borough.
3. 
Recommend annually to the Director of Recreation a recreation program reasonably designed to serve all age groups and areas of the Borough.
4. 
Formulate and recommend to the Director policies, codes of conduct, rules and regulations for the purpose of carrying out the objectives of the Borough's recreation program.
5. 
The Committee shall annually elect a chairperson and other such officers it deems necessary to carry out its powers and duties.
[1]
Editor's Note: Former Section 2-32, Shade Tree Commission previously codified herein and containing portions of 1968 Code §§ 26-1—26-4 is now contained in Chapter 26A.
[Ord. No. 87:9 § 1]
Pursuant to the provisions of N.J.S.A. 40:56A-1 as amended and supplemented, there is hereby established an Environmental Commission to be known as The Borough of New Milford Environmental and Energy Commission.
[Ord. No. 87:9 § 2; Ord. No. 2000:01; amended 2-13-2023 by Ord. No. 2023:06]
a. 
The Commission shall consist of seven members to be appointed by the Mayor with the advice and consent of the members of the Borough Council. One member shall also be a member of the Borough Planning Board and all members shall be residents of the Borough. The Mayor shall designate one of the members to serve as Chairperson and presiding officer of the Commission.
b. 
All appointments will be for terms expiring three years from the date of appointment.
c. 
The Mayor or Borough Council 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 in the same manner as an original appointment. Notwithstanding any other provisions of law to the contrary, the powers of appointment and removal hereby accorded to the Mayor of a municipality shall be vested in the elected official so designated or, where there is a vacancy in the office of Mayor, in the duly designated Acting Mayor.
d. 
There shall be two alternate members appointed by the Mayor with the advice and consent of the Council. The 1st Alternate for a term of two years and the 2nd Alternate for a term of one year.
e. 
Associate members.
1. 
The Mayor of the Borough shall have full power to appoint no more than three associate members to the Environmental Commission in accordance with the requirements set forth below.
2. 
Associate members need not be Borough residents.
3. 
The term of the associate members shall be for one year.
4. 
Any vacancy occurring other than by the expiration of term shall be filled by appointment by the Mayor for the unexpired term only.
5. 
The associate members shall serve without compensation.
6. 
While associate members may participate in discussions of the Commission, they may not under any circumstances vote, and their presence shall not count towards quorum requirements for the commission.
f. 
Members of the Commission shall serve without compensation.
[Ord. No. 87:9 § 3; Ord. No. 91:2 § 1]
The Commission shall have power to conduct research into the use and possible use of the open land areas of the Borough and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open area, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may recommend to the Planning Board, plans and programs for inclusion in the Master Plan and the development and use of such areas.
In addition thereto, the Commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources, energy conservation and protection of flora and fauna.
[Ord. No. 87:9 § 4]
The Environmental and Energy Commission shall keep records of its meetings and activities and shall make an annual report to the Mayor and Council.
[Ord. No. 91-7 § 1; Ord. No. 2004:01]
The Historic Preservation Commission shall include:
a. 
One Class A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; this person to be appointed by the Mayor for a term of four years.
b. 
Three Class B persons who are knowledgeable or exhibit a demonstrated interest in local history and who may reside outside the municipality; these persons will be appointed by the Mayor for a term of four years.
c. 
Five Class C persons who shall be citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment; these persons shall be appointed by the Mayor. All Class C members shall be appointed for a term of four years.
d. 
Two Class C alternate members with the same qualifications as above; these persons shall be appointed by the Mayor for a term of two years.
[Ord. No. 91:7 § 2]
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
[Ord. No. 91:7 § 3]
Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board or the Zoning Board of Adjustment shall be for the term of membership on the Planning Board or Zoning Board of Adjustment.
[Ord. No. 91:7 § 4]
The Historic Preservation Commission shall elect a Chairperson and Vice Chairperson from its members and select a Secretary, who may or may not be a member of the Historic Preservation Commission or a municipal employee.
[Ord. No. 91:7 § 5]
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 may not be delayed in order that a regular member may vote instead of an alternate member.
[Ord. No. 91:7, § 6]
No member or alternate member of the Historic Preservation Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
[Ord. No. 91:7 § 7]
A member or alternate member of the Historic Preservation Commission may, after public hearing if he or she requests it, be removed by the Borough Council for cause.
[Ord. No. 95:3; Ord. No. 2015:20]
There is hereby created, a group to serve within the Borough and be designated the Senior Citizens Advisory Board. They shall serve as the coordinating agency for the New Milford Senior Activity Center and shall advise and make recommendations to the Senior Citizens Department hereinafter established by this section.
[Ord. No. 95:3; Ord. No. 2015:20]
Senior Citizens Advisory Board will be composed of 14 voting members as follows:
a. 
12 at large Borough residents to be appointed by the Mayor and Council, who are eligible members of the Senior Activity Center.
b. 
One member shall be Council Liaison or designee to the Senior Citizens Advisory Board, appointed for one year by the Mayor and Council.
c. 
One member will be the Director of Senior Citizens Affairs, who is appointed by the Mayor and Council. He/she will serve for the length of her employment with the Borough of New Milford.
[Ord. No. 95:3; Ord. No. 2015:20]
All appointments to the Senior Citizens Advisory Board shall be made by the Mayor and Council.
[Ord. No. 95:3; Ord. No. 2015:20]
The terms of initial members of the Senior Citizens Advisory Board shall be as follows:
a. 
The terms of each resident appointed thereafter shall be for a period of two years. Terms end on December 31st of a calendar year. Six members' terms will expire in an odd year and six members' terms will expire in the even year.
[Ord. No. 95:3; Ord. No. 2015:20]
a. 
The Senior Citizens Advisory Board shall have written documents that define and establish procedures for the following:
1. 
Qualifications for membership on the Senior Citizens Advisory Board which are defined in this section.
2. 
Officers of the Advisory Board, their election and term of office.
3. 
Specifications of officers' duties.
4. 
Regular and special meetings.
5. 
Committees and Committee of the Whole i.e. the Senior Citizens Advisory Board.
6. 
Parliamentary procedures for conduct of meetings.
7. 
Quorums.
8. 
Recording of minutes.
9. 
Amending written documents.
b. 
All decisions will be made by a vote of at least eight members, constituting a quorum of the total number of committee members.
c. 
The Board shall have the following responsibilities, which it shall carry out directly or through delegation:
1. 
Hold regular meetings and make minutes available to interested individuals.
2. 
Formulate and regularly review Senior Activity Center mission, goals, and objectives.
3. 
Exercise its influence with other agencies and groups to ensure provision of adequate programs for older adults.
4. 
Plan and carry out public information activities.
Committees of the Senior Citizens Advisory Board shall have clearly defined responsibilities, designate members, meet regularly, and report to the "Committee of the Whole" i.e. The Senior Citizens Advisory Board.
[Ord. No. 95:3; Ord. No. 2015:20]
The Senior Citizens Advisory Board shall make recommendations to the Director who will administer and allocate such appropriations and reallocations as approved by the Mayor and Council.
[Ord. No. 95:3; Ord. No. 2015:20]
The Senior Citizens Advisory Board shall administer its day to day activities under the coordination of the Director of Senior Citizens Affairs, which position is hereby created by the Mayor and Council.
The Director shall be considered an employee of the Borough of New Milford and shall be a department head under the direction of the Borough Administrator and appointed by the Mayor and Council.
[Ord. No. 95:3; Ord. No. 2015:20]
The Senior Citizens Advisory Board may advise the Mayor and Council and report on subjects of interest to the Council including, but not limited to, Senior Citizen grants, programs, transportation, housing, the Senior Activity Center, recreation, entertainment, education, and the like.
[Ord. No. 95:3; Ord. No. 2015:20]
No paid Borough employee shall report, or be directly responsible to any person other than his/her department head or the Borough Administrator, as it relates to performance of their assigned duties.
[Ord. No. 95:3; Ord. No. 2015:20]
There is hereby created a Department for Senior Citizen Affairs which shall coordinate activities of the Senior Citizens in the Borough of New Milford. The mission of this Department shall be to promote the physical, emotional and economic well-being of seniors and encourage their participation in all aspects of community life. The Senior Citizens Advisory Board will act in an advisory capacity to this Department.
[Ord. No. 2012:11; Ord. No. 2013:02]
a. 
Creation and Establishment of Beautification Committee. There is hereby created and established the Borough of New Milford Beautification Committee. Membership shall be unlimited and all members shall be residents of the Borough of New Milford. All members shall be appointed by the Mayor with the advice and consent of the Council.
[Ord. No. 2012:11]
Terms of office of all members of the Committee shall be for one year, beginning with the appointment of all members at the reorganization meeting each January expiring on December 31st of each year. A vacancy on the Committee occurring otherwise than by expiration of the term shall be filled for the unexpired term in the same manner as an original appointment.
[Ord. No. 2012:11]
The Borough Council may remove any member of the Committee 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.
[Ord. No. 2012:11]
Members of the Committee shall serve without compensation.
[Ord. No. 2012:11]
a. 
It is the responsibility of the Committee to advise the Mayor and Council of any items pertaining to maintenance of public properties; to make recommendations to the Mayor and Council to enhance and preserve the aesthetics of the Borough's public properties; with the consent of the Mayor and Council, to organize and engage in seasonal plantings on public properties; and to otherwise promote and maintain the aesthetics of public properties within the Borough. The Committee shall also present an annual plan to the Mayor and Council with recommendations to enhance and preserve the aesthetics of public properties.
b. 
When requested by the New Milford Beautification Committee, the Mayor and Council shall consider, investigate and make findings of fact and make recommendations upon any special matter or question coming within the scope of the duties of the New Milford Beautification Committee.
c. 
The Mayor and Council shall have sole authority to implement the annual plan of the Beautification Committee. The Committee shall serve as advisor to the Mayor and Council with reference to the planned implementation.
[Ord. No. 2012:11]
The Committee shall choose from its members a Chairperson, Vice Chairperson and Secretary at the annual reorganization meeting of the Committee.
[Ord. No. 2012:11]
By February 1 of the year next, the Committee shall make an annual report to the Mayor and Council including all activities of the Committee in the preceding year.