Township of Wantage, NJ Chapter 2 Administration

The form of government in the Township of Wantage is the Township Form which comprises Chapters 142 to 156A in Title 40 of the New Jersey Revised Statutes. The Administrative Code has been drafted in conformity with the township law 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., Fire Department; R.S. 2A: 8-1, et seq., Municipal Court; R.S. 40: 55-36, Zoning Board of Adjustment; R.S. 40: 55-1.4, Planning Board; R.S. 44: 8-115, et seq., Board of Assistance; R.S. 26: 3-1, et seq., Board of Health; R.S. 40: 14A-1, et seq., Sewage Authority; R.S. 40: 56A-1 et seq., Conservation Commission; R.S. 40: 12-1, et seq., Recreation Commission. Other authority to regulate the internal affairs of the township is contained in R.S. 40: 48-2.

§ 2-1 TOWNSHIP COMMITTEE.

[New; Ord. #2006-03, § 1]

§ 2-1.1 Legislative Power.

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.

§ 2-1.2 Organization of Township Committee.

The township committee shall organize annually during the first week in January, at which time it shall elect a mayor from among its 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.

§ 2-1.3 Powers of the Mayor.

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.

§ 2-1.4 Meetings of the Township Committee.

a. The township committee shall meet annually within the first week of January. The committee shall meet regularly thereafter on days and times established in the annual meeting resolution, 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 some other day of the week at the convenience of the committee.

b. Special Meetings. A special meeting may be called at any time upon written request of a majority of the members of the township committee 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 hereinafter provided at least 24 hours prior to the time for which the meeting is called, provided that the mayor may determine that an emergency exists affecting the health or safety of the people, which requires consideration by the township committee within a shorter time, and upon such determination which the mayor shall set forth in the call, the call may be filed with the clerk at any time prior to the time set for the meetings. Upon the filing of any call for a special meeting, the clerk shall forthwith give notice thereof by telephone or telegraph to each committee member, at such place as he shall have previously designated for that purpose, and shall also serve or cause to be served a written copy of the call upon each committee member, by delivery of a copy to him personally or by the leaving of a copy at his usual place of abode. Upon waiver of notice by all members of the township committee, a special meeting may be held without prior notice notwithstanding the above provisions of this section.

§ 2-1.5 Meetings; Rules of Township Committee.

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.

§ 2-1.6 Township Committee Conference.

The committee may meet at any time in executive session for the consideration of any township business or to meet with any officer or employee of the township or any other person on township business. No persons other than those specifically invited by the committee shall be authorized to participate in any such executive session.

§ 2-1.7 Quorum.

A majority of the whole number of members of the township committee shall constitute a quorum, and no ordinance shall be adopted by the township committee without the affirmative vote of a majority of the quorum of the committee. 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.

§ 2-1.8 Roll Call; Votes; Minutes.

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

§ 2-1.9 Ordinances.

All ordinances shall be introduced, read, heard and enacted in the manner provided by general law. Council shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled or codified.

§ 2-1.10 Ordinance Book.

The ordinance book shall be signed by the mayor and clerk.

§ 2-1.11 Election of Vice-Chairman.

Pursuant to R.S. 40:146-13.1 the committee shall have the power and authority to elect, from among its members, a vice-chairman of the committee. In the absence or disability of the chairman the vice-chairman shall have all the powers and duties of the chairman and shall serve and be known as the acting township mayor.

§ 2-2 JOINT MUNICIPAL COURT. [1]

[Ord. #2011-02; amended 1-25-2018 by Ord. No. 2018-01; 2-8-2018 by Ord. No. 2018-02]

[1]

§ 2-2.1 Established.

Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the Joint Municipal Court of the Township of Wantage, the Borough of Sussex, the Township of Stillwater and the Borough of Branchville is hereby established.

§ 2-2.2 Seal.

The Municipal Court shall have an official seal which shall bear the impress of the name of the court.

§ 2-2.3 Municipal Judge, Appointment and Jurisdiction.

a. The part-time judge of the Municipal Court who shall be an attorney-at-law of New Jersey and shall have the qualifications required by law and shall serve for a term of three years from the date of his/her appointment and until his/her successor has been appointed and has qualified shall be appointed in accordance with the Statutes and Court Rules of the State of New Jersey.

b. The compensation of the judge shall be such annual salary as is now or hereinafter may be provided by ordinance, which salary shall be in lieu of any and all other fees.

§ 2-2.4 Jurisdiction.

The territorial jurisdiction of the Municipal Court shall be coextensive with the territory of the Township of Wantage, the Borough of Sussex, the Township of Stillwater, and the Borough of Branchville.

§ 2-2.5 Municipal Court Administrator.

There shall be a Municipal Court Administrator who shall be appointed by the Township Committee of the Township of Wantage and who shall serve for a term of one year from the date of his/her appointment and until a successor has been appointed and is qualified.

§ 2-2.6 Support Staff.

The Township Committee of the Township of Wantage shall appoint support staff of the Municipal Court who shall perform the functions assigned by the municipal judge and by the Municipal Court Administrator.

§ 2-2.7 Municipal Prosecutor.

There shall be a municipal prosecutor appointed by the Township Committee of the Township of Wantage. The municipal prosecutor shall have the jurisdiction, powers and duties prescribed by N.J.S.A. 2B:25-1 et seq.

§ 2-2.8 Representation by Municipal Public Defender.

Any person applying to the Municipal Court of the Township of Wantage, the Borough of Sussex, the Township of Stillwater, and the Borough of Branchville for representation by a municipal public defender shall, in accordance with the provisions of P.L. 1997, c. 256, pay an application fee of not more than $200, but only in an amount determined by the Municipal Court judge, necessary to pay the costs of municipal public defender services. The Municipal Court may waive said application fee in whole or in part if the court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation. Said determination shall be made in accordance with the applicable provisions under law.

§ 2-3 (RESERVED) [1]

[1] (See Chapter 15, Land Use Procedures, section 15-1 for the Establishment of the Land Use Board.)

§ 2-4 (RESERVED)

§ 2-5 BOARD OF HEALTH.

[Ord. 5/31/66]

§ 2-5.1 Established.

There shall be a board of health consisting of five members, who shall be residents of the township, which members shall be appointed to office by the township committee.

§ 2-5.2 Terms.

The terms of office of the board of health to be appointed under this section shall be for five years.

§ 2-5.3 Powers.

The board of health shall have all the powers conferred upon local boards of health by the statutes of the State of New Jersey and by local ordinance and shall have the power to employ and appoint to office such inspectors, sanitarians and other personnel as may be required in the administration of its duties and in the enforcement of State and local health laws and ordinances. Such appointees shall be professionally qualified to perform the duties of their said offices.

§ 2-6 ENVIRONMENTAL COMMISSION.

[Ord. #72-9]

§ 2-6.1 Established; Title.

There is hereby established an environmental commission in the township for the protection, development or use of natural resources, including water resources, located within its territorial limits, which commission shall be known as the "Wantage Township Environmental Commission."

§ 2-6.2 Membership.

The commission shall consist of seven members to be appointed by the chairman of the township committee, one of whom shall also be a member of the township planning board and all of whom shall be residents of the township.

§ 2-6.3 Salary.

The members of the commission shall serve without compensation except that they shall be entitled to be reimbursed for expenses incurred in the performance of their duties.

§ 2-6.4 Expenses.

The township committee shall appropriate funds for expenses incurred by the members of the environmental commission.

§ 2-6.5 Chairman of the Commission.

The chairman of the township committee shall designate one of the members to serve as chairman and presiding officer of the commission.

§ 2-6.6 Authority.

The terms of office of the members of the commission and the powers of the commission and the keeping of records and making of reports shall be in accordance with the provisions of R.S. 40: 56A-1 et seq.

§ 2-7 RECREATION AND PARKS ADVISORY COMMITTEE.

[Ord. #74-12; Ord. #90-10; Ord. #2006-06; amended 6-22-2017 by Ord. No. 2017-09]

§ 2-7.1 Membership; term of office.

a. There shall be a Recreation and Parks Advisory Committee consisting of five members and up to two alternates appointed by the Township Committee.

b. The initial terms of the members shall be as follows: two members for a term of three years each, two members for a term of two years each, and one member for a term of one year. The terms of the successors to the members shall be for three years each. The initial terms for the alternate members shall be as follows: one member for a term of two years, and one member for a term of one year. The terms of the successors to the members shall be for two years each.

c. After the initial appointments, all future membership appointments shall be made at the annual reorganization meeting.

§ 2-7.2 Powers and Duties.

The Recreation and Parks Advisory Committee shall:

a. Conduct studies of the present and future recreation needs of the Township, and develop immediate and long-range plans for recommendation to the Township Committee.

b. Develop and recommend to the Township Committee a year-round program of recreational activities for all Township residents to be administered by the Township.

c. Review, plan for and advise the Township Committee regarding the development and redevelopment of open space, park land, Lake Neepaulin and bikeways which are owned, to be owned, or otherwise available for use by the Township and maintain, use and control open space, park land, Lake Neepaulin and bikeways owned or otherwise available for use by the Township.

d. Coordinate its activities, and cooperate with other Committees and trusted with responsibilities relating to the environment, open space and recreation.

e. Prepare and submit quarterly to the Township Committee a summary report of activities undertaken by the Committee for the previous quarter.

§ 2-7.3 Appointment of Personnel.

The Recreation and Parks Advisory Committee shall be permitted to recommend, for the appointment of personnel as may be required to supervise an implement the various recreational programs. The Governing Body shall have the authority to make appointments as deemed necessary and appropriate. Such appointees shall be under the supervision of the Administrator.

§ 2-8 FIRE DEPARTMENT.

[Ord. #86-20; Ord. #2011-09; Ord. #2010-18]

§ 2-8.1 Establishment.

The Wantage Township Volunteer Fire Department is hereby created and established with jurisdictional boundaries coextensive with the boundaries of the township.

§ 2-8.2 Recognition.

The Wantage Township Volunteer Fire Department shall be composed of two companies to be known as Beemerville (Company No. 1) and Colesville (Company No. 2), and such additional companies as the Wantage Township Committee may authorize and approve. Members of the companies shall also be members of the department.

§ 2-8.3 Qualifications.

No person hereafter becomes a member of the Wantage Township Volunteer Fire Department or any unit thereof unless he is:

a. A citizen of the United States at least 18 years of age.

b. 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 purpose;

c. A resident of the Township of Wantage or a resident of a municipality adjacent to the township for a period of at least six months (unless the applicant is already a fireman in good standing in another department, in which case the six month requirement shall be waived).

§ 2-8.4 Required Duty: Record.

Every member of the fire department shall in each and every year perform at least 60% 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 by the chief of the fire department and reported to the township committee annually.

§ 2-8.5 Exempt Certificates.

Every member of the fire department shall be entitled to an exempt fireman's certificate when it appears that at the time of his appointment he met the requirements of N.J.S.A. 40A: 14-56 and that he performed during a period of seven years 60% of fire duty in each year respectively.

§ 2-8.6 Application for Membership.

Every person seeking to join the fire department shall make application to the fire company which he desires to join and upon his election to membership in accordance with the bylaws of the company he shall become a member in good standing of the fire department. The election of members of a fire company shall be immediately reported to the township clerk who shall keep an accurate and up-to-date record of all members of the department together with information as to the fire company to which such a member belongs. The members of the department shall be deemed to be exercising a governmental function, and the adoption of this section, which has been at the request of Company No. 1 and Company No. 2, shall be deemed to constitute a contract as required by N.J.S.A. 40A: 14-68.

§ 2-8.7 Officers.

There shall be a chief, a 1st deputy chief, and a 2nd deputy chief. Neither the chief nor the 2nd deputy chief shall be from the same company as the 1st deputy chief. The term of office for the chief, the 1st deputy chief and the 2nd deputy chief shall be two years each. Upon the first organization meeting of each fire company following the adoption of this ordinance, the 1st deputy chief and the 2nd deputy chief shall be elected from the membership of their respective fire companies for a period of two years. The position of fire chief shall be voted upon by the department membership at the annual meeting once every two years. Deputy chief #1 and deputy chief #2 shall be elected by their respective companies to serve a two-year term.

Each company shall also elect any other officers as provided for in the bylaws of the company. All officers elected by the department or by any company shall upon approval of the township committee be sworn in at the annual reorganization meeting of the township committee.

§ 2-8.8 Duties of Chief.

The chief of the fire department shall be in command of the department and all fires and fire related incidents within the Township of Wantage. The chief shall be responsible for all decisions involving the use of fire apparatus within or without the township. He shall be responsible for the actions and direction of the department when officially summoned for duty and for other matters pertaining to the overall efficiency of fire fighting within the township. The chief shall render monthly and an annual report to the township committee and to each company covering such firematic activities as fires, drills, etc. but may delegate a subordinate to keep such records.

§ 2-8.9 Duty of Deputy Chiefs.

In the absence of the chief, the 1st deputy chief of the department shall assume all responsibilities of the chief. In the absence of the chief and the 1st deputy chief, the 2nd deputy chief of the department shall assume all responsibilities of the chief.

§ 2-8.10 Firematic Committee.

The firematic committee for the department shall consist of the chief, 1st deputy chief, 2nd deputy chief, and such other officers as may be designated in the by-laws of the department.

§ 2-9 CIVIL SERVICE.

[Ord. #67-2; Ord. #81-12; Ord. #83-01; Ord. #96-14; Ord. #01-05; Ord. #01-15]

§ 2-9.1 Findings.

At the election held on November 8, 1966, there was submitted to the voters of the township, the question of whether or not the said jurisdiction should adopt the provisions of the Civil Service Act of the State of New Jersey and the adoption was duly approved and authorized by a majority of the voters of the jurisdiction at the election.

Immediately thereafter the New Jersey Civil Service Commission made a survey of all positions in the jurisdiction covering the duties and salaries of the positions of the jurisdiction.

Following such a survey the New Jersey Civil Service Commission submitted to the township committee of the jurisdiction three separate and distinct schedules.

§ 2-9.2 Schedules.

[Amended 2-9-2023 by Ord. No. 2023-02]

a. Schedule 1. A list of employees in the jurisdiction is on file with the dates of original and present appointments, salaries, titles and divisional classification. The following titles are hereby listed:

FULL-TIME

Animal control officer

Assistant supervisor roads

Cashier

Clerk-typist

Code enforcement/zoning officer

Deputy municipal court administrator

Equipment Operator/Truck Driver

Heavy equipment operator

Laborer

Mechanic

Municipal court administrator

Road repairer

Senior road repairer

Senior assessing clerk

Senior clerk typist

Supervisor, roads

Tax Clerk

PART-TIME

Assistant secretary board/commission

Construction official

Electrical subcode official

Fire protection subcode official

Fire official

Pound keeper

Registrar of vital statistics

Secretary board/commission

Temporary laborer

Temporary clerk-typist

b. Schedule 2. Class specifications in alphabetical order including definitions, examples of work, educational and experience requirements, and knowledge and abilities.

c. Schedule 3.

1. An alphabetical list of title of full-time positions in the classified service with proposed salary ranges and divisional classifications.

2. A schematic list of titles of full-time positions in the classified service with proposed salary ranges.

3. A descending list of titles by proposed salary ranges divided into salary increments of full-time positions in the classified service.

4. An alphabetical list of titles of part-time positions in the classified service with divisional classifications.

5. An alphabetical list of titles in the unclassified service with the statutory or other provisions placing the position in the unclassified service.

§ 2-9.3 Purpose.

The township committee of the jurisdiction is desirous of cooperating with the New Jersey Civil Service Commission. The township committee of the jurisdiction is aware of the necessity of establishing a business like personnel policy for the jurisdiction. The township committee of the jurisdiction is also aware of the lack of legal sufficiency for some positions in the jurisdiction and the township committee of the jurisdiction feels that the legal creation of positions held by employees of the jurisdiction will provide the security necessary for proper working relations between the township committee and the employees of the jurisdiction, resulting in a more efficient administration of the jurisdiction's affairs and the providing of better services for the community at large. The township committee of the jurisdiction, in accordance with the request of the New Jersey Civil Service Commission, is also desirous of providing an adequate salary plan for classes of positions in the jurisdiction.

§ 2-9.4 Classes of Positions Created.

That the following classes of positions, duties of which are set forth as part of this section be reference to the three separate and distinct schedules prepared by the New Jersey Civil Service Commission are hereby created.

§ 2-9.5 Salary Range.

The salary ranges setting forth annual increments specified in the attached schedules are hereby adopted as and for each and every class of position mentioned in the schedules, and that the increment payments contained therein are contingent on the availability of funds.

§ 2-9.6 New Employees.

The township committee does reserve the right to pay a salary to any new employee at any figure given in the schedules affecting said new employees, and not necessarily the first figure of the schedules.

§ 2-9.7 Current Salary Status.

The adoption of this section shall not operate so as to decrease the present pay of any officer or employee, anything in the schedules to the contrary notwithstanding.

§ 2-9.8 Increments.

The adoption of this section shall operate to provide increments only to those employees who have satisfactorily performed the duties of their positions.

§ 2-9.9 Residency Requirements.

All officers and employees employed by the Township of Wantage shall be bona fide residents of the township within the meaning of N.J.S.A. 40A: 9-1.3, and only such residents shall be eligible for positions and employments in the classified service of the township, excepting that those persons who shall be appointed as municipal engineer, municipal attorney, municipal auditor, and other persons who are required to hold certification or licensure under the laws of New Jersey in order to hold a position of appointment shall not be required to be residents of the township.

§ 2-9.10 Nonresident Requirement.

All nonresidents subsequently appointed to positions or employments shall become bona fide residents of Wantage Township within one year of their appointment, except as otherwise provided by subsection 2-9.11 and subsection 2-9.12 of this section.

§ 2-9.11 Exception.

Whenever the governing body or other hiring authority of the township shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the township and which are not likely to be found among the residents of the township, such positions or employments shall be filled without reference to residency. The criteria to which such positions or employments shall be determined shall be the professional qualifications or other training in the field of knowledge applicable to the position or employments and the personal experience of the applicant.

§ 2-9.12 Non-Availability of Qualified Residents.

Whenever the governing body or appointing authority shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the governing body or appointing authority shall advertise for other qualified applicants. The governing body or hiring authority thereof shall thereupon classify all qualified applicants for such positions or employments so determined in accordance with the provisions of N.J.S.A. 40A: 9-1.6 as the same relates to municipalities.

§ 2-10 RETIREMENT FOR TOWNSHIP EMPLOYEES.

[Ord. #70-7]

§ 2-10.1 through § 2-10.5. (Reserved)

§ 2-10.6 Ineligibility for Township Pension.

Any employee retiring in accordance with the terms of this section who shall not be entitled to a township pension shall be paid for all accumulated vacation.

§ 2-10.7 State Authority Established.

This section shall not supersede any statute or regulation adopted thereunder relating to the retirement of any municipal employee.

§ 2-10.8 Retiree Health Benefits.

[Added 10-26-2023 by Ord. No. 2023-10]

a. The Township of Wantage hereby authorizes payment of the entire cost of post-retirement medical benefits coverage for its employees who have reached 62 years of age and have retired after 30 consecutive years of service credit with the Township. The coverage shall extend to both the employee and his or her spouse until they each reach the age of 65 years old.

b. In accordance with Chapter 78, P.L. 2011, (effective June 28, 2011) all Township employees receiving health benefits shall pay a contribution towards the cost of health benefits.

c. Upon reaching the age of 65, the Township will reimburse Medicare costs for eligible employees up to $250 per month with valid proof of payment for 15 years.

d. Employees eligible for benefits conferred by this subsection shall not be eligible for any other retiree health benefits including those set forth in Resolution § A-3 adopted November 30, 2006.

e. The Township Administrator, and such other officials, employees, agents of the Township of Wantage are hereby authorized and directed to prepare and execute all necessary documents and perform all necessary acts to implement this subsection.

f. The Township Administrator, and such other officials, employees, agents of the Township of Wantage are hereby authorized and directed to prepare and execute all necessary documents and perform all necessary acts to implement this subsection.

§ 2-11 TOWNSHIP ADMINISTRATOR.

[Ord. 3/11/75; Ord. #94-15; Ord. #97-03]

§ 2-11.1 Created.

The office of township administrator is hereby created in and for the Township of Wantage pursuant to the provisions of R.S. 40A:9-136, et seq.

§ 2-11.2 Compensation.

The administrator shall receive such compensation as set forth in the Wantage Township salary ordinance, and as the same may be amended from time to time.

§ 2-11.3 Responsibilities and Duties.

The township administrator shall act as the chief administrative officer of the township and as such, shall be responsible for administering the ordinances and policies adopted by the township committee by performing the following duties, under the supervision and control of the mayor and township committee:

a. Review existing municipal policies and procedures and revise and/or establish new procedures where necessary in order to make the township government more efficient and effective in terms of serving the residents.

b. Act as liaison between the township committee and all boards, committees and commissions, and between the committee members.

c. Coordinate the operation of all departments, offices, and agencies of the township, in accordance with township committee policies and direction; periodically report to the township committee regarding the operation of all departments, offices and agencies of the township.

d. Establish and administer sound personnel policies, procedures and practices consistent with all laws, statutes, regulations and municipal ordinances regarding the organization, supervision and evaluation of all township personnel. Investigate at any time the affairs of any officer or department of the municipality as necessary. The township administrator shall have the authority to hire, evaluate, transfer, promote, demote, and discharge all employees with the prior approval of the township committee.

e. Prepare and present a preliminary budget along with all supporting data to the township committee in a timely fashion, as well as preparing a temporary budget as necessary.

f. Develop, implement and monitor procedures and practices in furtherance of the sound fiscal operation of the township.

g. Participate in the negotiation of collective bargaining contracts in conjunction with, or at the direction of, the township committee.

h. Recommend to the township committee, for adoption, such resolutions, ordinances or policies as he may deem necessary in the best interest of the township. Keep the committee advised of the financial conditions of the municipality, and make reports to the committee as requested by it.

i. Act as the agent for the township committee in implementing township policies and practices and in conducting the general affairs of the township, including but not limited to, municipal purchases, the negotiation, administration and enforcement of contracts, leases and franchises, subject to approval of the township committee.

j. Implement and enforce the policy of the township committee with respect to releasing public information. Establish policies and procedures for addressing public complaints concerning municipal services and personnel. The policies and procedures shall be made available to the public upon request.

k. Establish a long-term plan in conjunction with the township committee to meet the changing governmental needs of township citizens.

l. Attend all meetings of the township committee.

m. Make recommendations concerning the nature and location of township improvements as determined by the township committee. Keep the township committee informed of any projects, including but not limited to those, receiving state or federal aid. Advise the committee of any other aid programs for which the township may qualify.

n. Perform all other duties as may be specifically assigned by the township committee or as required by law.

Nothing in this section shall authorize the township administrator to exercise the powers of the township committee, other than as set forth herein.

§ 2-11.4 Appointment.

The township administrator shall be appointed as set forth in N.J.S.A. 40A:9-137.

§ 2-11.5 Other Officials and Board Unaffected.

Nothing herein contained shall derogate from the powers and duties of the elective, appointive or other officials of the township or of the boards and commissions thereof established pursuant to law, nor shall the rights and tenure of any elected official be affected.

§ 2-11.6 Term of Office.

The term of office of the township administrator shall be at the pleasure of the township committee as set forth in N.J.S.A. 40A:9-137 and 40A:9-138.

§ 2-11.7 Bond.

In the event the township administrator is appointed temporarily or permanently to a position in the township requiring a bond, the township administrator shall furnish a surety bond to be approved by the governing body, said bond to be conditioned upon the faithful performance of duties. The premium of said bond shall be paid by the township.

§ 2-11.8 Temporary Appointment During Absence or Disability.

During any approved absence or disability of the township administrator, the township committee may, by resolution, appoint another individual or any employee or officer of the township to temporarily perform the duties and responsibilities of the township administrator. After three months of such absence or disability, the position may be deemed vacant upon adoption of a resolution of the township committee. Compensation, if any, for duties performed for an appointment under this section will be determined by the township committee.

§ 2-11.9 Political Activity.

The township administrator shall not engage in any political activity, nor in any way hinder the fair and effective operation of the public, nor destroy public confidence in the municipal government, nor make any financial or other contribution to any local political campaign.

§ 2-11.10 Short Title.

This section shall be known and may be cited as "The Township Administrator Ordinance."

§ 2-11.11 Severability Claims.

If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any 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 thereafter.

§ 2-11.12 Repeal of Inconsistencies.

All ordinances or parts of ordinances or resolution inconsistent with the provisions of this section are hereby repealed to the extent of their inconsistencies.

§ 2-12 CODE ENFORCEMENT OFFICER/ZONING OFFICER.

[Ord. 5/13/75; Ord. #93-08]

§ 2-12.1 Established.

The office of code enforcement officer/zoning officer for the township is hereby created.

§ 2-12.2 Appointment.

The code enforcement officer/zoning officer shall be appointed by the township committee and shall hold office from the date of appointment until December 31 following such appointment, and may be removed for cause by the township committee upon written charges and after public hearing.

§ 2-12.3 Duties.

The duties of the code enforcement officer/zoning officer shall be to enforce all ordinances regulating matters affecting the health, welfare and safety of the inhabitants of the township excepting such ordinances as shall have designated certain officers as the enforcing officers thereof, and in particular to enforce the provisions of the ordinances relating to the following:

Litter

Unlicensed Motor Vehicles

Dance Halls and Discotheques

Outdoor Shows

Junk Yards and Junk Dealers

Solicitors and Canvassers

Building and Housing

Additional duties of the code enforcement officer/zoning officer are set forth in subsection 13-25.1 et seq. of the Zoning Ordinance and are incorporated herein by reference. The code enforcement officer/zoning officer shall also have the following duties:

a. To issue zoning permits in accordance with subsection 13-25.4.

b. To issue nonconforming use permits in accordance with the provisions of N.J.S.A. 40:55D-68.

c. To administer and enforce the provisions of chapter XIII. the Zoning Ordinance, chapter XVI, the Site Plan Ordinance and chapter XII, the Land Subdivision Ordinance.

§ 2-12.4 Complaints Investigated; Notice to Correct.

The code enforcement officer/zoning officer shall investigate all complaints for violations and all other violations which shall come to his attention and shall give the person complained of or the owner of the premises whereon the violation appears to have occurred reasonable notice to correct or eliminate such violation. If such violation shall not be corrected or eliminated within the time it shall be the duty of such officer to make a complaint against such person or property owner for such violation for hearing before the municipal court of Wantage Township.

§ 2-12.5 Compensation.

The code enforcement officer/zoning officer shall receive compensation for services rendered and expenses incurred in accordance with regulations established by the township committee.

§ 2-12.6 Appointment; Civil Service Qualifications.

The code enforcement officer/zoning officer shall be appointed by the township committee in conformity with Civil Service regulations and may be removed for cause by the township committee in accordance with Civil Service procedures. The officer shall meet all of the qualifications for said position as established by the New Jersey Department of Personnel. Division of County and Municipal Government Services in force at the time of appointment.

§ 2-13 PUBLIC DOCUMENT POLICY. [1]

[Ord. #99-04; Ord. #00-06]

[1] Editor's Note: Prior ordinance history includes Ordinance Nos. 2/10/76 and 86-01.

§ 2-13.1 Inspection of Public Records.

a. The public records of the township shall be opened for inspection by members of the public as provided for by N.J.S.A. 47:1A-1. et seq. Inspection shall be made only at reasonable times during business hours and without interference with the conduct of the affairs of the office or other place where the records are kept or maintained.

b. In the event the public documents the party seeks to photocopy are in excess of 25 pages, or if the documents are not readily available, or if the copying of the records at the time the party requests copies unreasonably interferes with the other duties of the custodian of records, the custodian of records shall take the written request for documents and provide the requested copies within five business days of receipt of their request or advise within that time frame of such time period as is reasonably necessary to locate and copy the requested documents. All requests for public records shall be made on the forms approved by the township committee.

§ 2-13.2 Copying.

Public records required by law to be kept shall be made available to the public and they shall have the ability during regular business hours and under the supervision of a representative of the custodian of records to copy such records by hand. The public shall also have the right to purchases of the records in accordance with the fee schedule provided for in section 21-3.

In the event the documents are to be provided in accordance with subsection 2-13.1.b., the requesting party shall pay a deposit in the amount of the anticipated retrieval and copying costs, plus the cost of postage, if applicable. If a balance exists after the work is completed, the requesting party shall pay the balance prior to receiving the documents from the township.

§ 2-13.3 Questions Concerning Public Documents.

In the event the custodian of records is uncertain whether a specific document requested is a public document, the custodian shall notify the township attorney who shall give an opinion as to whether or not such document constitutes a public document.

§ 2-13.4 Statutory and Common Law Rights.

Nothing in this section shall be construed to enlarge upon the statutory or common law rights of citizens to inspect public records, nor is this section intended to abridge or otherwise limit the public's right of access. This section shall be construed in order to promote the public purpose set forth in N.J.S.A. 47:1A-1, at the same time protecting public records from loss, damage and disruption and provide for the efficient functioning of the municipal offices without unduly burdening such officers.

§ 2-14 MUNICIPAL OFFICERS.

[Ord. 1/11/77]

§ 2-14.1 Municipal Attorney Established.

The township committee shall appoint a municipal attorney who shall be licensed to practice law in the State of New Jersey. The term of such office shall be one year.

§ 2-14.2 Municipal Engineer Established.

The township committee shall appoint a municipal engineer who shall hold the license of a professional engineer issued by the State of New Jersey. The term of such office shall be three years. His compensation shall be on a fixed fee basis.

§ 2-15 DEPUTY TAX ASSESSOR.

[Ord. #86-16]

§ 2-15.1 Established.

Pursuant to the authority of N.J.S.A. 40A:9-146 there is hereby created the position of deputy tax assessor in and for the Township of Wantage.

§ 2-15.2 Qualifications and Authority.

Said deputy tax assessor shall hold a tax assessor's certificate and shall act under the direct supervision of and assist the tax assessor. During the incapacity of or absence from the municipality of the tax assessor, the deputy tax assessor shall have and perform all of the powers, functions and duties of the tax assessor.

§ 2-15.3 Appointment and Term.

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

§ 2-16 DEPUTY MUNICIPAL CLERK.

[Ord. #85-01]

§ 2-16.1 Established.

There is hereby created the office of deputy municipal clerk of the Township of Wantage pursuant to the provisions of Title 40A, Chapter 9, Section 135 of the New Jersey Revised Statutes (N.J.S.A. 40A: 9-135).

§ 2-16.2 Appointment and Term.

The township committee shall appoint a person to said office, the term of which shall be for the period of year to commence on January 1 of the year of appointment. Any vacancy in said office shall be filled by appointment for the balance of the term.

§ 2-16.3 Compensation.

The compensation of the deputy municipal clerk shall be determined by the governing body, provision for which shall be made in the ordinance of the Township of Wantage relating to the salaries of municipal officers and employees.

§ 2-16.4 Powers and Duties.

The powers, duties and functions of said office shall be the same as those of the municipal clerk, and shall be performed only during the absence or disability of the municipal clerk.

§ 2-17 ECONOMIC DEVELOPMENT COMMISSION.

[Ord. #87-08]

§ 2-17.1 Created.

There is hereby created an economic development commission which will be known as the "Economic Development Commission of the Township of Wantage." Said commission shall be advisory to the township committee and township clerk-administrator and shall consist of not less than five nor more than nine members.

§ 2-17.2 Appointment of Members; Terms; Meetings.

a. The commissioners shall be appointed within 90 days after adoption of this section. The term of office shall be for three years; but the initial appointments to said commission shall be for one, two and three year terms so arranged that approximately one-third of the total membership shall expire each year.

b. The commissioners shall be appointed by the mayor with the advice and consent of the governing body.

c. The commission 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.

§ 2-17.3 Officers.

The commission shall organize within 30 days after the appointment of its membership for the remainder of the then calendar year and thereafter shall organize annually by the election of one of its members as chairman. The commission shall also appoint a secretary, which secretary need not be a member of the commission.

§ 2-17.4 Powers and Duties.

The commission 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 Wantage 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 Wantage 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 and to the clerk-administrator on any obstacles to the expansion of the industrial and commercial tax base of Wantage Township.

d. The making of recommendations to the township committee and to the clerk-administrator regarding any ways or means by which the township can assist in meeting the needs of any developments deemed appropriate.

e. The economic development commission may designate one of its members to be a liaison with the Sussex County Economic Development Commission and the Office of Economic Development.

f. The economic development commission may participate in appropriate County and Regional Economic Development activities.

g. The commission shall develop ways and means of promoting and attracting Wantage Township's economic development assets for industry, resort-tourism, transportation, governmental and other potential economic interests.

h. The commission shall not exercise any power of condemnation and shall not be authorized to pledge the credit of the Township of Wantage 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 commission 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 commission as hereinabove set forth.

j. The commission 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 commission shall keep complete and accurate records of its accounts, shall not exceed its budget, and monies received from the Township of Wantage shall be expended only for the purposes for which they have been appropriated.

§ 2-17.5 Conflicts of Interest.

No member, officer or employee of the commission shall be interested directly or indirectly in or with respect to any business or industry which may be contemplating settling within the Township of Wantage.

§ 2-17.6 Oath of Office.

Each member and officer of the commission shall, before assuming office, take and subscribe an oath that he will faithfully and impartially discharge the duties of his office.

§ 2-17.7 By-Laws; Employee Qualifications and Compensation.

To effectuate its purposes the commission shall have the power to adopt suitable by-laws 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 commission as adopted by the township committee, the compensation to be paid to any of its employees.

§ 2-18 CHIEF FINANCIAL OFFICER.

[Ord. #90-01]

§ 2-18.1 Establishment of the Position.

Pursuant to the authority of N.J.S.A. 40A:9-140.1, et seq., there is hereby created the position of chief financial officer in and for the Township of Wantage.

§ 2-18.2 Duties.

The chief financial officer of the township shall have the duties as defined in N.J.S.A. 40A:9-140.1, et seq., and N.J.S.A. 52:27BB-26, et seq.

§ 2-18.3 Term of Office.

The term of the chief financial officer shall be at the pleasure of the township committee subject to the provisions of N.J.S.A. 40A:9-140.1, et seq.

§ 2-18.4 Compensation.

The chief financial officer shall receive compensation as fixed in the Wantage Township Salary Ordinance.

§ 2-19 FIRST AID AND AMBULANCE SERVICES.

[Ord. #93-02; Ord. #93-04]

§ 2-19.1 Establishment.

The Township of Wantage recognizes the Wantage Township First Aid Squad as a volunteer organization authorized to provide first aid, ambulance and emergency medical services to the residents of Wantage Township in accordance with the provisions of this section.

§ 2-19.2 Duties and Responsibilities.

a. The officers of each volunteer first aid and ambulance squad certified by the Wantage Township Committee as qualified to provide first aid, ambulance and emergency medical services for the Township of Wantage shall be responsible for the training of its members pursuant to the provisions of N.J.S.A. 27:5F-27 and other applicable laws, rules and regulations so that they are qualified to provide said services.

b. The officers of each squad shall be responsible for maintaining ambulances and ambulance equipment so that the same are qualified for emergency medical service in accordance with N.J.S.A. 27:5F-27 and other applicable laws, rules and regulations.

§ 2-19.3 Annual Application for Recertification.

In accordance with the New Jersey Highway Safety Act, N.J.S.A. 27:5F-18 et seq. and to insure that the highest quality emergency medical services are provided to the citizens of Wantage Township, each squad seeking to supply first aid, ambulance and emergency medical services within the Township of Wantage shall apply to the township committee for certification.

§ 2-19.4 Applicant for Initial Certification: Documents Required.

In accordance with the New Jersey Highway Safety Act, a squad applying for initial certification to the Wantage Township Committee shall provide the following documents and information to the township committee;

a. A list of the names and addresses of all members presently certified to provide emergency medical services and programs as prescribed by the New Jersey State First Aid Council.

b. A list of all ambulances owned or leased and ambulance equipment presently certified to provide emergency medical services and programs by the New Jersey State First Aid Council.

c. Documents or copies of documents which verify that the members, ambulances owned or leased and ambulance equipment listed are presently certified and approved by the New Jersey State First Aid Council.

d. A copy of the squad's current and approved certificate of incorporation. A copy of the squad's by-laws is also required.

e. The squad shall exhibit to the township committee at the time of application for certification that it has a number of members who are duly qualified and certified under the rules and regulations of New Jersey State First Aid Council sufficient to provide adequate emergency medical services for the residents of Wantage Township.

§ 2-19.5 Certification of the Squad by the Wantage Township Committee.

Upon receipt of the documentation required in subsection 2-19.4, in form and content, meeting the approval of the Wantage Township Committee, the township committee shall certify the squad, its ambulances and ambulance equipment are qualified to provide emergency medical services within the Township of Wantage.

§ 2-19.6 Further Documentation and Information to Be Provided by the Squad to the Township after Initial Certification.

The squad shall provide further documentation to the township committee after it receives its initial certification from the township committee as follows:

a. It shall provide annually, not earlier than January 1st nor later than January 31st, a complete list of all members, ambulances and ambulance equipment duly certified and approved by the New Jersey State First Aid Council.

b. It shall present for approval by the governing body a list of duly certified members, ambulances and ambulance equipment which may, from time to time, be added by the squad to provide emergency medical services and programs during the course of a calendar year. The names of new members and ambulances shall be submitted to the governing body not later than 30 days following certification by the New Jersey State First Aid Council. Documents or copies of documents which verify certification shall likewise be provided.

c. It shall provide annually a listing of all presently certified squad members who have successfully completed any training programs provided or approved by the New Jersey State First Aid Council. Said listing shall be provided not later than January 31st of each year.

d. It shall maintain for continued certification a number of members who are duly qualified and certified under the rules and regulations of New Jersey State First Aid Council sufficient to provide adequate emergency medical services and programs for the residents of Wantage Township.

§ 2-19.7 Recertification.

The squad shall apply annually to the Wantage Township Committee on or before January 31st of the calendar year for recertification. On receipt of the application for recertification and the documents listed above in form and content meeting the approval of the Wantage Township Committee, the township committee shall recertify that the squad, its ambulances and ambulance equipment are qualified to provide first aid, ambulance and emergency medical services within the Township of Wantage.

§ 2-19.8 Compliance with the New Jersey Highway Safety Act of 1987.

The squad shall comply fully with the provisions of the New Jersey Highway Safety Act of 1987, N.J.S.A. 27:5F-18 et seq. The squad shall also comply with the regulations and requirements of the New Jersey First Aid Council, including without limitation the requirements for certification and recertification.

§ 2-19.9 Written Agreement.

The squad, after receiving certification, shall enter into a written agreement with the Township of Wantage agreeing to provide first aid, ambulance and emergency medical services within the Township of Wantage and containing other terms concerning the provision of said services.

§ 2-19.10 Annual Accounting.

The squad is obligated to make an annual accounting to the Wantage Township Committee of its receipts and expenditures. The squad shall make its records available to the township committee or its authorized representative if requested for examination and copying.

§ 2-19.11 Territory of Each Squad.

The township committee may from time to time designate the territory within the Township of Wantage where each squad shall be the primary provider of first aid. ambulance and emergency medical services. The primary provider shall be the first squad dispatched to accidents and emergencies within its territory.

§ 2-19.12 Mutual Aid.

Each squad certified by the township committee to render first aid, ambulance and emergency medical services within the township shall furnish mutual aid to all other squads so certified, upon request. The squad will enter into written mutual aid agreements with all other squads so certified and shall provide copies of those agreements to the Wantage Township Committee.

§ 2-19.13 Ambulances and Equipment.

The Township of Wantage may provide a squad with such apparatus or equipment as the township committee deems necessary to maintain full efficiency and to effect the proper protection of life, health, safety and welfare of the people of Wantage. Title to any such equipment purchased by the township and used by the squad shall be vested in the Township of Wantage.

§ 2-19.14 Use of Equipment.

a. No apparatus or equipment shall be permitted to be removed from the Township of Wantage without the consent of the township committee except in response to a call for first aid, transportation or emergency.

b. No person shall use any municipal apparatus or equipment which is used or maintained by a certified squad without proper authorization.

c. No person shall without authorization enter any place where the ambulances or equipment or apparatus is housed nor handle any such equipment unless he is a member of the squad.

§ 2-19.15 Interference with Operations of Squad.

It shall be unlawful for any person to interfere with, attempt to interfere with or obstruct or restrict the mobility of any certified squad, vehicle or interfere with any member of said certified squad performing squad business or furnishing first aid, ambulance or emergency medical services.

§ 2-19.16 Powers of Squad Members during Emergencies.

During any emergency when no member of the State Police is present, members of a certified squad may in the performance of their duties and as necessary for the protection of life and public health, safety or welfare, prohibit persons, vehicles or other objects from approaching the scene of an emergency or accident and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the squad.

§ 2-19.17 Penalties.

Any person wilfully failing or refusing to comply with any lawful order or directive of a member of a certified squad, or who obstructs or interferes with said squad or members thereof in the performance of their voluntary duties, or who damages or defaces equipment utilized by the squad, or injures or attempts to injure any member of said squad shall, upon conviction thereof, be subject to the penalties provided in subsection 3-1.1 of the General Ordinances of Wantage Township.

§ 2-19.18 Severability.

If any section or other part of this section is adjudged unconstitutional or invalid, the remainder of the within ordinance shall remain valid and in full force and effect.

§ 2-20 TELECOMMUNICATIONS AGREEMENT WITH VERNON TOWNSHIP.

[Ord. #93-01]

a. The Wantage Township Committee hereby approves a telecommunications agreement between the Township of Wantage and the Township of Vernon, the purposes of which are as follows:

Vernon Township will provide dispatching services for Wantage Township for emergency services personnel including, without limitation, the Wantage Township First Aid Squad, the Wantage Township Fire Department and telephone calls to 911 when the 911 telephone number is activated.

b. The mayor and the township clerk are hereby authorized and directed to execute the attached agreement of behalf of the Township of Wantage.

§ 2-21 COOPERATIVE PRICING AGREEMENT.

[Ord. #93-16]

§ 2-21.1 Short Title.

This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Township of Wantage.

§ 2-21.2 Authority.

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 therein, 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.

§ 2-21.3 Representation.

The clerk-administrator shall be designated as the representative of the Township of Wantage to the Sussex County Cooperative Pricing Council and shall be authorized to accept subsequent request for participation in the agreement on its behalf.

§ 2-21.4 Contracting Unit.

The lead agency created in the agreement and the party 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.

§ 2-22 TOWNSHIP CLERK.

[Ord. #94-11]

§ 2-22.1 Created.

The office of township clerk is hereby created as a separate office pursuant to the provisions of N.J.S.A. 40A:9-133 et seq.

§ 2-22.2 Compensation.

The township clerk shall receive such compensation as set forth in the Wantage Township salary ordinance, and as the same may be amended from time to time.

§ 2-22.3 Appointment.

The township clerk shall be appointed as set forth in N.J.S.A. 40A:9-133.

§ 2-22.4 Duties.

The duties of the township clerk are set forth in N.J.S.A. 40A:9-133 et seq.

§ 2-22.5 Term of Office.

The term of office of the township clerk is set forth in N.J.S.A. 40A:9-133 et seq.

§ 2-22.6 Qualifications of Township Clerk.

The qualifications of the township clerk shall be as set forth in N.J.S.A. 40A:9-133 et seq. and N.J.S.A. 40A:9-133.2.

§ 2-23 TAX COLLECTOR.

[Ord. #94-11]

§ 2-23.1 Created.

The office of township tax collector is hereby created as a separate office pursuant to the provisions of N.J.S.A. 40A:9-141 et seq.

§ 2-23.2 Compensation.

The township tax collector shall receive such compensation as set forth in the Wantage Township salary ordinance, and as the same may be amended from time to time.

§ 2-23.3 Appointment.

The township tax collector shall be appointed as set forth in N.J.S.A. 40A:9-141.

§ 2-23.4 Duties.

The duties of the municipal tax collector shall be the collection of taxes for the township as set forth in N.J.S.A. 40:56-31 and other applicable law.

§ 2-23.5 Term of Office.

The term of office of the township tax collector is set forth in N.J.S.A. 40A:9-142 et seq.

§ 2-23.6 Qualifications of Township Tax Collector.

The qualifications of the township tax collector shall be as set forth in N.J.S.A. 40A:9-141 et seq and N.J.S.A. 40A:9-145.7.

§ 2-24 TAX ASSESSOR.

[Ord. #94-11]

§ 2-24.1 Created.

The office of township tax assessor is hereby created as a separate office pursuant to the provisions of N.J.S.A. 40A:9-146 et seq.

§ 2-24.2 Compensation.

The township tax assessor shall receive such compensation as set forth in the Wantage Township salary ordinance, and as the same may be amended from time to time.

§ 2-24.3 Appointment.

The township tax assessor shall be appointed as set forth in N.J.S.A. 40A:9-146.

§ 2-24.4 Duties.

The duties of the municipal tax assessor shall be the assessment of property for the township as set forth in N.J.S.A. 40A:9-148.1 et seq.

§ 2-24.5 Term of Office.

The term of office of the township tax assessor is set forth in N.J.S.A. 40A:9-148 et seq.

§ 2-24.6 Qualifications of Township Tax Assessor.

The qualifications of the township tax assessor shall be as set forth in N.J.S.A. 40A:9-148.1.

§ 2-25 JOINT INSURANCE FUND AGREEMENT.

[Ord. #93-19]

§ 2-25.1 Recitals.

a. The Township of Wantage (hereinafter "the local unit") wishes to become a member of the Statewide Workers Compensation Fund (hereinafter the "Fund"), a joint insurance fund as defined in N.J.S.A. 40A:10-36 et seq.; and

b. These statutes and regulations regulating the creation and establishment of a joint insurance fund contain elaborate restrictions and safeguards concerning the safe and efficient administration of such a fund; and

c. The Fund is by its bylaws authorized to take on the risks of self-insurance; and

d. The local unit has determined that membership in the Fund is in the best interest of the local unit.

§ 2-25.2 Agreement to Become Member of Fund.

The Township of Wantage hereby agrees to become a member of the Fund for a period commencing upon (a) the approval of the admission of the local unit by the Fund's Commissioners or Executive Committee, as appropriate, (b) by the approval of the admission of the local unit into the Fund by the Commissioner of Insurance, and (c) final approval by the local unit of the bylaws and Risk Management Plan as approved by the Commissioner of Insurance.

§ 2-25.3 Term.

The local unit agrees to become a member of the Fund until December 31, 1996.

§ 2-25.4 Purpose.

The local unit's participation in the Fund shall be for the purpose of providing primary insurance coverage for workers' compensation on a self-insured basis, in accordance with the Fund's Risk Management Plan and bylaws.

§ 2-25.5 Adoption of Bylaws.

The bylaws of the Fund are hereby adopted and approved by the local unit as same have been approved by the Department of Insurance.

§ 2-25.6 Execution of Agreement.

The mayor of the local unit or such other appropriate administrative officials are hereby authorized and directed to execute a written agreement signifying application for membership in the Fund and to execute such other agreements, including but not limited to, an indemnity and trust agreement in order to implement membership by the local unit in the Fund, subject to the adoption of this section by the Wantage Township Committee approving membership in the Fund pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq. and the Local Public Contracts Law, N.J.S.A. 40A:11-10 et seq. and compliance with the provisions of the Local Public Contracts Law with regard to professional services, N.J.S.A. 40A:11-5 et seq.

§ 2-25.7 Copy on File.

A copy of the indemnity and trust agreement is on file with the Wantage Township Clerk at the Wantage Township Municipal Building, 888 Route 23, Wantage, New Jersey and is open to public inspection between the hours of 9:00 a.m. and 4:00 p.m. weekdays.

§ 2-26 PRINCIPAL PUBLIC WORKS MANAGER.

[Ord. #98-02]

§ 2-26.1 Position Created.

The position of principal public works manager is hereby created pursuant to the provisions of N.J.S.A. 40A:9-154.6a, et seq., the duties of the principal public works manager shall include, but not be limited to, performing administrative and supervisory duties related to the installation, maintenance and repair of public works facilities or assisting in the planning, organizing, directing of all programs related to public works activities or any combination of these activities. The principal public works manager shall possess a valid Certified Public Works Manager Certificate as provided for under N.J.S.A. 40A:9-154.6c.

§ 2-26.2 Term of Office.

The principal public works manager shall serve at the pleasure of the township committee.

§ 2-26.3 Compensation.

The principal public works manager shall receive such compensation, if any, as set forth in the Wantage Township Salary Ordinance, as same may be amended from time to time.

§ 2-27 CONSTABLE.

[Ord. #00-11]

§ 2-27.1 Position Created.

The position of constable is hereby created pursuant to N.J.S.A. 40A:9-120 et seq. The township committee may appoint one person to serve as constable.

§ 2-27.2 Qualifications.

In order to serve as constable, the candidate must be a resident and qualified voter of the township for at least three years prior to appointment. The constable must take the constable's oath provided for by N.J.S.A. 40A:9-124.

§ 2-27.3 Term of Office.

The constable must qualify within 30 days of appointment and shall hold the office for a term of one year or until a successor is appointed by the township committee, meeting the qualifications under this section and the New Jersey Statutes.

§ 2-27.4 Constable's Bond.

A constable's bond shall be posted pursuant to N.J.S.A. 40A:9-125. The amount of such bond shall be as determined by the township committee and the cost of the bond shall be borne by the township.

§ 2-27.5 Powers and Duties.

The constable shall be responsible for enforcing Wantage Township General Ordinances. section 3-2. Litter and Junk. Additionally, the constable shall have the responsibility for enforcing the township's parking ordinances as provided for by Wantage Township Ordinances, section 7-3, including the related schedules. The constable's responsibilities shall include investigating and enforcing violations of the sections referenced in this section as well as filing and prosecuting, along with the township prosecutor, complaints in the municipal court. The constable shall not have sole authority for handling matters referenced in this section but shall share such powers with the New Jersey State Police, Sussex County Sheriff's Office and such other law enforcement entities that may be authorized to act within the township.

§ 2-27.6 Compensation.

The constable shall receive such compensation, if any, as determined by the Wantage Township Committee in the appropriate salary ordinance.

§ 2-28 PAYMENT OF FUNERAL EXPENSES FOR INDIGENT RESIDENTS.

[Ord. #00-17]

§ 2-28.1 Funeral and Burial.

In the event a resident of the Township of Wantage dies as an indigent within the Township of Wantage, the township shall pay, to the extent the funeral expenses are not paid by relatives of the decedent or from other sources, the resident's reasonable funeral expenses to the extent of 75% of the amount paid by Social Security insurance or the actual funeral expenses, whichever is less. Additionally, in the event decedent is to have a ground burial, the township shall pay up to 75% of the Social Security Insurance Ground Burial Benefits or the actual ground burial costs, whichever is less.

§ 2-28.2 Cremation.

An indigent may be cremated provided a qualified relative consents to the cremation, as required by law. The amount payable for cremation shall not exceed the amount set forth in subsection 2-28.1.

§ 2-28.3 Determination of Indigency.

The determination as to whether or not the decedent is indigent shall be made by the township administrator or such other person designated by the administrator responsible for reviewing indigent funeral expenses on behalf of the Township of Wantage. The determination shall be made in accordance with New Jersey Statutes or regulations concerning the criteria for establishing indigence.

§ 2-29 WANTAGE TOWNSHIP WATER AND SEWER UTILITY.

[Ord. #01-03]

§ 2-29.1 Established.

There is hereby established in the township a public water and sewer utility to be designated as the "Wantage Township Water and Sewer Utility."

§ 2-29.2 Water and Sewer System to be Operated as Municipal Public Utility; Fees.

The water and sewer system shall be operated by the township as a municipal public utility to be operated pursuant to the provisions of Title 40A of the New Jersey Statutes. All fees and charges shall be as provided for in the Wantage Township Fee Ordinance (Chapter 21 of the Revised General Ordinances). All fees and charges received by the township in connection with the water and sewer utility shall be deposited in a dedicated account designated as the "Wantage Township Water and Sewer Utility Fund" and used only for the purposes of such municipal utility, pursuant to N.J.S.A. 40A:4-62.

§ 2-29.3 Administration.

The Wantage Township Committee shall have complete supervision and control over the water and sewer utility with the assistance of the township administrator.

§ 2-29.4 Operation of Water and Sewer System.

Initially the township will not be directly providing any water or sewer service and will be providing these services through an interlocal service agreement with Sussex Borough for use of Sussex's water and sewer systems. As such, the standards for connecting to the water and sewer system, as well as any prohibitions or limitations in regard to use of the water and sewer system shall be as provided for in Sussex Borough's ordinance.

Wantage's involvement shall be solely limited to collecting and turning over water and sewer user charges billed by Sussex Borough to the system users to Sussex Borough.

Wantage reserves the right to construct its own water and sewer system in the future, which would include construction, acquisition and maintenance.

§ 2-30 DEFENSE AND INDEMNIFICATION OF MUNICIPAL OFFICERS AND EMPLOYEES.

[Ord. #2002-08]

§ 2-30.1 Definitions.

For the purposes of this section, unless the context clearly indicates a different meaning:

MUNICIPAL OFFICIAL

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 Wantage whether full or part time, appointed, elected or hired.

§ 2-30.2 Indemnification - Civil Actions.

Pursuant to the provisions of N.J.S.A. 59:10-1 et seq. and subject to the provisions of this section, the Township of Wantage is authorized to provide for the defense of actions brought against its municipal officials and shall indemnify such officials to the extent permissible by law and shall save harmless and protect such persons from financial loss resulting from litigation. Such indemnification shall arise out of any action or legal proceeding of a noncriminal nature directly related, or incidental to, the performance of the duties of the position or office held by such municipal official. The Township of Wantage may indemnify an official for exemplary or punitive damages resulting from the official's civil violation of State or Federal law, if, in the opinion of the committee of the Township of Wantage the acts committed by the official upon which damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.

§ 2-30.3 Indemnification - Criminal Actions.

The township shall not defray the cost of defending any criminal action against any municipal official except as may be authorized by State statute or other municipal ordinance or resolution of the Township of Wantage, and in those circumstances, the responsibility for defraying the cost of defending such employee shall be applicable only when such criminal proceeding shall have been dismissed or result in a final disposition in favor of the municipal official. However, should the township committee determine that there is good cause to dismiss the employee arising out of the incident(s) giving rise to the criminal prosecution, the township will not reimburse the municipal official for legal defense and costs in defending this suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.

§ 2-30.4 Notification of Township: Cooperation with Township.

The municipal official shall not be entitled to indemnification or reimbursement pursuant to this section unless within 10 calendar days of the time such official is served with any summons, complaint, process, notice, demand or pleading, the official delivers the original or a copy thereof to the township attorney. The municipal official shall be obliged to cooperate with the township in the conduct of the official's defense. Whenever competent and disinterested legal counsel is available to the township through any insurance coverage, the municipal official shall be obliged to be represented by such counsel. If the township wishes to use the township attorney or the attorney for any board or committee of the township to defend that action, the municipal official shall be obligated to be represented by that attorney unless there is a conflict of interest. The refusal of the municipal official to cooperate with the township shall terminate the township's obligation to reimburse the municipal official.

§ 2-30.5 Method to Provide for Defense; Attorney's Fees.

If the township committee determines to provide a defense as authorized by this section, it may do so by:

a. Hiring an attorney of its choice; or

b. Reimbursing the municipal official for reasonable attorney's fees and costs incurred in connection with the defense of the act.

A resolution shall be adopted appointing counsel for the defense and determining counsel fees. The hourly rate shall not exceed the then rate paid to the township attorney without a written resolution of the committee.

Nothing in this section shall preclude the township and/or township attorney from demanding and reviewing periodically any costs and attorney's fees in connection with the defense of the municipal official. In the event a dispute over attorney's fees arises, the township reserves the right to submit the dispute to the fee arbitration committee of the district or pursue any other course of legal action.

§ 2-30.6 Exceptions.

The township shall not be obligated to provide reimbursement in the following instances:

a. Where the act or omission was not within the scope of employment or authority;

b. Where the act or omission complained of was because of actual fraud, willful misconduct or actual malice;

c. Where the legal proceeding is instigated or brought by the township of Wantage against the municipal official;

d. Where the legal proceeding involves a question concerning the election laws;

e. Where the action is brought against the township by the municipal official. If any such legal proceeding shall be dismissed or finally determined in favor of the municipal official or employee, the official or employee shall be reimbursed for the expense of the defense providing (a) the employee proves that the act or omission was within the scope of employment or authority and (b) the township fails to prove the act or omission complained of was because of actual fraud, willful misconduct or actual malice.

f. Where the defense of the action or proceeding would constitute a conflict of interest between the township and the municipal official.

g. Where the defense of the action or proceeding is covered by an insurance policy or policies, however, the township shall be responsible for the cost of the deductible.

h. The municipal official has failed to fully cooperate with the defense.

i. Where the act or omission is in violation of the New Jersey Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., or any ethics code adopted pursuant to the statute.

§ 2-30.7 Exclusive Control as a Condition for Defense.

The township shall have exclusive control over the representation of the municipal official and such person shall cooperate fully with the township and the designated attorney, provided, however, that the municipal official may at any time at the municipal official's option take control of the representation by waiving all rights to indemnification and all rights to payment for the defense costs.

§ 2-30.8 Reduction of Reimbursement.

The amount the township is obliged to reimburse the municipal official shall be reduced by any insurance coverage payable to the municipal official by the net amount (that is, any recovery less attorney's fees, disbursements and court costs), of any money received by the municipal official in any counteraction against the person or persons bringing the action against him.

§ 2-30.9 Approval of Settlement.

If the legal proceeding is terminated by an agreement among or between the parties, then the township shall not be obligated to reimburse the municipal official unless the township approves the settlement agreement.

§ 2-30.10 Cause Attributable to Counterclaim or Crossclaim.

If the municipal official files a counterclaim or crossclaim in the legal proceedings, the township shall not be obligated to reimburse for any attorney fees or court costs attributable to such.

§ 2-30.11 Time of Payment.

The obligation of the township to reimburse a municipal official for expenses shall arise upon final determination of the legal proceedings. In its discretion the township may reimburse a municipal official for a portion of expenses incurred prior to a final decision.

§ 2-31 TORT CLAIMS ACT NOTICE FORM.

[Ord. #2002-11]

a. The attached Tort Claims Act Notice form shall be and is hereby adopted as the official tort claim notice form for the Township of Wantage.[1]

[1] Editor's Note: The form referred to herein is included as an attachment to this chapter.

b. All persons making claims against the Township of Wantage, its officers, employees, agencies or departments, pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. are required to complete the form adopted by this section as a condition of compliance with the New Jersey Tort Claims Act Notice requirements.

§ 2-32 LENGTH OF SERVICE AWARDS PROGRAM (LOSAP).

[Ord. #2002-10]

§ 2-32.1 Creation of Program.

A length of service awards program is hereby created in accordance with N.J.S.A. 40A:14-183 et seq.

§ 2-32.2 Annual Contributions.

The LOSAP shall provide for fixed annual contributions to a deferred income account for each member of the Wantage Township Volunteer Fire Department and First Aid Squad that meets the criteria set forth below. Such contributions shall be made in accordance with a plan that shall be established by the Township of Wantage and shall be administered in accordance with the laws of the State of New Jersey, the United States Internal Revenue Service and this section.

§ 2-32.3 Criteria for Eligible Members; Amount of Contribution; Cost of Program.

a. The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:

1. Fifty points are required for a member to qualify for eligibility for an annual contribution.

2. Five years of service are required for vesting.

b. The annual contribution shall be $500 per eligible member per qualifying year.

c. The estimated total cost of the program annually has been calculated as follows:

Wantage Volunteer Fire Department:

77 members x $500 per member = $38,500

Wantage Volunteer First Aid Squad:

50 members x $500 per member = $25,000

Sussex Volunteer Fire Department:

50 members x $500 per member = $25,000

Total Program Cost: $88,500

Wantage Township shall be responsible for 72% of this total annual cost, calculated to be $63,720.

§ 2-32.4 When Effective.

This section shall not take effect unless it is ratified by the voters of both the Township of Wantage and the Borough of Sussex, as a public question at the next General Election as provided by law.[1]

[1] Editor's Note: Section 2-32, Length of service awards program, adopted by Ordinance No. 2003-12 was ratified by the voters at the General Election of November 4, 2003.

§ 2-32.5 Points Schedule.

Each active volunteer member shall be credited with points for volunteer services provided to the Wantage Township Volunteer Fire Department or First Aid Squad in accordance with the following schedule:

See Attached Schedule A for the Points Schedule of the Wantage Township Volunteer Fire Department.[1]

See Attached Schedule B for the Points Schedule of the Wantage Township First Aid Squad.[2]

[1] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

[2] Editor's Note: The schedules referred to herein are included as attachments to this chapter.

§ 2-33 OPEN SPACE TRUST FUND.

[Ord. #2006-20]

§ 2-33.1 Created.

[Ord. No. 2006-20 § 1]

There is hereby created a Wantage Township Open Space Trust Fund, whose purposes are set forth below.

§ 2-33.2 Purpose.

[Ord. No. 2006-20 § 2; Ord. No. 2015-02]

The purposes of the Wantage Township Open Space Trust fund are as follows:

a. To acquire lands/properties within the Township for active and/or passive recreation and conservation purposes;

b. To develop lands/properties acquired within the Township for active and/or passive recreation and conservation purposes;

c. To assist in the preservation of farmland within the Township wherein there is a funding necessity, either through matching grants for farmland preservation/acquisition or through funding for the reservation of farming privileges and/or the acquisition of development rights as established by State law and/or the Sussex County Board of Chosen Freeholders or their designees;

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

e. To provide funding for the payment of debt service related to appropriations in accordance with the paragraphs a through d above.

§ 2-33.3 Source of Funding.

The funding source for the township open space trust fund shall be the establishment of a separate township tax line item at an annual rate not to exceed $0.02 per $100 of ratables for each and every taxable property located within the township. The rate shall be set every year by the township committee, by resolution, during the existence of the township open space trust fund, no later than the meeting at which the township budget shall be introduced. The township chief financial officer, the township auditor, the township tax collector and the township tax assessor, where applicable, shall assist the township committee in the annual creation/collection of this open space tax.

§ 2-33.4 Use of Funds.

The determination of how the township open space trust fund shall be expended at any time shall be at the sole discretion of the township committee and they shall be the final determiners of the allocation(s) of the trust fund during its existence. The township reserves the right to establish an open space advisory committee to assist the township in addressing the provisions of this section.

§ 2-33.5 Expiration of Provisions.

The provisions of taxation to create and fund open space trust fund and the existence of the township open space trust fund shall cease to exist at the close of business on December 31, 2016, unless the township committee extends the duration of this section.

§ 2-34 DEFINED CONTRIBUTION RETIREMENT PROGRAM.

[Ord. #2008-09]

§ 2-34.1 Eligible Positions; Required Participation.

Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the defined contribution retirement program:

a. Township administrator.

b. All department heads, excluding these positions exempted in subsection 2-34.2 of this section.

c. Municipal court judge.

§ 2-34.2 Exempt Positions.

Individuals serving in the following positions are exempt from defined contribution retirement program membership, pursuant to N.J.S.A. 43:15C-2:

a. Tax collector;

b. Chief financial officer;

c. Construction code official;

d. Qualified purchasing agent;

e. Tax assessor;

f. Registered municipal clerk;

g. Licensed uniform subcode inspector;

h. Principal public works manager.

§ 2-34.3 Additional Exemptions.

If an individual is appointed to one of the positions listed in subsection 2-34.1 and the individual is not serving in a position as described in subsection 2-34.2 above, the pension certifying officer of the municipality may determine that the individual is not required to join the defined contribution retirement program if that individual:

a. Was an active participant in the Public Employee Retirement System on July 1, 2007 and has continuously been a member since that time or has been appointed pursuant to a valid promotional process; or

b. Is appointed on a temporary, interim, or "acting" basis to a position requiring State certification as set forth in subsection 2-34.2 herein, and is in pursuit of the required certification.

c. Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.

§ 2-34.4 Implementation of Program.

This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2997 (N.J.S. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.

§ 2-35 MUNICIPAL HOUSING LIAISON.

[Ord. #2009-01]

§ 2-35.1 Purpose.

The purpose of this section is to create the administrative mechanisms needed for the execution of the Township of Wantage's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

§ 2-35.2 Definitions.

As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE AGENT

Shall mean the entity or entities responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Wantage 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 Wantage.

§ 2-35.3 Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.

a. Establishment of position of municipal housing liaison. There is hereby established the position of municipal housing liaison for the Township of Wantage.

b. Subject to the approval of the Council on Affordable Housing (COAH), the municipal housing liaison shall be selected by a resolution of appointment to be adopted by the mayor and committee of the Township of Wantage.

c. The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Wantage, including the following responsibilities which may not be contracted out:

1. Serving as the Township of Wantage'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 the Township of Wantage'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 Wantage as described in paragraph f below.

d. Subject to approval by COAH, the Township of Wantage 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 Wantage. If the Township of Wantage 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. The Municipal Housing Liaison shall assist the administrative agents in their duties, including, as needed, regarding:

1. Affirmative marketing;

2. Household certification;

3. Affordability controls;

4. Resale and rental;

5. Processing request from unit owners; and

6. Enforcement.

The municipal housing liaison shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

§ 2-36 BOARDS, COMMITTEES OR COMMISSIONS: ATTENDANCE AT MEETINGS.

[Ord. #2010-12]

§ 2-36.1 Vacancies.

In accordance with N.J.S.A. 40A:9-12.1, any elected officer or member of a board, committee or commission who fails to attend and participate at meetings, without being excused, for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, shall be deemed to have vacated their position. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as provided by law for the unexpired term.

§ 2-36.2 Time and Attendance Policies.

The time and attendance policies as they relate to all permanent and part-time employees of the Township of Wantage are hereby ratified and codified by ordinance.

§ 2-37 DIRECT DEPOSIT FOR MUNICIPAL EMPLOYEES MANDATED.

§ 2-37.1 Direct Deposit Mandated.

[Ord. No. 2014-13]

All full-time and part-time employees and elected public officials who receive compensation from the Township of Wantage are mandated to have direct deposit of their compensation as of July 1, 2014 in accordance with Chapter 28 P.L. 2013, as defined under C.52:14-15f(b).

§ 2-37.2 Seasonal and Temporary Employees.

[Ord. No. 2014-13]

Seasonal and temporary employees who are employed by the Township may be exempt from the direct deposit mandate according to subsection 2-37.3.

§ 2-37.3 Exemptions.

[Ord. No. 2014-13]

Municipal employees may request, in writing, an exemption from the direct deposit mandate to the Wantage Township Chief Financial Officer. Such requests will be presented to the Township Committee at their next scheduled meeting of the Township Committee. The Township Committee may grant such an exemption by resolution and only for good cause.