Township of Hopewell, NJ
Mercer County
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Table of Contents
Table of Contents
[The form of government in the Township of Hopewell 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 N.J.S.A. 2A:8-1, et seq., Municipal Court, N.J.S.A. 44:8-1, et seq., Local Assistance Board, Welfare; N.J.S.A. 26:3-9, et seq., Board of Health; N.J.S.A. 40:56A-1, et seq., Environmental Commission; N.J.S.A. 40:55B-1, et seq., Economic Development Commission; N.J.S.A. 40:55D-23, Planning Board; N.J.S.A. 40:55D-69, Board of Adjustment; N.J.S.A. 40:14A-1, et seq., Stony Brook Regional Sewage Authority; N.J.S.A. 40:146-21(c); cf. N.J.S.A. 40:64-9 Shade Tree Advisory Committee; N.J.S.A. 40:14B-1, Municipal Utilities Authority; and N.J.S.A. 40:60-25.53, Historic Site Committee. Other authority to regulate the internal affairs of the township is contained in N.J.S.A. 40:48-2.]
[Ord. #416; New; Ord. #7/15/74; Ord. #14-1591]
The township committee shall hold an annual meeting on January 1 of each year at 1:00 p.m., or such other time as determined by resolution of the township committee, during the first seven days of January in any year. At such time it will elect a mayor and a deputy mayor from among its members and, upon nomination of the mayor it shall, by resolution, make assignment of its members to designated areas of responsibility.
[Ord. #7/15/74]
a. 
The mayor shall be the chairperson of the township committee and head of the municipal government. The mayor shall preside at meetings of the committee and shall have the right to debate and vote on all questions before the committee.
b. 
The mayor shall have the power to make proclamations concerning holidays and events of interest to the township. The mayor may appoint citizens' committees to inquire into matters that are of interest to the township and the mayor shall have such other appointment powers as are conferred by law. The mayor shall have and exercise the ceremonial power of the township and the mayor shall exercise every other power usually exercised by township mayors or conferred by law.
[Ord. #7/15/74]
The deputy mayor shall serve in the absence of the mayor and exercise all the powers and duties prescribed for the mayor and permitted by law.
[Ord. #7/15/74; Ord. #14-1491]
a. 
The committee shall be the legislative body of the municipality and shall have the power to:
1. 
Pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the township or to accomplish any public purpose for which the township is authorized to act;
2. 
Control and regulate the finances of the township and raise money by borrowing and taxation;
3. 
Create such offices and positions as they deem necessary. The officers appointed by the committee shall perform the duties required by law and the ordinances adopted by the committee. Other than the township attorney, engineer, building inspector, the clerk, tax collector and tax assessor who shall serve for the term provided by law, the officers appointed shall serve at the pleasure of the committee;
4. 
Investigate any activity of the township; and
5. 
Remove any officer of the township for cause, other than those officers excepted by law.
b. 
The committee shall have all the executive responsibilities of the municipality not placed, by general law or this ordinance, in the office of the mayor.
c. 
In the absence or inability of the mayor and the deputy mayor, the senior committee member shall serve temporarily as mayor. Seniority shall be determined by length of service of the township committee.
[Ord. #447; New; Ord. #7/15/74; Ord. #650-84 § 1; Ord. #94-973; Ord. #99-1114 § 1; Ord. #00-1178 § 1; Ord. #14-1491]
a. 
At the beginning of each year, the township committee members shall determine their areas of liaison to township professionals, departments, boards, committees and commissions, and regional governmental, nonprofit and corporate agencies and entities. These responsibilities shall include providing a channel for communications and providing assistance for collaborative endeavors.
b. 
The liaison responsibilities shall not include the authorization of any agreement or expenditures of township controlled funds, as these require action of the full township committee; or the authority to exercise supervisory control over the department(s).
c. 
The mayor is authorized to make such additional or temporary assignments of committee members as shall be necessary.
[Ord. #442; Ord. #7/15/74; Ord. #557-81; Ord. #00-1178 § 2; Ord. No. 14-1491; Ord. #03-1292 § 1; Ord. #14-1491]
a. 
Regular Meetings. The township committee shall meet regularly in accordance with the schedule of regular meetings established by resolution adopted by the township committee at its annual organizational meeting, except that it may, by resolution, dispense with or change the date, time or place of any given regular meeting. The township committee may by resolution, authorize additional regular meetings and may authorize work sessions and provide that regular business may be conducted at all such regular meetings and work sessions. Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Law, C. 231, P.L. 1975. Any person desirous of having a matter considered by the township committee in a public meeting shall notify the clerk in writing at least five days prior to the meeting at which consideration is proposed in order that it might be placed on the agenda and to facilitate scheduling. No question or proposal will ordinarily be considered unless such notice has been given or its consideration is requested by a majority of the committee in attendance at such meeting. Where a question or proposal is of an involved or technical nature, anyone requesting its consideration is urged to submit the same in writing together with his written request. The mayor shall preside at all meetings of the township committee but may, where the subject matter so requires, designate another to preside in his stead for all or part of a meeting.
b. 
Meetings Rules and Conduct. The rules of procedure to be followed for the conduct of business of the township committee meetings shall be provided for in the form of the bylaws of the township committee which shall be adopted by resolution.
[Ord. #442; Ord. #7/15/74; Ord. #557-81; Ord. #00-1178 § 2; Ord. #03-1292 § 1; Ord. #14-1591]
a. 
Creation of Office. The position of township administrator is hereby created, and employment of a qualified person for that position is hereby authorized.
b. 
Appointment, Term of Office and Compensation. The township administrator shall be appointed by the mayor with the advice and consent of the township committee and shall hold office for an indefinite term. He shall receive as salary such sums as may be fixed and adopted by the township committee in the annual salary ordinance. He shall be reimbursed for all reasonable expenses incurred in the performance of his office.
c. 
Township Administrator as Full-time Position. The township administrator shall devote full time to the interests of the township and shall not hold any other employment, unless expressly approved by the township committee, except that nothing herein shall prevent the administrator from holding any other position in the township to which he has been appointed in accordance with the laws of the State of New Jersey.
d. 
Disability or Absence. During any approved absence or disability of the township administrator, an officer or employee of the township may be appointed by the township committee to temporarily perform the duties and responsibilities of the position.
e. 
Removal. The township administrator may be removed at any time by a two-thirds vote of the township committee. The resolution of removal shall become effective three months after its adoption. The township committee may provide that the resolution shall have immediate effect, provided that the township committee shall cause to be paid to the administrator forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the resolution.
f. 
Qualifications and Residency. The township administrator shall be appointed on the basis of executive and administrative qualifications with special regard to education and training in business and government affairs and experience therein. No elected member of the township committee may receive such appointment during his term of office nor within one year after the expiration of said term.
The Township administrator need not be a resident of the township at the time of his appointment, but after such appointment may reside outside of the township only with the consent of the township committee.
g. 
Duties and Responsibilities. The township administrator shall, under the supervision, legislative direction and control of the township committee to the extent not prohibited by law:
1. 
Perform the general executive and administrative duties as may be necessary and proper for the comprehensive and efficient exercise of municipal government.
2. 
Implement, carry out and enforce the ordinances, resolutions, motions, policies, and specific procedures and directions adopted by the township committee pursuant to its legislative power, as necessary to exercise fully the executive and administrative powers thereof.
3. 
Exercise financial and supervisory control over all departments and offices, be responsible for the proper and efficient operation of all departments, assign responsibility for all required necessary and proper executive and administrative action and coordinate operations.
4. 
Study, recommend, and, after legislative adoption by the township committee, implement and enforce personnel organization, and policy of the township and its departments, branches, offices, and agencies (hereinafter referred to collectively as "departments").
5. 
Study, recommend, and after legislative adoption by the township committee, implement and enforce administrative procedures and policy of the township and its departments.
6. 
Study, recommend, and, after legislative adoption by the township committee, implement and enforce procedures and policy of the township and its departments for requisition, purchase, inspection, receipt, storage, distribution, internal transfer and disposal of, and for standards and specifications and payment for supplies, services, materials and equipment.
7. 
Negotiate contracts for the township as authorized by and subject to approval of the township committee and the township attorney.
8. 
Implement and enforce all terms and conditions imposed in favor of the township or its citizens in any statute, public utility franchise, performance bond, or other contractual undertaking or obligation, and upon knowledge, call any violation, default or omission to the attention of the township committee.
9. 
Study, recommend, and, after legislative adoption by the township committee, implement and enforce procedures and policy of the township and its departments for internal communications and public information.
10. 
Receive and reply in writing to inquiries and complaints concerning township business and provide information and assistance in respect thereto.
11. 
Act as liaison between the township and the various county, State and Federal agencies, with respect to all applications for funds and/or services needed or required by the township.
12. 
Study, recommend, and after legislative adoption by the township committee, implement and enforce the financial and accounting policy and procedures of the township and its departments, in consultation with the township auditors.
13. 
Supervise the disbursement of all township funds and approve all vouchers and bills before submitting same to the township committee for final approval.
14. 
Study, recommend, and with the approval of the township committee, implement a program for the prudent investment of such funds as temporarily may be in excess of the amounts needed to meet township obligations.
15. 
Prepare and submit annually a thorough and complete proposed township budget after requiring and receiving appropriation requests from heads of the departments and reviewing such requests with the township committee, transmitting a tentative budget and consulting with the township committee with respect thereto, and submitting in a timely manner a final recommendation in the form required by law for municipal budgets, appending thereto a detailed analysis of the various items of expenditure and revenue and such explanatory comment or statement as may be deemed desirable.
16. 
Study and recommend the nature, location and extent of public improvements and coordinate the execution of same when authorized by the township committee.
17. 
Develop, implement and administer a comprehensive program of insurance for the township as authorized by and subject to the approval of the township committee.
18. 
Assume responsibility for the overall supervision and maintenance of real property owned by the township.
19. 
Attend all regular and special meetings of the township committee, except when excused, with the right to participate in discussions but without the right to vote.
20. 
Keep the township committee currently, fully, promptly, and accurately informed of all matters within the jurisdiction of the office of township administrator by such reports and in such manner as deemed advisable, and as may be requested by the township committee.
21. 
Perform such other duties, powers, functions, and responsibilities as may be required or imposed by the township committee.
22. 
In every instance where the township committee is referred to herein, the committee may, where permitted by law, designate one or more of its members as an individual or a committee to act in its place and stead in which case the township administrator shall deal in the first instance directly with this individual or committee rather than with the township committee at large.
23. 
Recruit and recommend for appointment to positions established by the township committee, personnel qualified for the respective positions.
h. 
Consistence with Law. Nothing herein shall derogate from or authorize the township administrator to exercise the powers and duties of elected officials of the township and of the boards and agencies thereof established pursuant to law.
[Ord. #7/15/74]
There shall be a township clerk who shall hold office for a three-year term and as is provided by law. The township clerk shall:
a. 
Perform all of the functions required of municipal clerks by the general election law (N.J.S.A. 19:1-1 et seq.) and any other State law or township ordinance and receive the fees prescribed therefor for the use of the township.
b. 
Until such time as a separate ABC board may be established pursuant to law, issue such licenses as may be authorized by the township committee pursuant to the State Alcoholic Beverage Control Law (N.J.S.A. 33:1-1 et seq.) and the ordinances of the township.
c. 
Keep all records, resolutions, ordinances and minutes of the meetings of the township committee.
d. 
Issue all licenses required by law or ordinance and faithfully make all reports required by law or ordinance to the township committee and account monthly for all fees received by him.
e. 
See to it that all ordinances and notices of the township are properly advertised.
f. 
Take care of the correspondence of the township committee.
g. 
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance.
[New]
There may be a deputy clerk who shall be appointed for a term expiring December 31, following the appointment.
[Ord. #7/15/74; Ord. #415]
a. 
Appointment. There shall be a township attorney appointed by the township committee for a one-year term.
b. 
Powers and Duties Generally. The township attorney shall be the legal advisor to the township committee and to all departments except as may be otherwise provided by ordinance. He shall prosecute and defend actions and proceedings by and against the township and every department thereof. In furtherance of these general powers, and without limitation thereto, he shall:
1. 
Advise the township committee as to the form and sufficiency of all ordinances and resolutions prior to their passage.
2. 
Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the township.
3. 
Conduct appeals from orders, decisions or judgments affecting any interest of the township, as he may in his discretion determine to be necessary or desirable, or as directed by the township committee.
4. 
Subject to the approval of the township committee, have power to enter into any agreement, compromise or settlement of any litigation in which the township is involved.
5. 
Render opinions in writing upon any questions of law submitted to him by the township committee with respect to their official powers and duties, or the powers and duties of any officer of the township.
6. 
Maintain a record of all actions, suits, proceedings and matters which relate to the township's interest, and report thereon from time to time as the township committee may require.
7. 
Provide such legal, secretarial or other assistance as may be necessary to the proper performance of his duties.
8. 
Have such other and different functions, powers and duties as may be provided by ordinance or resolution.
[Ord. #7/15/74]
Whenever he deems the interests of the township so require, the township attorney may, with the approval of the township committee and within the limits of available appropriations, appoint special counsel to assist him in the preparation, trial or argument of such legal matters or proceedings as he may determine. If the township attorney should be disqualified with respect to any matter, the township committee shall appoint special counsel to represent the township for and with respect to such matter.
[Ord. #415]
a. 
Established. There shall be a municipal court prosecutor appointed by the township committee for a one-year term. He shall receive such compensation as is provided by ordinance or by resolution of the township committee.
b. 
Powers and Duties Generally. The municipal court prosecutor shall conduct prosecutions for crimes and offenses cognizable by the municipal court of the township, except such crimes and offenses as it may be the duty of the county prosecutor to prosecute, including violations of ordinances of the township, complaints of any departments under State law and for violations of rules or regulations duly promulgated by any department. He shall have such other and different functions, powers and duties as may be provided by ordinance, resolution or rules governing the Courts of the State of New Jersey.
[Ord. #00-1169, § 1; Ord. #02-1232, § 2]
a. 
Established. There is hereby established the position of municipal public advocate to represent the interests of the public in development applications before the planning board and zoning board of adjustment.
b. 
Qualifications; Appointment; Term. The municipal public advocate shall be a New Jersey attorney-at-law, appointed by the township committee for a one-year term.
c. 
Powers and Duties Generally. The municipal public advocate may appear before the township's planning board and zoning board of adjustment, and such other Federal, State, County and municipal agencies and/or courts as the circumstances warrant in order to represent and advocate the interests of the public, rather than individual interests, in proceedings of "substantial public importance" which he/she shall determine, in his/her sole discretion, to warrant such representation and advocacy.
With regard to appearances before the township's planning board and zoning board of adjustment, the term "substantial public importance" shall be defined as or limited to applications where the applicant is seeking relief in any one of the following areas:
1. 
Application seeking a use variance;
2. 
Application seeking a major subdivision;
3. 
Application where three or more variances are being sought;
4. 
Application where a variance for parking is being sought;
5. 
Application of any nature involving property which is contiguous or proximate to lands which have been permanently preserved by any governmental entity, or designated in the Open Space Plan of the township for acquisition;
6. 
Application where the applicant is seeking vacation of streets, roads, right-of-ways, or similar defined thoroughfares;
7. 
Application where a variance for height, coverage, or density is being sought;
8. 
Application that has been bifurcated and where one part of the bifurcated application seeks relief under any one or more of paragraphs 1 through 7 above;
9. 
Any application which may have a substantial economic impact on the citizenry and/or the township.
d. 
Appearances Restricted. The municipal public advocate shall not appear before the township's planning board or zoning board of adjustment on any applications other than as enumerated above.
e. 
Purpose. The municipal public advocate shall be retained by the township committee but shall not operate in any manner under the direction or control of the township committee. He/she shall exercise his/her sole discretion as to the importance and the extent of the public interest and whether that interest would be adequately represented and advocated without his/her action.
Upon referral of a matter for possible representation, the Municipal Public Advocate shall conference with the interested and/or affected party or parties in order to examine the public interest involved. In determining whether that interest would be adequately represented and advocated without his/her action, the municipal public advocate shall consider one or all of the following:
1. 
Whether the interest is being fully represented by private parties; the municipal public advocate may determine to become involved even if the primary parties to the dispute are represented, if such parties may not represent the full public interest in the dispute;
2. 
Whether the citizens affected are members of a group, association or political subdivision which can practically provide representation and such group representation will fully represent the public interest as well; and
3. 
Whether the citizens affected have sufficient financial ability or incentive to retain competent counsel.
The municipal public advocate may refrain from representing any public interest if it appears that the cost of representation to the township substantially outweighs the public interest involved.
Where several public interests are involved in a single dispute or litigation, the municipal public advocate may examine each interest and elect to represent one interest.
Where there are several conflicting public interests involved in a single dispute or litigation, the municipal public advocate may choose to represent one interest and arrange for separate representation of the conflicting interest or interests. Alternatively, the municipal public advocate may choose to refrain from representing any of the competing interests.
It is intended that the creation of the position of municipal public advocate is to insure that a full, fair and balanced record be made in such matters of substantial public importance, with all of the competent evidence bearing upon the issues being presented to the township planning board and the township zoning board of adjustment tested as to its relevancy, competency, materiality and credibility, so that such boards and such other Federal, State, County and municipal agencies, the township committee and courts, whether trial or appellate, will have the benefit of a fully developed record of the proceedings containing all of the testimony and evidence for a fair, unbiased, impartial decision in accordance with all of the applicable rules/laws and to insure that the public interest, not individual interests, will be adequately represented and better served.
The municipal public advocate shall make a determination as to whether the public interest should or should not be represented within 45 days of referral of the matter. The reasons for such determination shall be stated in writing. Where the municipal public advocate has determined that the public interest should be represented, he/she is free to participate in the proceedings, which may include the presentation of evidence, cross-examination of other witnesses and the presentation of arguments.
f. 
Compensation. The salary of the position of the municipal public advocate shall be set by ordinance and in no event shall it be higher than the combined salary set for the attorneys for the planning board and/or zoning board of adjustment. Litigation shall be paid as provided for in the municipal budget and as approved by resolution of the township committee.
[Ord. #519; Ord. #694-85, § 1; Ord. #94-973]
a. 
Department Established; Head. There shall be a department of finance, the head of which shall be the chief financial officer.
b. 
There is hereby created the position of chief financial officer of the Township of Hopewell to be appointed by the township committee and in accordance with P.L. 1988, Chapter 110. The chief financial officer may also serve as treasurer.
c. 
Appointment of Treasurer. There shall be a treasurer of the township appointed by the township committee upon recommendation of the administrator. The treasurer shall serve for a one-year term commencing on January 1 of the year in which he is appointed. The chief financial officer may also serve as treasurer.
d. 
Assistants to the Treasurer.
1. 
The township committee may appoint an assistant treasurer upon recommendation of the administrator who shall serve for a term concurrent with that of the treasurer and have all the power, authority and duty of the treasurer in the absence of the treasurer.
e. 
Duties of the Treasurer. The treasurer shall:
1. 
Receive funds entrusted to or under the control of any department and deposit all funds received by him in depositories authorized by the township committee by resolution.
2. 
Have custody of all investments and invested funds of the township or in the possession of the township in a fiduciary capacity, except as otherwise provided by law, and keep such funds and all moneys of the township not required for current operations safely invested or deposited in interest-bearing accounts.
3. 
Have the safekeeping of all bonds and notes of the township and the receipt and delivery of township bonds and notes for transfer, registration or exchange.
4. 
Keep a full account of all cash receipts and disbursements of the township, and, at least once a month, and more often if the township committee requires, furnish the township committee with a statement of all moneys received and expended by him.
5. 
Make examinations of the records of the municipality to determine unpaid municipal liens and to certify the result thereof, to issue official certificates of searches and to collect such fees for the use of the township as are required by law.
f. 
Bill of Demand for Claims. Any person claiming payment from the township shall present a detailed bill of demand, duly certified.
g. 
Verification of Correctness. It shall be the duty of the treasurer to see that the signature of the officer or employee who has been duly designated by the township committee to certify that the materials have been received by or the services rendered to the township appears on every claim. It shall also be the duty of the treasurer to determine that every claim is mathematically correct.
h. 
Approval or Rejection by Township Committee. Claims shall be considered by the township committee, which shall approve the same, except that the township committee may reject any claim presented to it, stating the reason for such rejection.
Any disapproved claim shall be referred back to the township treasurer with such instructions as the township committee may give at the time of disapproval.
i. 
Record of Claims. It shall be the duty of the township clerk to record all claims in the official minutes, indicating that the township committee has by formal action approved the same, with appropriate record as to any claims disapproved or rejected.
j. 
Approval to Be Noted on Claims. It shall be the duty of the township treasurer, or such other officer as is designated by resolution of the township committee, to indicate on said claims that they have been approved for payment, with the date of approval thereof noted on the claim.
k. 
Preparation of Checks; Account Records. After the treasurer has certified that the claims have been approved, he shall forthwith prepare the necessary checks for payment thereof, which check shall be signed by the mayor individually or by signature plate, and thereafter countersigned by the treasurer, individually or by signature plate. After preparing checks for payment of claims, he shall record them in proper books of account and thereafter mail or otherwise distribute the checks to the claimants.
l. 
Perform such other tasks as may be assigned by the township administrator.
[Ord. #94-973]
a. 
Department Established; Head. There shall be a tax collector of revenue collection, the head of which shall be the tax collector.
b. 
Appointment of Tax Collector; Term. There shall be a tax collector of the township appointed by the township committee upon recommendation of the administrator. The tax collector shall serve for a term of four years from the first day of January next following his appointment.
c. 
Assistant to the Tax Collector. There may be an assistant tax collector who shall be appointed by the township committee to serve until December 31 following his appointment. The assistant collector shall perform such duties as shall be fixed by resolution of the township committee and as may be assigned to him by the tax collector.
d. 
Duties of the Tax Collector. The tax collector shall:
1. 
Perform the functions of a collector of taxes under general law, including without limitation thereto the preparation and mailing of tax bills, enforcement of tax bills, enforcement of tax collections by tax sales and otherwise, and the maintenance of tax accounting records in such manner as may be prescribed or approved pursuant to ordinance; and in furtherance therefor, install and administer tax bill forms which include a bill for the first two quarters of each year with the bill for the final half of the preceding year.
2. 
Receive and collect all current and delinquent real and personal property taxes, charge and receive penalties and interest pursuant to law.
3. 
Maintain his office for the transaction of business on such days as the committee may by resolution require.
4. 
Make examinations of the records of the municipality to determine unpaid municipal liens and to certify the result thereof, to issue official certificates of searches and to collect such fees for the use of the township as are required by law.
5. 
Have custody of all municipal tax lien certificates.
[1]
Editor's Note: Former subsection 2-2.8 previously codified herein and containing portions of Ordinance Nos. 803-89 and 92-928 was repealed by Ordinance No. 94-973.
[Ord. #7/15/74; Ord. #606-82]
a. 
Established; Term. There shall be an assessor of the township who shall hold office for a four-year term to commence on July 1 next following his appointment and as may be provided by law.
b. 
The assessor shall:
1. 
Perform such duties as are required by law.
2. 
Maintain and keep current required records, tax maps, and property assessments.
3. 
Supervise all programs of property revaluation.
[Ord. #7/15/74; Ord. #601-81; Ord. #02-1258; Ord. No. 2016-1634]
a. 
Establishment. A Police Department is hereby established in the Township, under the name of "Police Department of the Township of Hopewell, Mercer County, New Jersey."
The following positions and line of authority are hereby created:
1. 
One Chief of Police.
2. 
One Captain.
3. 
Two Lieutenants.
4. 
Five Sergeants.
5. 
Forty Police Officers.
The creation of these positions shall not require the Township Committee to fill each position and any position hereunder established may, in the sole discretion of the Township Committee, remain vacant.
b. 
Designation of Appropriate Authority. In accordance with N.J.S.A. 40A:14-118, the Township Committee is hereby designated as the "Appropriate Authority." The Appropriate Authority shall be responsible for the overall performance of the Police Department. The Appropriate Authority shall adopt and promulgate rules and regulations for the governance of the Police Department and for the discipline of its members.
c. 
Chief of Police; Powers and Duties. The Township shall appoint a Chief of Police who shall have all of the powers set forth in N.J.S.A. 40A:14-118 and who shall be directly responsible to the Appropriate Authority for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the Township Committee:
1. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
2. 
Have, exercise and discharge the functions, powers and duties of the force.
3. 
Prescribe the duties and assignments of all subordinates and other personnel.
4. 
Delegate authority as the Chief may deem necessary for the efficient operation of the force to be exercised under the Chief's direction and supervision.
5. 
Report at least monthly to the appropriate authority in such form as shall be prescribed by the Township Committee on the operation of the force during the preceding month, and make such other reports as may be requested by the Township Committee.
d. 
Appointment of Police Officers.
1. 
All members of the Hopewell Township Police Department shall be appointed by the Township Committee in accordance with N.J.S.A. 40A:14-118 et seq.
2. 
Appointments to the Hopewell Township Police Department shall be made in accordance with the Police Department Rules and Regulations which have been approved by the Township Committee in accordance with subsection 2-2.10e.
e. 
Rules and Regulations. The Township Committee shall, by resolution, as in its judgment may seem necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. The rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all members of the Police Department shall be subject to such rules and regulations and penalties.
f. 
Disciplinary Action.
1. 
Disciplinary action shall be taken against employees of the Police Department in accordance with the rules and regulations adopted by resolution pursuant to subsection 2-2.10e above.
2. 
Disciplinary action against an employee may include oral reprimand, written reprimand, fine, suspension, demotion and/or removal from the police force.
3. 
No sworn officer shall be suspended, removed, fined or reduced in rank from or in office, employment, or position therein, except for just cause and then only upon a written complaint setting forth the charge or charges against such officer in accordance with N.J.S.A. 40A:14-147 et seq. and this paragraph:
(a) 
The complainant shall file the complaint with the Chief of Police and simultaneously serve a copy upon the respondent.
(b) 
The complaint shall specify the disciplinary charge(s) and shall notify the respondent of the date, time and place of the hearing which shall be not less than 10 nor more than 30 days from the date of service of the complaint. Failure to comply with the provisions of this subsection as to the service of the complaint shall require dismissal of the complaint.
(c) 
A complaint charging a violation of the rules and regulations adopted pursuant to subsection 2-2.10e above shall be filed no later than the forty-fifth-day after the date on which the person filing the complaint obtains sufficient information to prepare the complaint. The forty-five-day time limit shall not apply if an investigation of a respondent for a violation of the rules or regulations is included directly or indirectly within a concurrent investigation of that officer for violation of the criminal laws of this State, in which case the forty-five-day limit shall begin on the day after the disposition of the criminal investigation. A failure to file a complaint within the forty-five-day limit of this paragraph shall require dismissal of the complaint, except that the forty-five-day limit shall not apply to complaints filed against respondents by private individuals. Upon the filing of a complaint by a private individual, the Chief of Police shall cause the Department to conduct an internal investigation. If the internal investigation finds probable cause to believe that there has been a violation of Department rules and regulations, the officer in charge of the investigation shall file departmental charges and the matter shall proceed as otherwise provided in this subsection. If the internal investigation does not find probable cause, departmental charges shall not be filed.
(d) 
The Chief of Police shall be the hearing officer relative to all disciplinary proceedings involving a permanent sworn member of the Police Department when the penalty is a suspension of five days or less. The Chief of Police shall review each and every disciplinary matter involving a sworn officer and shall determine whether on the face of the complaint, the penalty for the alleged charges would exceed the above limit. If the penalty will involve a suspension of more than five days, a demotion or dismissal from the Department, an independent hearing officer appointed by the Township Committee shall conduct the hearing and make recommended findings and conclusions to the Township Committee which shall retain full authority to accept, reject or modify the hearing officer's recommendation and to make a final determination.
(e) 
All disciplinary hearings shall be held in accordance with the provisions of N.J.S.A. 40A:14-148.
(f) 
Any sworn police officer who has been tried and convicted under this subsection may obtain a review thereof by the Superior Court of New Jersey pursuant to N.J.S.A. 40A:14-150. All such appeals from decisions of the hearing officer, whether it was the Chief of Police or the Township Committee, shall be taken directly to the Superior Court.
g. 
Civilian Dispatchers and School Crossing Guards. In addition to the regular members of the police force provided for in subsection 2-2.10d, the Township Committee may also employ persons 18 years of age or older as civilian dispatchers and school crossing guards for the Police Department. Persons shall be appointed to the office of civilian dispatcher and school crossing guards for the Police Department on an annual basis and shall be citizens of the United States; shall be able to read, write and speak the English language; and shall be of good moral character and never have been convicted of a crime. Such person shall be hired in accordance with the hiring procedures set forth in the Police Department Selection policy.
[Ord. #7/15/74; Ord. #94-973; Ord. #94-989]
a. 
There shall be a department of public works of the township, the head of which shall be the director of public works.
b. 
The department of public works shall:
1. 
Maintain and repair all township streets, bridges, culverts and drains within the township.
2. 
Construct and reconstruct streets, roads, bridges, culverts and drains; treat road surfaces and resurface streets and roads according to such standards and schedules as directed or approved by the township engineer.
3. 
Maintain all township streets in a clean and safe condition, free of obstructions and hazards and remove snow and ice therefrom as required.
4. 
Receive applications for and issue street opening permits.
5. 
Provide, operate and maintain such other services and facilities as the township committee shall direct.
[Ord. #7/15/74; Ord. #94-973]
a. 
There shall be a municipal construction office which shall consist of the municipal construction officer and such other subcode officials as are appointed by the township committee.
b. 
Functions of the municipal construction official.
1. 
The municipal construction official shall enforce and administer the Uniform Construction Code.
[Ord. #94-973; Ord. #14-1597; Ord. No. 2017-1654]
a. 
There shall be a Department of Community Development which shall consist of a Community Development Director as is appointed by the Township Committee.
b. 
The Community Development Director shall be the Zoning Officer and shall also perform the duties of Planning Board Secretary and Zoning Board Secretary.
c. 
The Zoning Officer shall enforce and administer the zoning ordinances.
d. 
The Planning Board Secretary and Zoning Board Secretary shall perform all duties as set forth by N.J.S.A. 40:55D.
e. 
The Township Committee may appoint an Assistant Community Development Director upon recommendation of the Administrator who shall serve for a term concurrent with that of the Community Development Director and have all the power, authority and responsibilities of the Community Development Director in his or her absence.
[Ord. #7/15/74; Ord. #94-973]
a. 
Established. There shall be a township engineer appointed by the township committee for a three-year term which term shall commence January 1 of the year of his appointment.
b. 
Powers and Duties Generally. The township engineer shall be the engineering consultant to the township committee and to all departments except as may be otherwise provided by ordinance. In furtherance of his general powers, and without limitation thereto, he shall:
1. 
Be responsible for all matters relating to the design, construction and maintenance of the physical properties of the township.
2. 
Direct and supervise the preparation of plans and specifications and the writing and performance of contracts for all township improvements.
3. 
Provide all engineering and mechanical services required by the township committee and any department of the township except as may otherwise be provided.
4. 
Have such other and different functions, powers and duties as may be provided by ordinance or resolution.
c. 
Assistant Township Engineer. There may be an assistant township engineer appointed by the township committee for a three-year term. He shall receive such compensation as provided by ordinance and, in the case of special services, by resolution. He shall assist the township engineer in the performance of his duties and shall be responsible to the township engineer for the proper completion thereof.
[Ord. #04-1311]
a. 
The personnel policies of the township shall be set forth in a document entitled Personnel Policy and Procedures Manual.
b. 
The Personnel Policy and Procedures Manual, and any amendments thereto, shall be adopted by resolution of the township committee and shall have the same force and effect as if they were set forth at length in this subsection.
c. 
A copy of the Personnel Policy and Procedures Manual shall be provided to each employee; copies of all amendments thereto shall be provided to each employee immediately after adoption of any such amendment. Implementation, enforcement and interpretation of the Personnel Policy and Procedures Manual shall be the responsibility of the township administrator.
[Ord. #7/15/74; Ord. #04-1311]
The head of each department, under the supervision of the township administrator, and subject to this revision and all other ordinances, shall:
a. 
Prescribe the internal organization of the department and the duties of subordinate officers and employees within the department.
b. 
Assign functions, powers and duties to subordinate officers and employees within the department, and modify such assignments as need appears.
c. 
Supervise the work of the department and such other organization units as may be assigned to such departments by the township committee.
d. 
Delegate to subordinate officers such of his powers as he may deem necessary for efficient administration.
[Ord. #452; Ord. #04-1311]
a. 
The official work week of the township shall be a five-day, forty-hour week, totaling 2,080 hours for a work year. The township committee, however, by resolution, may reduce the hours of work required of employees in specific departments to not less than 35 hours per week.
b. 
The administrator shall set forth the hours of work for each department, including the amount of time that shall be allowed for lunch. In specialized functions, such as the police department, or public works department, and any other appropriate functions, employees may be scheduled for work according to a schedule other than the typical five-day, forty-hour work week, provided, however, that the effect of such schedule over a full year cycle substantially results in an equivalent amount of work hours as if such employees were working a five-day, forty-hour work week.
[Ord. #7/15/74; Ord. #14-1592]
There shall be a municipal court in the township which shall possess and exercise all powers conferred by N.J.S.A. 2A:8-1 et seq. or by any other law. It shall be known as "The Municipal Court of the Township of Hopewell."
[Ord. #7/15/74; Ord. #14-1592]
There shall be a municipal judge who shall be appointed by the township committee and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
[Ord. #7/15/74; Ord. #14-1592]
The municipal judge will sit every Tuesday from 8:30 a.m. until the calendar is completed and at such other times as the business of the court may require. The municipal judge will exercise the functions, powers, duties and jurisdiction of the municipal court.
[Ord. #7/15/74]
a. 
Term. There shall be a municipal court clerk who shall be appointed by the township committee for a term of one year from January 1 of the year of appointment.
b. 
Duties. The municipal court clerk shall:
1. 
Carry out the rules, regulations, policies and procedures relating to the operation of the court.
2. 
Interview and speak to prospective complainants; receive complaints and dispense information relating to court matters.
3. 
Maintain the financial records of the court.
4. 
Attend court, take minutes of the trials and enter them in the docket, arrange trial calendars; sign court documents; prepare and issue warrants and commitments.
5. 
Take and prepare bail bonds, making inquiry as to their sufficiency and equity; receive and account for fines and costs.
6. 
Interview persons on informal policy court matters to determine if there is a basis for formal action, and, if necessary issue summonses requiring court appearances in this regard; maintain and classify records and files.
7. 
Act as violations clerk when designated by the municipal court.
[Ord. #7/15/74]
There shall be a deputy court clerk who shall be appointed by the township committee for a term of one year from January 1 of the year of appointment. During the absence or disability of the court clerk, the deputy court clerk shall have all the powers of the court clerk and shall perform the duties and functions of such office.
[Ord. #7/15/74]
In the absence of the clerk or deputy clerk, the judge of the municipal court may designate in writing an acting clerk or acting deputy clerk who temporarily shall have the authority to perform the duties of the clerk or deputy clerk to serve at such compensation and in the manner set forth in N.J.S.A. 2A:8-13.2.
[Ord. #7/15/74]
There shall be a Violations Bureau in the Township of Hopewell which shall exercise all functions as may be provided by rules of court. The municipal judge shall designate as the violations clerk such person as he shall determine in the manner provided by the rules governing the courts of the State of New Jersey.
[Ord. #7/15/74; New; Ord. #624-83, § 1; Ord. #11-1504, § 1; Ord. #11-1514 § 1; Ord. #13-1566, § 1; Ord. #2018-1688]
There shall be the following municipal and intermunicipal bodies:
a. 
Local Assistance Board, Welfare;
b. 
Environmental Commission;
c. 
Board of Health;
d. 
Finance Advisory Committee;
e. 
Economic Development Commission;
f. 
Planning Board;
g. 
Board of Adjustment;
h. 
Stony Brook Regional Sewerage Authority;
i. 
Shade Tree Advisory Committee;
j. 
Municipal Utilities Authority;
k. 
(Reserved)
l. 
Historic Sites Committee;
m. 
Parks and Recreation Advisory Committee;
n. 
Deer Management Advisory Committee.
[Ord. #7/15/74]
All members or township representatives and the chairman of any municipal or intermunicipal body shall be appointed as provided by law. In the absence of any statutory direction, they shall be appointed by the mayor, subject to the approval of the township committee, and for such term as is provided by ordinance or resolution. In the absence of any provision as to term, they shall serve until January 1 next following their appointment. Unless otherwise provided by law, all members and the chairman of any municipal body and the township representatives to any intermunicipal body shall be residents of the Township of Hopewell.
[Ord. #7/15/74]
Unless otherwise provided by law, any member, township representative or chairman of any municipal or intermunicipal body may be removed or suspended by the township committee for good cause. Good cause shall include incapacity, misconduct, inefficiency, material conflict of interest, pending indictment or habitual nonattendance to duties. Any such person shall be entitled to five days' written notice served upon him of the charge or charges made. He shall have the right to a hearing before the township committee and be heard in person or by counsel.
[Ord. #7/15/74]
Unless otherwise provided by law, any vacancy shall be filled in the same manner as the initial election or appointment and shall be only for the unexpired term remaining. Temporary appointments shall be made in the same manner as the initial election or appointment but shall be only for the period of suspension.
[Ord. #7/15/74]
Unless otherwise provided, any municipal body may request the professional or other assistance of any appointive township officer or department head. Such request shall be made to the administrator and shall be liberally authorized by him.
[Ord. #7/15/74]
Each municipal body and, where not otherwise maintained, the township representative to an intermunicipal body, shall keep records of its meetings and activities. Where not otherwise provided, the same shall be filed with the township clerk and are public records.
[Ord. #7/15/74; New]
Each municipal body or township representative shall submit a report to the township committee annually or at such lesser intervals as the township committee shall direct. Such report shall set forth the activities of the particular body and such recommendations as may deem appropriate.
The chairman or township representative of each municipal or intermunicipal body or their designee shall prepare and submit to the township administrator in the month of October of each year detailed budgetary proposals for consideration by the township committee and shall consult with the township upon request of the administrator or committee.
[Ord. #7/15/74; New]
a. 
Unless otherwise provided by law, all municipal bodies shall prepare and submit proposed rules and regulations to the township committee. No rule or regulation shall be effective unless adopted by the township committee and filed with the township clerk.
b. 
The chairman of any municipal body empowered by law to enact its own rules and regulations and the township representative to any intermunicipal body shall also file the rules and regulations of this municipal or intermunicipal body with the township clerk.
c. 
All rules and regulations shall be kept on file by the township clerk.
[Ord. #7/15/74; New]
The township committee may appropriate funds for the expense incurred by any municipal or intermunicipal body and shall appoint such clerks and other employees as any such body may require. Where the power of appointment is in the municipal or intermunicipal body, it shall nevertheless be empowered to make expenditures only within the limits of the funds appropriated to it. All such bodies are nonetheless requested to consult with the township committee and/or administrator on all such appointments to the end that existing township personnel and facilities might be shared.
[Ord. #7/15/74]
There shall be a local assistance board.
[Ord. #7/15/74; Ord. #548-80; Ord. #96-1037]
The local assistance board shall be composed of three persons, at least one of whom shall be a woman, appointed by the mayor upon approval of the township committee. The term of one member shall be for one year and such member only may be appointed from among the membership of the governing body. The terms of the other members shall be for four years each, one term expiring in each year. The local assistance board shall organize and select a chairman and a secretary. It shall appoint a director of welfare who shall hold office for a term of five years and be paid such salary as is fixed by the board and approved by the township committee.
[Ord. #7/15/74]
a. 
The local assistance board shall provide public assistance to persons eligible thereto residing in the township in accordance with law and such regulations as the board shall from time to time promulgate and shall supervise the work of the director of welfare.
b. 
The director of welfare shall:
1. 
Supervise, through monthly visits, welfare recipients.
2. 
Re-evaluate such person's needs on a monthly basis.
3. 
Maintain required and appropriate records.
4. 
Bring about actions for commitment where appropriate.
[Ord. #7/15/74]
There shall be an environmental commission to be known as "The Hopewell Township Environmental Commission."
[Ord. #7/15/74; Ord. #06-1365]
a. 
Membership and Appointment. The commission shall consist of seven members appointed by the mayor, one of whom shall be a member of the planning board. The members shall serve without compensation, except as hereafter provided. The mayor shall designate one of the members to serve as chairman and presiding officer of the commission.
b. 
Alternate Members. There shall be two alternate members, appointed by the mayor, designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
[Ord. #7/15/74; Ord. #06-1365]
The term of office of the first commissioners shall be for one, two and three years, to be designated by the mayor, at the time of appointment, so that the terms of approximately one-third of the members will expire each year and their successors shall, thereafter, be appointed for terms of three years and until the appointment and qualification of their successors. The terms of the alternate members shall be for two years except the terms of the alternate members first appointed shall be for two years for Alternate No. 1 and one year for Alternate No. 2.
[Ord. #7/15/74]
The environmental commission shall have the power to conduct research into the use and possible use of open land areas of the township and may coordinate the activities of official bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans, pamphlets which, in its judgment, it deems necessary for its purposes, all within the limits of funds appropriated to it by the township committee or gifts which may have been made available for such purposes. It shall keep an index of all open areas, publicly or privately owned, including open marsh lands, swamps and other wetlands, in order to obtain information on the proper use of such areas and may recommend to the planning board of the township, plans and programs for inclusion in a municipal master plan and the development and use of such areas.
[Ord. #7/15/74]
The environmental commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the Township of Hopewell, by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the municipality.
[Ord. #7/15/74]
The commission may appoint such clerks and other employees as it may require and shall be within the limits of funds appropriated to it.
[Ord. #7/15/74; New]
Pursuant to the provisions of Title 26 of the Revised Statutes of the State of New Jersey, there is hereby created a board of health which shall have and exercise all the powers and perform all the duties provided for by law and any other statute heretofore or hereinafter enacted and applicable thereto. The board of health shall consist of five members, all of whom shall be members of the township committee. Their terms shall be coextensive with their terms as members of the township committee.
The board of health shall appoint, on the day of its organization, a place, day and hour for the regular meeting of the board for the hearing of complaints, reports, and general business, and shall cause to be published in the township newspaper notice of the same. At least one regular meeting shall be held in each year.
[Ord. #01-1212, § 1]
There is hereby established within the Township of Hopewell a board of health advisory committee.
[Ord. #01-1212, § 1]
The committee shall make recommendations to the township board of health as to those measures essential to meeting the health needs of the community.
[Ord. #01-1212, § 1; Ord. #02-1227, § 1; Ord. #07-1388, § 1]
a. 
Membership and Appointment. The board of health advisory committee shall consist of five regular voting members from Hopewell Township and two alternate voting members who may be residents from Pennington or Hopewell Borough, and shall be appointed by the township committee. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." All members of the committee, including alternate members, shall have expertise in health related fields. In addition, there shall be two nonvoting members appointed by the township committee, who shall serve as ex officio members of the committee. One of the ex officio members shall be a member of the township committee and at least one other shall be an employee of the township department of health.
b. 
Terms; Vacancies. The terms of office of the five regular voting members of the committee shall be as follows, with said designation to be made by the Township Committee at the time of appointment: two members shall serve for a three-year term; two members shall serve for a two-year term; and one member shall serve for a one-year term. Thereafter, all future members of the committee shall be appointed for three year terms. The terms of office of the two alternate voting members of the committee shall be as follows, with said designation to be made by the township committee at the time of appointment: the term of the "Alternate No. 1" member shall be for a period of two years, and the term of the "Alternate No. 2" member shall be for a period of one year. Thereafter, all future alternate members shall be appointed for two year terms. In no instance shall the terms of both alternate members expire in any one year. The advisory committee shall elect, at its first meeting of the year, one of its voting members to serve as chairperson and one member as vice-chairperson of the committee for a one-year term. A recording secretary shall also be appointed by the committee. In the event of a vacancy occurring on the committee other than by the expiration of a term, such vacancy shall be filled for the unexpired term in the same manner as referenced above.
c. 
Removal and Absenteeism. The township committee may remove any member of the committee for cause by a majority vote after written charges have been served upon the member and after a hearing on such charges at which time the member shall be entitled to be heard in person or by counsel. Absence from three consecutive meetings or from 50% of the committee's regularly scheduled meetings in a year may constitute cause for removal. The chairperson shall report to the township committee every six months as to such absenteeism.
[Ord. #01-1212, § 1; Ord. #07-1388, § 1]
a. 
Meetings. The board of health advisory committee shall meet at least four times annually, on such dates and at such times as established by the committee at its first meeting of the year, which meetings shall be held in accordance with the Open Public Meetings Act. Additional meeting may be held at the request of the chairperson or by agreement of a majority of members, provided timely public notice of the meeting is given in accordance with any applicable law.
b. 
Quorum. The presence of a majority of the authorized voting members of the board of health advisory committee shall constitute a quorum.
c. 
Rules. The board of health advisory committee shall have the power to establish rules for the conduct of its meetings.
[Ord. #01-1212, § 1]
The board of health advisory committee, in accordance with current State performance guidelines, shall:
a. 
Develop community health and environmental programs and projects, taking as its top priorities those items referred to it by the township board of health and the township committee.
b. 
Work in cooperation with the township department of health and the township health officer in order to establish priorities for health programs within the township and to form guidelines for the implementation of any such programs by the township department of health.
c. 
Issue reports and make recommendations to the township committee and/or the township board of health for local legislative action related to the health and environmental health needs of the community.
d. 
Review all proposed health and environmental health related ordinances prior to enactment by the township committee and/or the township board of health.
e. 
Establish fact-finding subcommittees with respect to health and environmental health related issues, if deemed necessary.
f. 
Exercise such additional powers, functions and duties as requested by the township committee and/or the township board of health.
[Ord. #01-1212, § 1]
The board of health advisory committee shall keep records of its meetings and activities and shall make an annual written report to the township committee and the township board of health.
[Ord. #7/15/74]
There shall be an industrial and economic commission to be known as "Hopewell Township Economic Development Commission."
[Ord. #7/15/74]
The commission shall consist of seven members, each of whom shall have been, for the last five years preceding his appointment, a citizen of the United States and a qualified voter of the State of New Jersey. Each shall be chosen with special view to his qualifications and shall be subject to the limitations imposed by statute, i.e. N.J.S.A. 40:55B-5. The members of the commission shall annually choose from among its members a chairman and such other officers as it may deem necessary.
The mayor shall be an ex officio member of the Economic Development Commission.
[Ord. #7/15/74; Ord. #611-82]
The term of each member shall be for five years. The term of the commissioners shall expire on December 31 of the first, second, third, fourth and fifth years next ensuing after the date of their appointment. One member shall be appointed for one year, one member for two years, one member for three years, two members for four years and two members for five years. At the expiration of each of the above terms, new members and members reappointed shall serve for a term of five years and until their successors are appointed and qualify.
[Ord. #7/15/74]
To effectuate its purposes, the commission shall have the power:
a. 
To sue and be sued.
b. 
To adopt and use an official seal.
c. 
To adopt suitable by-laws for the management of its affairs.
d. 
To determine the qualifications and duties of its employees, and to fix, subject to the foregoing provisions hereof, their compensation.
e. 
To enter into contracts.
[Ord. #7/15/74]
This commission constitutes the corporate instrumentality of the township for the following purposes:
a. 
To inquire into, survey and publicize the extent, advantages and utility of the vacant lands of such municipality, whether municipally owned or otherwise.
b. 
To classify such vacant lands according to their adaptability for the settlement thereon of various types of industrial, professional, commercial and other business enterprises.
c. 
To study and analyze the various industries, professional organizations and commercial and business enterprises of the nation and, to the extent it deems necessary for its purposes, the enterprises of other nations, with a view to ascertaining the opportunities for the economic expansion of the township. In this connection, the reports, records, statistics, compendia and similar documents of existing Federal, State, county, municipal and other governmental and public agencies, as well as of responsible private institutions, boards, agencies and similar bodies interested in the compilation of the information relating to economic development, shall be resorted to wherever possible in order to avoid unnecessary original research and gathering of source material.
d. 
To advertise the economic advantages and opportunities of the municipality and the availability of real estate within the municipality for economic development and to encourage and accomplish the settlement within the municipality of beneficial industries, professional organizations and commercial and business enterprises.
e. 
To solicit the several industries, professional organizations and other commercial and business enterprises to purchase or lease the vacant lands and property of or in the township.
f. 
To accomplish the sale or lease of the township's vacant lands to industries, professional organizations and other commercial and business enterprises whose settlement thereon is best calculated in the judgment of the commission to advance the interests of the township and of its citizens and inhabitants.
g. 
To acquire title to vacant land owned by the township for the purpose of resale or lease to industries, professional organizations and other commercial and business enterprises whose presence within the township will benefit in the judgment of the commission, its citizens and inhabitants.
h. 
To make a study of the tax structure with a view to reducing the tax burden of the municipality.
[Ord. #7/15/74]
The commission shall not:
a. 
Have any power of condemnation or eminent domain.
b. 
Have any power to pledge the credit of the township or to create any debt or in any manner act as the agent of the township or of the State of New Jersey.
The commission shall be additionally limited in its powers and functions as provided in N.J.S.A. 40:55 B-10.
[Reserved by Ordinance #572-80]
[1]
Editor's Note: See Chapter 17, Land Use and Development.
[Ord. #813-89]
a. 
Name. The Stony Brook Regional Sewerage Authority.
b. 
Intent.
1. 
To form a permanent organization jointly with the other participating municipalities, which is legally, administratively and fiscally competent to supervise the preparation of detailed plans and specifications by the consulting engineer, and to carry out a program of construction, operation and financing of a regional sewerage system.
2. 
To enable the prevention and abatement of pollution of the streams and other surface and ground waters of the Stony Brook Watershed and related land resources, and the correction and prevention of unsanitary and unhealthful conditions which exist or will develop for lack of proper public sanitary sewerage facilities, which prevention and abatement is vital to the public health and safety and to the economic development of the region comprised of the Boroughs of Hopewell, Pennington and Princeton and of the Townships of Hopewell, Princeton and West Windsor, and an area known as Princeton Farms and a contiguous parcel, all in the County of Mercer.
c. 
Authority Created. The Stony Brook Regional Sewerage Authority is hereby created upon the enactment of parallel ordinances by the other municipalities named in this section.
d. 
Powers and Duties. The sewerage authority hereby created shall have such functions, powers and duties as are provided by the Sewerage Authorities Law, as amended and supplemented and shall be governed, administered and financed to that law and any other provision of law applicable to such authorities.
e. 
Membership. The authority shall consist of six members, one to be appointed by each of the governing bodies in accordance with the provisions of the Sewerage Authorities Law, as amended and supplemented.
f. 
Filing. The township clerk is authorized and directed to file forthwith a duly certified copy of this section with the Secretary of State of New Jersey and with the municipal clerk of each of the municipalities named above.
[Ord. #7/15/74]
There shall be established "The Hopewell Township Municipal Utilities Authority."
[Ord. #7/15/74]
To create a municipal utility authority so as to enable:
a. 
The provision and distribution of an adequate supply of water for the public and private uses of the township.
b. 
Relief from the pollution of streams and waters through sewage, industrial and other wastes arising from causes within the township.
[Ord. #7/15/74]
The municipal utilities authority shall consist of five members. The members shall annually elect from among its members a chairman and a vice- chairman on or after February 1 of each year.
[Ord. #7/15/74]
Members' initial terms shall expire on the first days of the first, second, third, fourth and fifth Februaries next ensuing after the date of their appointment. On or after January 1 in each year thereafter, one person shall be appointed to serve for a term commencing February 1 in such year and expiring on February 1 in the fifth year after such year. Appointments to vacancies shall be for the unexpired term.
[Ord. #413]
Members of the township municipal utilities authority shall receive no compensation for their services as members.
[Ord. #7/15/74]
The municipal utilities authority shall have all the limitations set forth at length in N.J.S.A. 40:14B-1 et seq.
[Ord. #7/15/74]
The municipal utilities authority may appoint and employ a secretary, an executive director and a chief engineer, and it shall determine their qualifications, terms of office, duties and compensation. It may also appoint and employ such other agents as it may require and determine their duties and compensation.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 718-86, 93-945 and 97-1058.
[Ord. #7/15/74, Ord. #00-1142, § 2]
There is hereby established within the Township of Hopewell an historic preservation commission. All applicable regulations governing the historic preservation commission, as well as all regulations concerning the designation, establishment, preservation and regulation of historic landmarks and historic districts within the Township of Hopewell are set forth in more detail in Chapter 17, Land Use and Development.
[Ord. #99-1113]
The CATV advisory committee shall be composed of five members who shall meet the following criteria:
a. 
Each member of the committee shall be a township resident appointed by the township committee.
b. 
One member of the committee may be a member of the board of education or its designee.
c. 
One member of the committee shall be a member of the township committee.
d. 
All members of the committee shall serve without compensation.
[Ord. #99-1113]
a. 
The committee shall designate one of its members to serve as chairperson and presiding officer of the committee for a one-year term.
b. 
All members of the committee shall serve two year appointments.
[Ord. #99-1113]
a. 
The township committee may remove any member of the committee for cause after written charges have been served upon the member and after a hearing on such charges at which time the member shall be entitled to be heard in person or by counsel.
b. 
In the event of a vacancy occurring on the committee other than by expiration of a term, such vacancy shall be filled for the unexpired term.
c. 
Any member of the committee who misses three consecutive regular monthly meetings shall be considered to have vacated his appointment.
[Ord. #99-1113]
The CATV advisory committee shall:
a. 
Develop a plan for education and municipal uses of cable, including such uses as:
1. 
Coordinating the use of access channels.
2. 
Sharing production facilities and equipment.
3. 
Using or leasing additional channels.
4. 
Involvement of volunteer and citizen groups within the service area.
5. 
Monitor the progress of the township's CATV franchisee in meeting its obligations under the Municipal Consent Ordinance.
6. 
Review all proposed changes to the stipulations of the Municipal Consent Ordinance as recommended by the township's CATV franchise.
7. 
Recommend the Township's application for any grants appropriate for its purposes.
8. 
Investigate the possibility of broadcasting meetings of the Hopewell Township Committee and the municipal bodies.
[Ord. #99-1113]
The committee shall keep records of its meetings and activities and shall make an annual report to the township committee.
[Ord. #99-1135, § 1]
There is hereby established an open space advisory committee within the Township of Hopewell, which shall be a joint committee composed of representatives of the Township of Hopewell, the Borough of Hopewell and the Borough of Pennington.
[Ord. #99-1135, § 1]
It is the intent of the township and its partner municipalities to embark upon a long range program in order to acquire and preserve natural resources in order to manage the pace of growth, enhance property values and otherwise benefit the health, safety and welfare of the residents of Hopewell Township, Hopewell Borough and Pennington Borough.
[Ord. #99-1135, § 1; Ord. #09-1458, § I]
a. 
Membership and Appointment. The open space advisory committee shall be composed of nine regular members, consisting of five regular members appointed from Hopewell Township, two regular members appointed from Hopewell Borough and two regular members appointed from Pennington Borough. The five Hopewell Township regular members shall be appointed by the mayor with the advice and consent of the township committee. The appointment of the two Hopewell Borough regular members and the two Pennington Borough regular members shall be as set forth by their respective governing bodies.
b. 
Alternate Members. Each municipality shall appoint two alternate members who shall be appointed in the same manner as the regular members. The alternate members may participate in all committee discussions but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
c. 
Terms; Vacancies. The terms of the five Hopewell Township regular members first appointed under this section shall be as follows: two regular members shall serve for a three-year term; two regular members shall serve for a two-year term; and one regular member shall serve for a one-year term. Thereafter, all future Hopewell Township regular members shall be appointed to a three-year term. The alternate members shall serve for a term not exceeding three years duration. Vacancies shall be filled for the unexpired term in the same manner as the initial appointment. The terms of the non-Hopewell Township regular and alternate members shall be as set forth by the governing bodies of Hopewell Borough and Pennington Borough, respectively.
d. 
Quorum. The presence of five members, which may include alternate members filling the vacancies of regular members, shall constitute a quorum.
e. 
Removal. A member of Hopewell Township's delegation to the Committee may, after a public hearing if requested, be removed for cause by a majority vote of the Hopewell Township Committee.
[Ord. #99-1135, § 1]
a. 
Officers. The open space advisory committee shall select from its members a chairperson and vice-chairperson to serve as the presiding officer in the absence of the chairperson. The committee shall also select a secretary whose function shall be to manage minutes of the committee's meetings and records of the proceedings of the committee.
b. 
Initial Organization Meeting. The committee shall hold its initial organization meeting within 60 days after the final adoption of this section.
c. 
Meetings. The committee shall hold public meetings, which public meetings shall be held in accordance with the Open Public Meetings Act.
[Ord. #99-1135, § 1]
The open space advisory committee shall:
a. 
Study and determine the existence of farmland and open space properties within the area.
b. 
Make recommendations to the governing bodies of the three participating municipalities as to those properties which it has determined meet the criteria for possible acquisition, whether in fee, by easement or by means of development rights.
c. 
Prepare a farmland and open space plan which shall be submitted to the governing bodies of the three participating municipalities on an annual basis. The plan shall contain an updated inventory of farmland and open space properties within the area, and include recommendations for the acquisition or preservation of certain land, whether in fee, by easement or by means of development rights.
d. 
Establish a farmland and open space tracking program to catalog the status of privately owned farmland and open space in the area and record the progress of the participating municipalities with respect to farmland and open space preservation.
e. 
Provide guidance and support to their governing bodies and planning boards on issues and matters of farmland and open space.
f. 
Perform such other advisory duties as are requested by the governing bodies and planning boards of the participating municipalities.
[Ord. #99-1134, § 2; Ord. #03-1275]
There is hereby established a reserve in the township's general capital fund which shall be known and designated as the open space trust fund (the fund). A separate bank account shall be opened and maintained for this purpose.
[Ord. #99-1134, § 2; Ord. #03-1275]
The open space trust fund shall be funded through the dedication to the fund of an amount as determined from time to time by the registered voters of the township pursuant to N.J.S.A. 40:12-15.7 donations and testamentary requests made for the purposes enumerated in N.J.S.A. 40:12-15.7 shall be deposited in this fund. The monies accumulated within the fund may be utilized for the acquisition of land, easements and/or development rights, acquisition of historic properties and structures or as a down payment for the issuance of bonds for the same purpose at the discretion of the township committee. Any and all interest accruing shall remain in the fund and may be utilized for the above- described purpose.
[Ord. #99-1134, § 2; Ord. #03-1275]
Funds from the account may be used, as directed by the township committee, to acquire, develop and maintain vacant land, easements and development rights for open space public recreation, conservation and/or farmland and historic properties and structures for preservation purposes. Funds from the account may also be used to acquire land that has improvements upon it at the time of acquisition, provided that the principal purpose of the acquisition is to preserve open space. In the event that the township committee shall find it appropriate to apportion the cost of acquisition between open space and improvements, it may do so and charge the open space trust fund for the approximate value that it deems appropriate relative to open space and the township's capital account for the value that it determines attributable to improvements. Money from the fund may also be used to cover expenses related to the authorized acquisition, including but not limited to appraisals, surveys, title searches and legal fees.
[Ord. #13-1566, § 2]
There is hereby established a finance advisory committee within the Township of Hopewell.
[Ord. #13-1566, § 2]
The committee shall make recommendations to the township regarding the township finances and budget.
[Ord. #13-1566, § 2]
a. 
Membership and Appointment. The finance advisory committee shall be composed of seven members; five regular members and two alternate members who shall be appointed by the mayor with the advice and consent of the township committee. The alternate members may participate in all committee discussions but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
b. 
Terms; Vacancies. The terms of the initial five regular members first shall be as follows: two regular members shall serve for a three-year term; two regular members shall serve for a two-year term; and one regular member shall serve for a one-year term. Thereafter, all future regular members shall be appointed to a three-year term. The alternate members shall be appointed for a one-year term. Vacancies shall be filled for the unexpired term in the same manner as the initial appointment.
c. 
Removal and Absenteeism. The township committee may remove any member of the committee for a cause by a majority vote after written charges have been served upon the member and after a hearing on such charges at which time the member shall be entitled to be heard in person or by counsel. Absence from three consecutive meetings or from 50% of the committee's regularly scheduled meetings in a year may constitute cause for removal.
[Ord. #13-1566, § 2]
a. 
Meetings. The finance advisory committee shall meet at least monthly, on such dates and at such times as established by the committee at its first meeting of the year, which meetings shall be held in accordance with the Open Public Meetings Act. Additional meetings may be held at the request of the chairperson or by agreement of a majority of members, provided timely public notice of the meeting is given in accordance with any applicable law. The committee shall hold its initial organization meeting within 60 days after the final adoption of this section.
b. 
Officers. The finance advisory committee shall select from its members a chairperson and vice-chairperson to serve as the presiding officer in the absence of the chairperson. The committee shall also select a secretary whose function shall be to manage minutes of the committee's meetings and records of the proceedings of the committee.
c. 
Quorum. The presence of a majority of the committee shall constitute a quorum.
d. 
Rules. The committee shall have the power to establish rules for the conduct of its meetings.
[Ord. #13-1566, § 2]
The finance advisory committee shall:
a. 
Provide guidance and support to the governing body on issues and matters related to the township finances and budget.
b. 
Perform such other advisory duties as requested by the governing body.
[Ord. #7/15/74; Ord. #556-80; Ord. #91-893]
The rate of interest to be charged for nonpayment of taxes or assessments on or after the date when they would become delinquent is hereby fixed at 8% per annum on the first $1,500 of the delinquency, and 18% per annum on any amount in excess of $1,500 except that no interest shall be charged if payment of any installment is made within 10 days after the date upon which the same became payable.
[Ord. #403; Ord. #91-893]
A penalty rate of 6% is hereby fixed on any delinquency in excess of $10,000 which was not paid in the calendar year due. "Delinquency" is defined as the sum of all taxes and municipal charges due on a given parcel of property covering any number of quarters or years which were not paid when due.
[Ord. #93-929]
a. 
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the mayor of the Township of Hopewell is hereby authorized to enter into a cooperative pricing agreement with the lead agency.
b. 
The lead agency entering into contracts on behalf of the Township of Hopewell 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.
c. 
This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Township of Hopewell.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 532, 569-80 and 725-87.
[Ord. #622-82; Ord. #727-87; Ord. #758-88; Ord. #794-89; Ord. #90-826; Ord. #91-874, § 1; Ord. #92-905; Ord. #93-936; Ord. #94-972; Ord. #94-999; Ord. #95-1030]
Whereas, it is the desire of the governing body of the Township of Hopewell to provide police protection services for residents of the Borough of Hopewell during 1996; and the Interlocal Services Act permits a local unit to enter into a contract with another local unit for the provision of a service which any party to the agreement is empowered to render. (N.J.S.A. 40:8A-1 et seq.).
[Ord. #622-82, § 1; Ord. #727-87; Ord. #758-88; Ord. #759-89, § 1; Ord. #90-826, § 1; Ord. #91-874, § 2; Ord. #92-905, § 1; Ord. #93-936, § 1; Ord. #94-972, § 1; Ord. #94-999, § 1; Ord. #95-1030, § 1]
The Township of Hopewell is hereby authorized to enter into a contract with the Borough of Hopewell for police protection services for 1996 for a fee of $225,000 for the Borough of Hopewell. Said services shall be furnished and rendered by the Township of Hopewell pursuant to a contract,[1] a copy of which is annexed hereto.
[1]
Editor's Note: A complete copy of the contract can be found on file in the office of the township clerk.
[Ord. #622-82, § 2; Ord. #727-87; Ord. #794-89, § 2; Ord. #90-826, § 2; Ord. #91-874, § 3; Ord. #92-905, § 2; Ord. #93-936, § 2; Ord. #94-972, § 2; Ord. #94-999, § 2; Ord. #95-1030, § 2]
This section shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Borough of Hopewell and if said municipality has already adopted such an ordinance, upon passage and publication as provided by law.
[Ord. #95-1030, § 3]
The Township of Hopewell authorizes contract duration as specified in the contract, a copy of which is filed in the office of the township clerk.
[Ord. #666-84, § 1]
There shall be formed a regional planning group which shall be known as Mercer County Planning Council.
[Ord. #666-84, § 2]
The Mercer County Planning Council representatives from Hopewell Township shall be the mayor or his/her designee. The term of office of each such representative shall be two years. In addition, the county executive of Mercer County or his designee, shall be a member of the Mercer County Planning Council.
[Ord. #666-84, § 3]
Members of the Mercer County Planning Council shall serve without salary but may be paid expenses in the performance of duties.
[Ord. #666-84, § 4]
The Mercer County Planning Council shall prepare, adopt and/or administer a regional housing development plan and strategy, with respect to the provision of low and moderate housing throughout Mercer County, such plan and strategy to be advisory only; and the formulation of such plan and strategy shall constitute the performance of an advisory duty assigned by ordinance or resolution pursuant to N.J.S.A. 40:55D25b(3) and shall not be construed to limit in any manner any of the powers of any municipal planning board.
[Ord. #666-84, § 5]
The Mercer County Planning Council shall elect a chairman and vice chairman from among its members. Their terms of office shall each be one year, and they shall be eligible for reelection. The Council shall also select a secretary, who may but not need be a member of the council and it may create and fill such other offices as it shall determine.
[Ord. #666-84, § 6]
The County of Mercer shall provide staff support to the Mercer County Planning Council, as the need arises.
[Ord. #666-84, § 7]
The Mercer County Planning Council shall continue until terminated by a majority of the constituent municipalities.
[Ord. #711-86, § 1]
It is the intent and purpose of this section to provide for the defense of actions against and the indemnification of public employees as permitted by N.J.S.A. 59:10-1, et seq.
[Ord. #711-86, § 1]
As used in this section:
EMPLOYEE
Shall mean and include any officer, employee, or servant, whether or not compensated or part-time individual members of appointed boards and committees and elected officials, who are authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
PUBLIC EMPLOYEE
Shall mean any employee or former employee of the township.
[Ord. #711-86, § 1]
The township shall provide for the defense of any action brought against a public employee on account of any act or omission in the scope of his employment, and this obligation shall extend to any cross-actions, counterclaims or cross-complaint against such employee.
[Ord. #711-86, § 1]
The provisions of subsection 2-22.3 shall not be applicable when the township committee determines that:
a. 
The act or omission was not within the scope of employment.
b. 
The act or failure to act was because of actual fraud, willful misconduct or actual malice.
c. 
The defense of the action or proceeding would create a conflict of interest between the township and the public employee.
d. 
The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the township or by any other person.
e. 
The public employee failed to deliver to the township administrator, within 10 calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same.
f. 
The public employee has failed to cooperate fully with the defense.
[Ord. #711-86, § 1]
The township may provide any defense required of it under this section through an attorney from its own staff or by employing other counsel.
[Ord. #711-86, § 1]
Whenever the township provides any defense required of it under this section, the township, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense.
[Ord. #711-86, § 1]
In any case where the township is required to provide a defense under this section, the township shall pay or shall reimburse the public employee for:
a. 
Any bona fide settlement agreements entered into by the employee.
b. 
Any judgments entered against the employee.
c. 
If the township has failed to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses, together with costs of any appeal.
In addition, in any case where the township would be required to provide a defense under this section except for the fact that such defense is provided for by insurance, the township shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
Nothing in this section shall authorize the township to pay for punitive or exemplary damages or damages resulting from the commission of a crime.
[Ord. #747-87]
a. 
The council shall be responsible for the preparation and maintenance of an emergency operations plan.
b. 
The council shall be responsible for disseminating public information regarding the operations plan.
c. 
The council shall serve as the operations group implementing the plan and coordinating activities during a disaster emergency.
[Ord. #747-87]
The emergency management council shall be composed as follows: mayor, who shall serve as chairperson; township administrator; health officer; chief of police; superintendent of public works; superintendent of the school district; and the fire chief(s).
[Ord. #795-89; Ord. #90-827; Ord. #91-875; Ord. #92-906; Ord. #93-937; Ord. #94-976; Ord. #94-1000; Ord. #95-1004; Ord. #95-1029; Ord. #95-1031]
Whereas, it is the desire of the governing body of the Township of Hopewell to renew the agreements with the Borough of Pennington and the Borough of Hopewell for the provision of Public Health Services during 1996; and the Interlocal Services Act permits a local unit to enter into a contract with another local unit for the provision of a service which any party to the agreement is empowered to render (N.J.S.A. 40:8A-1, et seq.).
[Ord. #795-89, § 1; Ord. #90-827, § 1; Ord. #91-875, § 1; Ord. #92-906, § 1; Ord. #93-937, § 1; Ord. #94-976, § 1; Ord. #94-1000, § 1; Ord. #95-1004, § 1; Ord. #95-1029, § 1; Ord. #95-1031, § 1]
The Township of Hopewell is hereby authorized to renew and enter into contracts with the Boroughs of Pennington and Hopewell for the provision of Public Health Services in 1996 at a fee for the Borough of Pennington of $18,960 and a fee for the Borough of Hopewell of $14,710. Said services shall be furnished and rendered pursuant to a contract[1], a copy of which is annexed hereto.
[1]
Editor's Note: A complete copy of the contract can be found on file in the office of the township clerk.
[Ord. #795-89, § 2; Ord. #91-875, § 2; Ord. #91-906, § 2; Ord. #93-937, § 2; Ord. #94-976, § 2; Ord. #94-1000, § 2; Ord. #95-1004, § 2; Ord. #95-1029, § 2; Ord. #95-1031, § 2]
This section shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Borough of Pennington and the governing body of the Borough of Hopewell, and if said municipalities have already adopted such ordinances, upon passage and publication as provided by law.
[Ord. #795-89, § 3; Ord. #90-827, § 3; Ord. #91-875, § 3; Ord. #92-906, § 3; Ord. #93-937, § 3; Ord. #94-976, § 3; Ord. #94-1000, § 3; Ord. #95-1004, § 3; Ord. #1029, § 3; Ord. #95-1031, § 3]
The Township of Hopewell authorizes contract duration as specified in the contract, a copy of which is filed in the office of the township clerk.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 90-829.
[Ord. #96-1040]
The Township of Hopewell desires to contract with the Township of Hamilton for provision of certain professional health services for sexually transmitted diseases for the period January 1, 1996 through December 31, 1996; and the Township of Hamilton has agreed to provide certain health services to the Township of Hopewell for a fee; such agreements are authorized pursuant to N.J.S.A. 40:8A:1-et seq. The contract is in the best interest of the Township of Hopewell.
[Ord. #96-1040]
The interlocal services contract between the Township of Hopewell and the Township of Hamilton for the provision of professional health clinic services for sexually transmitted diseases is authorized and accepted and the proper officials of the Township of Hopewell are authorized to execute said contract.[1]
[1]
Editor's Note: A complete copy of the contract can be found on file in the office of the township clerk.
[Ord. #96-1040]
The contract should take effect upon the adoption of this section in accordance with law, the Township of Hamilton having adopted a similar ordinance on January 16, 1996.
[Ord. #90-839; Ord. #95-1008]
Whereas, it is the desire of the governing body of the Borough of Pennington to contract with the Township of Hopewell for administrative services related to the Uniform Fire Safety Code for the period January 1, 1995 through December 31, 1999, and the Interlocal Services Act permits a local unit to enter into a contract with another local unit for the provision of a service which any party to the agreement is empowered to render. (R.S. 40:8A-1, et seq.)
[Ord. #90-839, § 1; Ord. #95-1008, § 1]
The Township of Hopewell is hereby authorized to enter into contract with the Borough of Pennington for Uniform Fire Safety Code Administrative Services for the period January 1, 1995 through December 31, 1999. Said services shall be furnished and rendered by the Township of Hopewell pursuant to contract, copy of which is annexed hereto.
[Ord. #90-839, § 2; Ord. #95-1008, § 2]
This section shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Borough of Pennington and if said municipality has already adopted such ordinance, upon passage and publication as provided by law.
[Ord. #90-840; Ord. #93-938; Ord. #94-980]
Whereas, it is the desire of the governing body of the Township of Hopewell to provide Basic Life Support Service for residents of the Borough of Pennington during 1994; and the Interlocal Services Act permits a local unit to enter into a contract with another local unit for the provision of a service which any party to the agreement is empowered to render. (R.S. 40:8A-1, et seq.)
[Ord. #90-840, § 1; Ord. #93-938, § 1; Ord. #94-980, § 1]
The Township of Hopewell is hereby authorized to enter into contract with the Borough of Pennington to provide Basic Life Support Services for 1994 for residents of the Borough of Pennington. Said Services shall be furnished and rendered by the Township of Hopewell pursuant to contract, copy of which is annexed hereto.[1]
[1]
Editor's Note: A complete copy of the contract can be found on file in the office of the township clerk.
[Ord. #90-840, § 2; Ord. #93-938, § 2; Ord. #94-980, § 2]
This section shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Borough of Pennington and if said municipality has already adopted such ordinance, upon passage and publication as provided by law.
[Ord. #241; Ord. #90-854]
Any person claiming payment from the municipality shall present a detailed bill of demand (R.S. 40A:5-16) to the ordering department, duly certified (or in the alternative, supported by an affidavit of the claimant).
[Ord. #241; Ord. #90-854]
It shall be the duty of the departmental clerk to see that the signature of the officer, or employee, who has been duly designated by the local unit to certify that the materials have been received by or the services rendered to the local unit, appears on every claim. (R.S.40A:5-16)
[Ord. #241; Ord. #90-854]
Claims shall then be presented to the chairman of the department responsible for the placing of the order, who, if satisfied the claims are proper shall approve same. After such approval is given, the chairman shall file the claims with the administrator and the chief financial officer who shall then present these claims to the governing body for formal approval at a regular meeting.
[Ord. #241; Ord. #90-854]
Claims shall be considered by the governing body which shall approve the same, except that said governing body may reject any claim presented to it stating the reason for such rejection. Any disapproved claim shall be referred back to the administrator and the chief financial officer with such instructions as the governing body may give at the time of disapproval.
[Ord. #241; Ord. #90-854]
It shall be the duty of the municipal clerk to record all claims in the official minutes indicating that the governing body has by formal action approved the same with appropriate record as to any claims disapproved or rejected.
[Ord. #241; Ord. #90-854]
It shall be the duty of the municipal clerk or such other officer designated by resolution of the governing body, to indicate on said claims that they have been approved for payment, with the date of approval noted thereon.
[1]
Editor's Note: Former Section 2-29, Code of Ethics, established by Ordinance No. 91-891, was repealed in its entirety by Ordinance No. 92-913.
[Ord. #01-1194, § 1]
There is hereby established within the Township of Hopewell an "Agricultural Advisory Committee."
[Ord. #01-1194, § 1]
The committee is established in order for the township to meet the eligibility requirements for grants provided under the "Farmland Preservation Planning Incentive Grant Program," N.J.S.A. 4:1C-43.1, for purposes of farmland preservation within the township.
[Ord. #01-1194, § 1; Ord. #03-1271; Ord. #03-1271]
a. 
Membership and Appointment. The agricultural advisory committee shall consist of five regular members, who shall be appointed by the mayor with the advice and consent of the township committee. All members of the committee shall be residents of the township, with a majority of the members actively engaged in farming and owning a portion of the land which they farm. On an annual basis, a member of the governing body may be appointed to serve as an ex officio member of the committee, with said appointment to be made by the mayor with the advice and consent of the township committee.
b. 
Alternate Members. There shall be two alternate members who shall be appointed in the same manner as the regular members. The alternate members may participate in all committee discussions but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
c. 
Terms; Vacancies. The terms of office of the first five regular members of the committee shall be as follows, with said designation to be made by the mayor at the time of appointment: two members shall serve for a three-year term; two members shall serve for a two-year term; and one member shall serve for a one-year term. Thereafter, all future members of the committee shall be appointed for three-year terms. The alternate members shall serve for a term not exceeding three years duration. The committee shall designate one of its members to serve as chairperson and presiding officer of the committee for a one-year term. In the event of a vacancy occurring on the committee other than by the expiration of a term, such vacancy shall be filled for the unexpired term in the same manner as referenced above.
d. 
Removal. The township committee may remove any member of the committee for cause by a majority vote after written charges have been served upon the member and after a hearing on such charges at which time the member shall be entitled to be heard in person or by counsel.
[Ord. #01-1194, § 1]
The agricultural advisory committee shall:
a. 
Report to the township planning board.
b. 
Assist with the preparation of a farmland preservation plan element of the master plan of the township.
c. 
Make recommendations and provide guidance to the governing body and the planning board with respect to the completion and submission of grant applications.
d. 
Identify project areas of multiple farms that are reasonably contiguous and located in an agriculture development area, and provide such other information as may be required by the grant applications.
e. 
Perform such other advisory duties as are requested by the governing body and the planning board with respect to issues and matters of farmland preservation and development of the agricultural industry in the township.
[1]
Editor's Note: Former Section 2-30, Community Activities and Recreation Advisory Committee, previously codified herein and containing portions of Ordinance No. 94-965 was repealed in its entirety by Ordinance No. 1057.
[Ord. #03-1276, § I; Ord. #07-1408, § I]
A youth advisory board to the Hopewell Township Committee is hereby established to be composed of no fewer than five and no more than 12 student members appointed by the township committee.
[Ord. #03-1276, § II; Ord. #07-1408, § II]
To be eligible to serve on the youth advisory board, a student must have been a resident of Hopewell Township, Hopewell Borough or Pennington Borough for at least one year prior to submitting the application for membership and be in grades seven through 11 when filing the application. Interested students may obtain an application packet from the township clerk. A committee appointed by the township committee shall review all complete applications received and make recommendations to the township committee concerning recommendations as to the individuals to be appointed. The township committee shall thereafter make said appointments.
[Ord. #03-1276, § III]
Youth advisory board members shall be appointed for one-year terms. Terms shall be from July 1 through June 30. No member may serve more than three consecutive terms.
[Ord. #03-1276, § IV]
A representative of the township committee and the township administrator (or designee) shall serve as ex-officio members. The committee member shall be appointed by the mayor. Ex-officio members may participate in youth advisory board meetings.
[Ord. #03-1276, § V]
The youth advisory board shall meet at least monthly, on a specific schedule adopted for the year by the board members.
[Ord. #03-1276, § VI]
At the first meeting of the board in September of each year, the youth advisory board shall elect from among its members a chairperson, a vice chairperson and a secretary to serve for a one-year term. The chairperson or vice chairperson, in the event of the absence of the chairperson, shall conduct the meeting. The secretary shall be responsible for taking minutes of the meetings.
[Ord. #03-1276, § VII]
The youth advisory board shall be an advisory body to the township committee and shall make recommendations and reports to the township committee regarding issues of concern to youth in the community. Final determination for all matters pertaining to recommendations from the youth advisory board shall remain the responsibility of the township committee.
[Ord. #03-1276, § VIII]
The youth advisory board shall have the following duties and responsibilities:
a. 
Advise the township committee regarding issues of concern to youth in the community;
b. 
Work with the township committee, township department heads, schools, civic clubs and service organizations to provide service and leadership opportunities for the youth of the township;
c. 
Inform and educate other youth of issues facing the township and opportunities for youth involvement in municipal and community affairs;
d. 
Promote community pride;
e. 
Assist in developing and implementing ways to increase asset-building influences;
f. 
Be encouraged to attend meetings of the township committee.
[Ord. #03-1276, § IX]
A majority of the youth advisory board members shall constitute a quorum. The board shall adopt rules and regulations which shall be consistent with the Open Public Meetings Act of the State of New Jersey.
[Ord. #94-981; Ord. #95-1005; Ord. #95-1032, Preamble]
It is the desire of the governing body of the Township of Hopewell to provide Emergency Communication Services for residents of the Borough of Pennington during 1996. The Interlocal Services Act permits a local unit to enter into a contract with another local unit for the provision of a service which any party to the agreement is empowered to render. (R.S. 40:8A-1, et seq.)
[Ord. #94-981, § 1; Ord. #95-1005, § 1; Ord. #95-1032, § 1]
The Township of Hopewell is hereby authorized to enter into a contract with the Borough of Pennington to provide Emergency Communication Services for 1996 for residents of the Borough of Pennington at a fee of $43,230. Said services shall be furnished and rendered by the Township of Hopewell pursuant to a contract, a copy of which is annexed hereto.[1]
[1]
Editor's Note: A complete copy of the contract may be found on file in the office of the township clerk attached to Ordinance No. 94-981.
[Ord. #94-981, § 2; Ord. #95-1005, § 2; Ord. #95-1032, § 2]
This section shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Borough of Pennington and if said municipality has already adopted such an ordinance, upon passage and publication as provided by law.
[Ord. #95-1017, Preamble]
Hopewell Township has provided for the development of low and moderate income housing (affordable housing units) pursuant to the State of New Jersey Fair Housing Act and the rules and regulations adopted thereunder. Hopewell Township has adopted ordinances which set forth the procedures and controls for administering the sale, resale and leasing of such low and moderate income housing units to eligible persons. Hopewell Township does not have an appropriate administrative agency to administer such procedures and controls; and the New Jersey Fair Housing Act authorizes the New Jersey Housing and Mortgage Finance Agency to establish procedures for entering into, and to enter into, contractual agreements with willing municipalities and developers of inclusionary developments, whereby it will administer resale controls and rent controls in municipalities where no appropriate administrative agency exists.
[Ord. #95-1017, §§ 1, 2]
a. 
The Township of Hopewell shall enter into an agreement with the New Jersey Housing and Mortgage Finance Agency for the administration of affordability controls for all low and moderate income housing developed with the township.
b. 
The mayor and township clerk be and are hereby authorized and instructed to execute such agreement on behalf of the township.
[Ord. #02-1254]
This section shall be known and may be cited as the "Hopewell Township Ordinance Regulating Conduct in Parks, Public Lands and Open Spaces."
[Ord. #02-1254]
As used in this section, the following terms and their derivations shall have the meanings indicated. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
DIRECTOR OF RECREATION
Shall mean the person in charge of parks, public lands and open spaces, and to whom all parks and recreational employees are responsible.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material, or any garbage, trash, refuse, debris, rubbish, grass clippings, or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material.
NONRESIDENT
Shall mean any individual who is not a resident or taxpayer of the Township of Hopewell. Any group or organization with less than 80% residents.
PARK
Shall mean a park, play area, natural area, meadow, field, brook, or other water access, recreation building, or any other area the township owns, or is used by the township, and devoted to or intended for active or passive recreation or open space and conservation purposes.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC LAND
Shall mean any land which the township owns or controls by lease, easement, agreement, or other conveyance.
RESIDENT
Includes all families or individuals who have either paid property tax in the Township of Hopewell or are actual residents in the township.
TOWNSHIP
Shall mean the Township of Hopewell.
VEHICLE
Shall mean any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description.
[Ord. #02-1254]
a. 
No person shall, on the grounds of race, color, national origin, religion, age, sex, handicap, affectional or sexual orientation be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in, any park facility, program, or activity.
b. 
Discrimination on the basis of residence, including preferential reservation, membership, or annual permit systems is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence in any park.
[Ord. #02-1254]
a. 
Permit Procedure; Application. No person or entity should be given any special or exclusive privilege to use any public property without first obtaining a permit. The permit procedure is not intended to inhibit the spontaneous use of park property by individuals or small groups whereas larger, organized groups (e.g., teams) must possess a valid permit. Spontaneous use will not be allowed in areas already committed by permit, or areas closed for maintenance/preservation purposes. In all instances a permit holder takes precedence.
A person seeking issuance of a permit hereunder shall file an application with the director. The application shall state:
1. 
The name and address of the applicant.
2. 
The name and address of the person, persons, corporation or association sponsoring the activity.
3. 
The day and hours for which the permit is desired.
4. 
The park or portion thereof for which such permit is desired.
5. 
An estimate of the anticipated attendance.
6. 
Any other information which the director shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
b. 
Standards for Issuance of Permit. The director shall issue a permit hereunder when he finds:
1. 
That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park.
2. 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
3. 
The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct.
4. 
That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the township.
5. 
That the facilities desired have not been reserved for other use at the day and hour required in the application.
6. 
That the proposed activity shall not harm natural areas or endanger characteristics of an environment that is being preserved and protected.
c. 
Appeal. Within five days after receipt of an application, the director shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within five days to the township committee to sustain or overrule the decision of the director at the next regularly scheduled township committee meeting. The decision of the township committee shall be final.
d. 
Effect of Permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.
e. 
Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.
f. 
Insurance Coverage.
1. 
Owners or tenants of residences located within the township may be required to provide proof of current liability coverage under a homeowner's or renter's policy. The applicant shall also execute a hold harmless agreement in favor of the township for all events.
2. 
Non-township homeowners and tenants, as well as businesses, located within or outside the township and charitable, social, volunteer or other organizations located outside the township, shall provide a certificate of insurance in a single limit amount of not less than $1,000,000 for all permit applications. The certificate shall cover personal injury and property damage and name the Township of Hopewell as an additional insured.
3. 
Township-based nonprofit, charitable, volunteer, and social organizations shall meet the criteria stated in paragraph f1 above. Where there is no homeowner's liability coverage, a general liability insurance policy with $1,000,000 coverage will be required.
g. 
Revocation of Permit. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
h. 
Protection of Fields and Participants. In the event of inclement weather or other conditions which subject fields and facilities to unusual wear or imperil participant safety, the director will have the authority to place a scheduled event in abeyance for however long such conditions exist. At such times the fields and facilities may not be used.
i. 
Reservations.
1. 
Requests for permits shall be presented on the required form no more than 365 days prior to the scheduled event. Persons holding a valid permit in the current calendar year for a specific location, date and time will be granted right of first refusal in scheduling the same event in the next calendar year. Such person shall present a completed permit application upon being notified that another application has been submitted for that location, date and time. This new application must be presented to the director within the five days stated above.
2. 
In the scheduling of new events for a specific location, date and time, the needs of governmental groups (specifically including the Hopewell Valley Recreation Department and the Hopewell Valley Regional School District) will take precedence over all other groups. Governmentally sponsored events which reoccur but which may occur on different dates (e.g., a high school sports team's game schedule) will take precedence over all other groups. In the event that a person is displaced by this provision, an attempt will be made to provide a suitable alternative location, date or time.
[Ord. #02-1254; Ord. #12-1549]
No person shall engage in any of the following activities in a park:
a. 
Buildings and Other Property.
1. 
Disfiguration and Removal. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, playground equipment, port-a-johns, tables, benches, bleachers, goal posts, backstops, fireplaces, grills, trash and recycling receptacles, railings, athletic field mix, play sand, playground cushioning material, wood chips, paving or paving material, irrigation equipment, water lines or other public utilities or parts or appurtenances [apparatus or accessories] thereof, signs, notices or placards, whether temporary or permanent; monuments, stakes, posts or other boundary markers; or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
2. 
Restrooms, Washrooms and Portable Toilets. Fail to cooperate in maintaining restrooms, washrooms and portable toilets in a neat and sanitary condition. No person over the age of 12 years shall use the restrooms and washrooms designated for the opposite sex.
3. 
Removal of Natural Resources. Dig or remove any sand or gravel, whether submerged or not, or any soil, rock, stones, gravel or plants; or make any excavation by tool, equipment, blasting or other means or agency.
4. 
Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
b. 
Trees, Shrubbery, Lawns.
1. 
Injury and Removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant; nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
2. 
Climbing Trees, etc. Climb any tree or wall, stand or sit upon monuments, vases, fountains, railing, fences or structures or upon any other property not designated or customarily used for such purposes.
3. 
Hitching of Animals. Tie a dog, cat or other animal to any tree or plant.
c. 
Wild Animals, Birds, Etc.
1. 
Nonpermitted Hunting. Nonpermitted hunting, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal; nor shall be remove or have in his possession the young of any wild animal or the eggs or nest or young of any reptile or bird.
2. 
Feeding. Give or offer or attempt to give to any animal, reptile or bird any tobacco, alcohol or other known noxious substances.
d. 
Endangered and Protected Species. Hunt, trap, kill, harm, collect, remove, have in his possession, give away, sell or offer to sell, buy or offer to buy or accept as a gift any specimen or part of a specimen alive or dead, of any of the species of animals, insects, and plants designated as endangered or protected by the New Jersey Department of Environmental Protection.
e. 
Glass Beverage Containers. No person shall bring into any park nor have in his/her possession any glass beverage container for any purpose whatsoever.
[Ord. #02-1254]
No person in a park shall:
a. 
Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, brook, bay or other body of water in or adjacent to any parks, or any tributary, stream, detention pond, retention pond, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters.
b. 
Dump, deposit, leave or cause to be dumped, deposited or left any bottles, cans, cardboard, broken glass, ashes, paper, cans, dirt, rubbish, waste, garbage, or refuse or other trash. No such rubbish, refuse, trash or solid waste shall be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof but shall be placed in the proper receptacles where these are provided. Where receptacles are not provided, all such rubbish, refuse, trash or solid waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
c. 
Recycling.
1. 
Dispose of commingled recyclable items in receptacles other than those intended for such purpose. Such commingled items include glass, plastic bottles and aluminum cans commonly used for milk, soda, water, iced tea and other beverages. Where commingled receptacles are not provided, all such recyclable items shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
2. 
Dispose of recyclable corrugated cardboard in park trash receptacles, other than that which is substantially soiled with food. Organizations who generate significant amounts of corrugated cardboard as part of their park use (i.e., concession stand supplies, trophies, etc.) are required to make prior arrangements with the Hopewell Valley Recreation Department for storage and collection. Users are required to collapse and stack the material neatly in an area protected from inclement weather. Where prior arrangements have not been made, all such recyclable cardboard items shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
[Ord. #02-1254]
No person shall engage in any of the following activities in a park:
a. 
State Motor Vehicle Laws Apply. Fail to comply with all applicable provisions of the State motor vehicles traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this section and other ordinances.
b. 
Enforcement of Traffic Regulations. Fail to obey all police officers and designated park employees, such persons being hereby authorized and instructed to direct roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director of recreation.
c. 
Obey Traffic Signs. Fail to observe carefully all traffic signs indicating speed, fire zones, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.
d. 
Speed of Vehicles. Ride or drive a vehicle at a rate of speed exceeding 15 miles an hour, except upon such roads as the director of recreation may designate, by posted signs, for speedier travel.
e. 
Operation Confined to Roads. Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the director of recreation.
f. 
Racing. Being in a racing vehicle, race with another vehicle.
g. 
Parking.
1. 
Designated Areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions there, at and with the instruction of any designated park employee or such persons being hereby authorized and instructed to direct traffic by the director.
2. 
Emergency Procedures. Fail to immediately notify a park employee or the Hopewell Police Department of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person.
3. 
Double-Parking. Double-park any vehicle on any road or parkway unless directed by a designated park employee or such persons being hereby authorized and instructed to direct traffic by the director.
4. 
Overnight Parking. Leave a vehicle within the confines of a park after the hour of closing or before the hour of opening without permission, except in cases when activity is officially prolonged by the use of lights designated to extend play beyond darkness.
h. 
Bicycles.
1. 
Confined to Roads. Ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.
2. 
Operation. Ride a bicycle other than on the right hand side of the road paving as close as conditions permit, and bicycles shall be kept in a single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
3. 
Rider Prohibited. Ride any other person on a bicycle.
4. 
Designated Racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
5. 
Immobile. Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by it.
6. 
Night Operation. Ride a bicycle on any road or path between half-hour past sunset and sunrise without an attached headlight plainly visible at least 200 feet in front of, and without a red taillight or red reflector plainly visible from at least 100 feet from the rear of such bicycle.
i. 
Horses. Ride, drive or bring a horse within the limits of any park in the Township of Hopewell unless specifically permitted on paths or trails designated or clearly established for that purpose. Exceptions may be made at permitted events at the discretion of the director (e.g., pony rides, carriage rides and petting zoos).
[Ord. #02-1254]
No person shall engage in any of the following activities in a park:
a. 
Bathing and Swimming.
1. 
Designated Areas. Swim, bathe, or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted.
b. 
Boating.
1. 
Designated Areas. Bring into or operate any boat, raft or other water craft, whether motor-powered or not, upon any waters, except at places designated for boating by the director. Such activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.
2. 
Public Docks. Use of public docks for dockage or other purpose without first making arrangements for such accommodation with the director of recreation, who shall assign space and collect reasonable rental charges in conformity with established regulations and rates.
3. 
Operation of Boats. Navigate, direct or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat.
4. 
Prohibition During Closing Hours. Launch, dock or operate any boat of any kind on any waters between the closing hour of the park at night and opening hour the following morning; nor shall any person be on or remain on, or in, any boat during the closed hours of the park.
c. 
Fishing.
1. 
Commerce Prohibited. Engage in commercial fishing or the buying or selling of fish caught in any waters.
2. 
General Prohibition. Fish in any waters, whether by the use of hook and line, net, trap or other device, except in waters specifically designated for that purpose.
d. 
Hunting and Firearms. Except in wildlife management areas or when in compliance with standards as may be established by the governing body, no person shall hunt, trap or pursue wildlife at any time; use, carry or possess firearms of any description, or air rifles, spring guns, paint ball guns, bows and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
e. 
Picnic Areas and Use.
1. 
Regulated. Picnic or lunch in a place other than those designated for that purpose. Designated park employees shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
2. 
Violate the regulation that use of the individual fireplaces, together with tables and benches, follows generally the rule of "first come, first served", unless a permit has been issued for such purpose.
3. 
Nonexclusive. Use any portion of the picnic areas or any of the buildings or structures therein for the purpose of holding picnics, to the exclusion of other persons; nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded, when a permit has not been issued.
4. 
Duty of Picnicker. Leave a picnic area before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
f. 
Camping. Camp in other than designated camp sites for organized camping, provided by the director of recreation and used by groups of persons under adequate supervision. No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping; nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house trailer, camp trailer, camp wagon or the like, without a permit.
g. 
Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins or model airplanes, except in that area set apart for such forms of recreation. Take part in the playing of games such as soccer, football, baseball, softball, quoits, tennis and horseshoes except on the fields and courts or areas provided therefor. Roller skating, rollerblading and skate boarding shall be confined to those areas specifically designated by the director. There are no provisions for golfing in township parks and all related golf activities are prohibited. Exceptions to restrictions may be made for Hopewell Valley Regional School District physical education activities.
h. 
Meetings, Exhibitions and Parades. No person, without permission of the director, shall erect any structure, hold any meeting, perform any ceremony, conduct any performances, engage in any parade, drill maneuvers or civic or other processions.
[Ord. #02-1254]
No person shall engage in any of the following activities in a park:
a. 
Intoxicating Beverages.
1. 
Prohibition. Possess or sell alcoholic beverages at any time in the park.
2. 
Drunkenness. Have entered under or be under the influence of intoxicating liquor.
b. 
Fireworks and Explosives. Brought or have in his possession or set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. Exception, when the director approves and a permit is issued by the township fire official.
c. 
Domestic Animals. No person in a park shall engage in any of the following activities:
1. 
Fail to clean up and properly dispose of feces left by a dog or other domesticated animal under the control or ownership of such person.
2. 
All dogs and other domestic animals shall be restrained at all times on adequate leashes not greater than 10 feet in length except in areas specifically designated for such purpose.
d. 
Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director of recreation. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto.
e. 
Closed Area. Enter an area posted as "Closed to the Public"; nor shall any person use or abet the use of any area in violation of posted notices.
f. 
Smoking. Smoking of tobacco shall be prohibited at all times in the parks.
g. 
Games of Chance. Gamble, or participate in, or abet, any game of chance, with the exception of activities that are authorized by the director and possess an enabling permit from the township clerk.
h. 
Going on Ice. Go onto the ice on any of the waters except such areas as are designated by the director as skating fields and provided that a safety signal is displayed.
i. 
Sledding. Coast with hand sleds, wagons or other vehicles on wheels or runners except at places as may be designated for such purpose.
j. 
Loitering and Boisterousness. Sleep or protractedly lounge on the seats or benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to be a breach of the public peace, including the playing of recorded or live music at an excessive volume, or engage in any indecent conduct or behavior tending to be a breach of public morals.
k. 
Exhibit Permits. Fail to produce and exhibit any permit from the director he claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
l. 
Interference with Permittees. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
m. 
Use of Drugs and Other Controlled Dangerous Substances. No person in a park shall possess, use, sell or distribute marijuana or any drug or pill or other item which is a controlled dangerous substance, as defined by Title 2C of New Jersey Statutes.
[Ord. #02-1254]
No person in a park shall engage in any of the following activities:
a. 
Vending and Peddling. Expose or offer for sale any article or thing; nor shall be/she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing; peddle, sell or vend food and merchandise without proper permits. Organizations or individuals may apply for permission to operate park concession stands to sell refreshment items as well as program related items such as tee shirts, caps, event souvenirs and the like. Such permission shall be requested as part of the initial reservation as provided for in subsection 2-33.4, Permits, Reservations and Fees. Mobile vendors are not permitted in public park areas except with an approved permit for special park area(s), limited time use and/or special program needs. Such mobile vendors permit shall be issued by the township clerk and approved by the health inspector. Review and approval for operation of such permitted use in a park shall be made by the director. Such permits will not be valid at times when park concession stands are being operated by permitted township organizations as provided for in subsection 2-33.4, Permits, Reservations and Fees.
b. 
Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire. An organization or individual may request at the time of application for a permit, permission to post signs, banners, posters and the like to advertise events or components of events that have been approved and permitted as provided for in subsection 2-33.4, Permits, Reservations and Fees.
c. 
Signs. Paste, glue, tack or otherwise post any sign, banner, placard, advertisement or inscription whatever; nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a park. An organization or individual may request permission to post signs, banners, placards and the like as components of events that have been approved and permitted as provided for in subsection 2-33.4, Permits, Reservations and Fees.
d. 
Solicitation. No person shall solicit alms or contributions for any purpose without permission from the director, including but not limited to 50-50's and cash raffles. Such permission shall not preclude the need for usual and required permits for such purpose from the township clerk.
[Ord. #02-1254]
a. 
Hours. The parks are formally open to the public daily from one-half-hour before sunrise to one-half-hour after sunset, except that use of illuminated tennis courts, illuminated ice skating facilities and illuminated ball fields may extend to the conclusion of the permitted activity at which point the illumination shall be turned off no later than 30 minutes after the conclusion of the activity; or the offering of special events, programs, fairs, festivals and other activities provided and authorized by the Hopewell Valley Recreation Department.
b. 
Activities which produce noise which may be carried off the premises shall not be permitted prior to 8:00 a.m.
c. 
Closed Areas. Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain users, as the director shall find reasonably necessary.
d. 
Lost and Found Articles. The finding of lost articles shall be reported to the director who shall make every reasonable effort to locate the owner(s). The director shall make every reasonable effort to find articles reported as lost.
[Ord. #02-1254]
a. 
Officials. Police officers, the director of recreation, and designated employees shall, in conjunction with their duties, enforce the provisions of this section.
b. 
Posting of Rules and Regulations. The rules and regulations of the "Ordinance Regulating Conduct in the Parks, Public Lands and Open Spaces" shall be referenced prominently on signs at the main ingress and egress to the sites covered therein.
c. 
Ejection. Police officers, the director of recreation, and designated employees shall have the authority to remind people of the rules and regulations contained within this section to provide warnings and/or to eject from the park any person acting in violation of this section.
d. 
Seizure of Property. Police officers, the director of recreation, and designated employees shall have the authority to seize and confiscate any property, thing or device in the park in violation of this policy.
e. 
Issuances of Summons. Police officers shall have the authority to issue summonses before the municipal court to any persons acting in violation of this section.
[Ord. #02-1254]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by fine of not more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the judge. The continuation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Ord. #02-1254; Ord. No. 2016-1633]
a. 
The naming of public parks, buildings and places within parks and public lands to establish recognition for officials involved in acquisition, construction and dedication of these facilities is permitted.
b. 
No parks, public building or portion thereof, lands or place shall be named after any living individual.
c. 
The name of any park or public lands may include words which denote a general geographic area, where possible, in which it is located within the township. The name shall be established by ordinance passed by the township committee.
d. 
Proposals to name or rename a park, portion thereof, or building within the park shall be submitted to the director of recreation for comment prior to being submitted to the township committee. The period of review shall not exceed 60 days, and thereafter both the proposal and comments will be submitted to the township committee for consideration.
e. 
Such proposals for naming or renaming will include the name of the individual(s) nominated, a justification for the nomination which will be, at least in part, biographical, and a listing of, at least 10 residents who are prepared to act as sponsors for the nomination and who personally signed the proposal.
f. 
Any plaques commemorating the park, public lands, or public facility within a park, if it includes names of mayors or members of the township committee, shall include, at a minimum, the names of all mayors and committee members who were involved in the project from initial formal action by the township committee through the completion of the acquisition or development at the time of dedication.
g. 
Block 92, Lot 9 shall be named Woolsey Park.
[Ord. #06-1381, § 1; Ord. #12-1546]
a. 
Background Checks Required.
1. 
Any nonprofit, youth-serving organization, as defined by State law, N.J.S.A. 15A:3A-1, including the Hopewell Township Parks and Recreation Department, which operates a youth sports program that receives funding from Hopewell Township, or utilizes facilities owned or maintained by Hopewell Township, shall require all employees and volunteers of that organization who have regular, unsupervised contact with minors to obtain a criminal history background check.
2. 
All such employees or volunteers shall file completed applications for the background check including fingerprints, prior to their first day of service. No such employee or volunteer shall be permitted to serve the organization unless that person consents in writing to the background check. Until a background check is complete, employees and volunteers shall not have regular, unsupervised contact with any minor.
3. 
The employee, volunteer, or nonprofit youth-serving organization shall bear the costs associated with conducting the background check, in accordance with fees established by the State Bureau of Identification and the Division of State Police and in accordance with N.J.S.A. 15A:3A-2(d).
4. 
Any person who has undergone a Federal and State criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirements hereunder until five years have elapsed since the most current background check.
5. 
Any person who is employed as a full-time staff member with the Hopewell Valley Regional School District shall be exempt from the requirements hereunder.
b. 
Conditions Under Which a Person Shall Be Disqualified from Service.
1. 
A person shall be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization if that person's criminal history background check reveals a record of conviction of any of the following crimes and offenses:
(a) 
In New Jersey, any crime or disorderly persons offense:
(1) 
Involving danger to the person, meaning those crimes and disorderly persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or, N.J.S.A. 2C:15-1 et seq., such as robbery;
(2) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering the welfare of a child;
(3) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes;
(4) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection (a) of N.J.S.A. 2C:35-10.
2. 
In any other State or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in this section.
c. 
Submission, Exchange of Background Information.
1. 
Each employee or volunteer shall submit his or her application for a criminal history background check, through the New Jersey State Police, in accordance with the requirements of N.J.S.A. 15A:3A-1 et seq. Complete instructions for this procedure are available through the Hopewell Township Parks and Recreation Department.
2. 
If the background check disqualifies the individual from employment or volunteering, he or she shall be so notified by the Hopewell Township Chief of Police, or the chief's designee, and such information shall be kept confidential by the police department.
3. 
Successful background checks shall be reported to the director of parks and recreation, who shall maintain a list of all individuals who are qualified to serve as employees or volunteers with nonprofit youth serving organizations by virtue of their having successfully completed the background check. Youth serving organizations will provide a current list of volunteer coaches to the director of parks and recreation for each season of play on an annual basis. The director of parks and recreation will review the list of coaches and notify the youth organization of any coach that is not on the approved list. That coach will then have 30 days to comply with the criminal background check requirement.
4. 
A successful background check remains valid for five years.
5. 
Access to criminal history record information shall be limited in accordance with law, including N.J.S.A. 15A:3A-1 et seq. and N.J.A.C. 13:59-1.1 et seq.
d. 
Appeal Procedure.
1. 
Any person whose criminal history background check disqualifies that person from employment or from volunteering, may appeal his or her disqualification.
(a) 
A person may challenge the accuracy of the criminal history record;
(b) 
A person may claim to be rehabilitated;
(c) 
No person may appeal a disqualification on the grounds of rehabilitation, if the person has been rejected because that person has been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant to section 1 of P.L. 1993, c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
2. 
A challenge to the accuracy of the report shall be filed with the Hopewell Township Chief of Police, who shall coordinate the challenge with the New Jersey State Police.
3. 
An appeal based on rehabilitation shall be made to an appeals committee, which shall consist of the director of parks and recreation, the Hopewell Township Chief of Police, and the Hopewell Township Administrator. Any such appeal must be made within 30 days of receipt of the notice of disqualification.
4. 
In determining whether a person has affirmatively demonstrated rehabilitation, the appeals committee shall consider the following factors:
(a) 
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
(b) 
The nature and seriousness of the offense;
(c) 
The circumstances under which the offense occurred;
(d) 
The date of the offense;
(e) 
The age of the person when the offense was committed;
(f) 
Whether the offense was an isolated or repeated incident;
(g) 
Any social conditions which may have contributed to the offense; and
(h) 
Any other evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.
5. 
If the appeals committee determines that the disqualified person has been successfully rehabilitated, it shall enter that person's name on the list of qualified employees and volunteers maintained by the director of parks and recreation.
e. 
Penalty.
1. 
Failure to comply with this subsection may result in the township withholding funding for the nonprofit youth-serving organization, prohibiting the use of facilities, or withholding funding for facility maintenance.
[Ord. #12-1549; Ord. No. 2016-1643]
Hunting, shooting, killing and removal of white-tailed deer on municipally-owned property shall be allowed solely for the purpose of reducing and managing the township's deer population and only in accordance with the following provisions, and only on designated lands, and shall otherwise be prohibited in any township park or open space.
a. 
Permit Required. No person shall hunt, shoot, kill or remove deer from any municipally-owned park or open space, or enter on those lands carrying or possessing firearms of any description in which loaded or blank cartridges may be used, as well as air guns, spring guns, bows, slings or any other form of weapon potentially dangerous to wildlife and human safety, unless that person has first obtained a municipal deer management permit for such activity.
b. 
Eligibility for Permit. Municipal deer management permits shall be available to any holder of a valid State of New Jersey hunting license, except Hopewell Township employees who are involved in the administration and/or enforcement of this section. Applicants must be 14 years of age or older to be eligible for a municipal deer management permit. All permits shall be issued subject to the following limitations:
1. 
For the first hunting season, hunters will be selected by lottery drawing.
2. 
In subsequent years, there shall be two drawings for permits. The first drawing shall be open only to those past hunters who meet the following eligibility requirements and who are applying to hunt the same property for which they were previously issued a permit;
(a) 
Hunters who have harvested (throughout the fall/winter seasons) two or more antlerless deer if hunting with a bow or three or more antlerless deer if hunting with a firearm, and who otherwise meet all eligibility requirements set forth in this section. Note that the deer management advisory committee and the program director may modify these harvest requirements.
3. 
A second and subsequent drawing will be held for any remaining permits for available hunting sports. This drawing shall be open to anyone holding a valid State of New Jersey hunting license who meets the eligibility requirements set forth in this section.
c. 
Application Process. All applications must be submitted in writing to the Hopewell Township Chief of Police in person, by the applicant, on a form promulgated by the police chief. Those not submitted in person will not be processed. The applicant shall provide the following information:
1. 
Name, address, phone number, date of birth and social security number.
2. 
Automobile license plate number, year, make, model and color.
3. 
A New Jersey Conservation Identification Number (CID) or proof of participation in a State hunter education course.
4. 
Copies of the applicant's current and valid New Jersey hunting license(s) attached to the application in addition to copies of any applicable State-issued deer hunting permit(s) (permit bow, permit shotgun, permit muzzleloader rifle and antlered buck permits which are available for sale beginning in early September) that are required of the applicant, once these State permits are issued which may be just prior to the start of the corresponding hunting season.
5. 
A signed certification that the applicant is not prohibited by law from possessing a firearm and has not been convicted of any felony. Any applicant who is prohibited by law from possessing a firearm or who has been convicted of a felony shall not be eligible for a municipal deer management permit.
6. 
A release authorizing the township to conduct a background check for violations of the New Jersey Fish and Game Code, N.J.A.C. 7:25-5 et seq., plus N.J.S.A. Title 23 and for violations of any local regulations pertaining to parks or to hunting. Any applicant who has violated any significant provision of the Fish and Game Code, Title 23 or has violated any local regulation pertaining to parks or to hunting within 10 years of the date of the application shall not be eligible for a permit.
7. 
A copy of a current certificate of insurance confirming general liability insurance with combined single limits coverage for bodily injury and property damage of at least $1,000,000 per single occurrence and $1,000,000 annual aggregate.
Applications shall be reviewed by the Hopewell Township Police Department for accuracy and for compliance with the requirements set forth herein. After review, the Hopewell Township Police Department shall either grant or deny the permit application.
d. 
Permit Fees. To defray increased maintenance, materials, labor and administrative costs incurred by the township in connection with its deer management program, a permit fee of $105 is herewith established. Any permit fees collected that are not needed to defray the costs of administering the program including venison donation, shall be deposited into the township's Open Space Fund and dedicated to the acquisition or maintenance of open space. The applicant shall submit the required fee to the township with the completed application. Any application submitted without the required fee shall not be processed.
e. 
Duration of Permit. Permits shall be valid only during the applicable State-approved deer hunting seasons, as said dates may be amended from time to time by the New Jersey Division of Fish and Wildlife and the Fish and Game Council.
f. 
Hunter Orientation Course. As a prerequisite to receiving a permit, each applicant shall be required to complete the township's site-specific hunter orientation course. Following successful completion of the hunter orientation course, the municipal clerk shall issue the permit.
g. 
Rules and Regulations. The following rules and regulations shall apply to all permittees:
1. 
Prior to any hunting activities taking place, permittees shall post hunting notice signs along the boundaries of the properties for which they have received a permit (boundary hunting notice signs will be provided by the township) and the township shall post hunting notice signs at the entrances to all properties for which permits which have been issued.
2. 
Hunting will be allowed only in elevated stands. Only portable stands that do not harm the trees shall be permitted. All stands shall be removed no later than 15 days following the end of the New Jersey deer hunting seasons, or as required by the program director.
3. 
All deer must be checked in using the New Jersey Division of Fish and Wildlife's Automated Deer Check System.
4. 
All permits shall be site-specific and nontransferable. Permittees shall be authorized to hunt only the property for which they have been issued a permit and shall be responsible for knowing where they are at all times. Each permittee is required to display his or her municipal deer management permit prominently on their person when engaging in hunting activities on properties within this program. Vehicle permits must be displayed on the front left side of the dashboard of the authorized vehicle registered with the deer management program.
5. 
Deer drives shall be allowed, subject to the following limitations:
(a) 
Only permittees may drive deer.
(b) 
No person shall carry a sporting arm of any kind while driving deer.
6. 
Motorized vehicles shall be restricted to public roads and designated parking areas.
7. 
Target practice is strictly prohibited. Discharge of a crossbow prior to transporting is not considered target practice. A field target such as the Rinehart RFT is recommended to discharge crossbows.
8. 
All season dates and bag limits designated by the State of New Jersey Division of Fish and Wildlife and the Fish and Game Council for deer management zones 12, 14 and 41 shall apply.
9. 
Only white-tailed deer may be hunted; the hunting, shooting, killing, pursuit or removal of any other wildlife is strictly prohibited.
10. 
Compliance with any additional conditions as may be deemed necessary to ensure the safety of residents by the Hopewell Township Police Chief or Deer Management Advisory Committee after reasonable notification. Such conditions may include but are not limited to limiting the days and times during which the permittees may hunt and restricting the areas within the parks or open spaces where hunting is permitted.
h. 
Dates and Locations for Hunting. The number of permits issued each year, the properties for which the permits are issued and the dates on which those properties may be hunted, shall be determined annually by resolution of the township committee as recommended by the deer management advisory committee. A press release and/or notice informing the public of said designated dates and locations shall be published as follows: the township's website, the township's television channels, and a press release shall be provided to the official newspaper(s) of Hopewell Township. Residents within 200 feet of these designated properties also will be notified by mail.
i. 
Program Director. The deer management program director shall be determined by the Township Administrator with the recommendation of the deer management advisory committee.
j. 
Revocation of Permit. The Township Administrator, upon the advice and recommendation of the deer management program director and/or the Hopewell Township Police Chief, shall be authorized to revoke any permit issued at any time if the safety of any persons or personal property, including that of the Township of Hopewell, is threatened by a permittee. Violations by any permittee of any applicable State or local rules and regulations pertaining to hunting or to the use of parkland shall be cause for permit revocation. When a permit has been revoked or where persons or personal property are endangered as set forth above, the deer management program director and/or the Hopewell Township Police Chief or his designee is authorized to require that such person or persons leave the park immediately and take all steps necessary to eliminate the condition which endangers persons or personal property.
k. 
Violations and Penalties. All State and local regulations pertaining to parks and to hunting shall remain in full force and effect and nothing herein shall be construed to abrogate the same. Violation of this section, any special condition or any applicable State or local regulation will result in the immediate loss of hunting privileges on the property through the following permit year and will subject the hunter to any applicable penalties, including but not limited to the general penalties set forth in section 3-1 of the Hopewell Township Code.
l. 
Enforcement. The provisions of this section and provisions of any rules and regulations adopted by the township committee shall be enforced by the Hopewell Township Police Department.
[Ord. #13-1570]
Pursuant to that certain Management and Use Agreement (the "Agreement") between the Township of Hopewell and the State of New Jersey regarding the township's management of a sight triangle area located on Block 135, Lot 71 in the township, the sight triangle area shall be governed by the provisions of the Agreement, the provisions of this chapter and the rules and regulations governing the use of State parks, recreation areas and open space reservations as adopted by the State of New Jersey and codified at N.J.A.C. 7:2-1 et seq. as amended and supplemented from time to time, to the extent said regulations are applicable to the sight triangle area.
[Ord. #02-1255]
a. 
Any other provision of law to the contrary notwithstanding, the township or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional business entity if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to a campaign committee of any Hopewell Township candidate or holder of the public office within the township having ultimate responsibility for the award of the contract, or to any Hopewell Township or Mercer County party committee within one calendar year immediately preceding the date of the contract or agreement.
b. 
No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the township or any department or agency thereof or of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Hopewell Township candidate or holder of the public office within the township having ultimate responsibility for the award of the contract, or to any Hopewell Township or Mercer County party committee, between the time of first communications between that business entity and the township regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
c. 
For purposes of this section, a "professional business entity" seeking a public contract means an individual, including the individual's spouse, if any, and any child living at home; person, firm, corporation, professional corporation, partnership, organization or association. The definition of a business entity includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
d. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be: The Hopewell Township Committee, if the contract requires approval or appropriation from the committee.
[Ord. #02-1255]
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any Hopewell Township candidate for mayor or township committee, or Hopewell Township or Mercer County party committee shall be deemed a violation of this section, nor shall an agreement for property, goods or services of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.
[Ord. #02-1255]
a. 
Prior to awarding any contract or agreement to procure services with any professional business entity, the township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of subsection 2-34.1 hereof.
b. 
The professional business entity shall have a continuing duty to report any violations of this section that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the township and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. #02-1255]
A professional business entity, or Hopewell Township candidate or officeholder, or Hopewell Township or Mercer County party committee may cure a violation of subsection 2-34.1, if, within 30 days after the general election, the professional business entity notifies the township committee in writing and seeks and receives reimbursement of a contribution from the township candidate or Hopewell Township or Mercer County political party.
[Ord. #02-1255]
a. 
All Township of Hopewell professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity, as defined in subsection 2-34.1 to violate subsection 2-34.1b or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b. 
Any professional business entity, as defined in subsection 2-34.1c, who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future township contracts for a period of four calendar years from the date of the violation.
[Ord. #2015-1609 Preamble]
N.J.S.A. 40A:14-156, 40A:14-156.1, 40A:156.2, and 40A:156.3 authorize municipalities to enter into mutual aid and assistance agreements for police services in cases of emergencies.
The County of Mercer consists of 12 municipalities, 11 of which have municipal police or fire departments operating for or within the Township of East Windsor, the Township of Ewing, the Township of Hamilton, the Borough of Hightstown, the Township of Hopewell, the Township of Lawrence, the Borough of Pennington, the Municipality of Princeton (comprised of the former Township of Princeton and the former Borough of Princeton), the City of Trenton, the Township of Washington, and the Township of West Windsor, which regularly interact and provide assistance to each other in police related emergencies.
Each of the aforementioned municipalities in the County of Mercer wish to formalize and refine existing practice by entering into mutual aid agreements.
[Ord. #2015-1609 § 1]
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1, et seq., there are hereby established mutual aid agreements among and between this municipality and each of the aforementioned municipalities in the County of Mercer, New Jersey, which shall become effective upon the adoption by one or more of the aforementioned municipalities (hereinafter referred to as "participating municipalities") of reciprocal ordinances to provide mutual aid in police services in case of emergency. This agreement shall apply whenever this municipality may have an emergency within its boundaries requiring additional police assistance to protect life and property, and whenever any of the aforementioned municipalities may experience a similar emergency.
[Ord. #2015-1609 § 2]
For purposes of this section, the term "emergency" shall be defined to include situations in which the number of available police officers in a participating municipality is insufficient to meet the public need in a particular situation and situations where police aid involving special expertise, training or equipment is required in order to protect public safety, life, and property or to assist in suppressing a riot or disorder. No formal declaration of emergency is required to implement the provisions of the Mutual Aid Agreement.
[Ord. #2015-1609 § 3]
The chief, police director, or acting head of the police department or mayor, or chief executive officer of a participating municipality, is hereby authorized to request assistance from the chief or other head of the police department of any other participating municipality to provide aid in accordance with N.J.S.A. 40A:14-156, et seq.
[Ord. #2015-1609 § 4]
A participating municipality shall provide police assistance when a valid request in accordance with this agreement to supply personnel is made to the extent possible without endangering persons or property within the confines of the providing municipality.
[Ord. #2015-1609 § 5]
The members of the providing municipality's police department supplying aid shall have the same powers, authorities, rights, and immunities as the members of the police force of the requesting municipality when aid is being rendered therein. Said members shall also have, while so acting, such rights and immunities as they may otherwise enjoy in the performance of their normal duties in the municipality rendering such assistance.
[Ord. #2015-1609 § 6]
These mutual aid agreements established herein by and between the aforementioned municipalities in the County of Mercer shall further authorize mutual police aid and assistance under the County Critical Incident Management Plan as established by the Mercer County Prosecutor as the Chief Law Enforcement Official in the county. The plan provides for a response by specially trained regional Emergency Response/Special Weapons and Tactics Team in the event of certain hostage, barricade, sniper, high risk armed apprehensions, terrorist, or similar situations occurring within a municipality within the County of Mercer.
[Ord. #2015-1609 § 7]
Members of the police force of the providing municipality suffering injury, or their legal representatives, if death results while rendering assistance in the requesting municipality, shall be entitled to all such salary, pension rights, Worker's Compensation, or other benefits, as they would have accrued if such injury or death had occurred in the performance of duties in their own municipality, with such benefits to be the responsibility of the providing municipality.
[Ord. #2015-1609 § 8]
A municipality receiving police assistance hereunder pursuant to the terms of the County Critical Incident Management Plan shall not be required to directly reimburse the regional team for services so provided. The member municipalities shall, however, otherwise support the function of the respective regional response teams by providing the necessary manpower, equipment, and supplies on an ongoing annual basis pursuant to the terms of the County Critical Incident Management Plan.
Where emergency police aid is otherwise provided under circumstances outside of the County Critical Incident Management Plan, reimbursement shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and conditions for reimbursement specifically agreed to between specific municipalities.
[Ord. #2015-1609 § 9]
The municipality receiving emergency police aid (hereinafter referred to as "receiving entity") may seek reimbursement from FEMA for the cost of the services rendered by the municipality providing the emergency police aid (hereinafter referred to as "providing entity"). Reimbursement paid by FEMA shall not be contingent on the declaration of an emergency, major disaster, or fire by the Federal government. Reimbursement provided by FEMA is subject to the following conditions:
a. 
The receiving entity must request reimbursement from FEMA in accordance with the provisions set forth in the FEMA Recovery Policy RP9523.6, dated November 10, 2012, as may be amended from time to time.
b. 
Reimbursement for "emergency work," as that phrase is referenced in FEMA Recovery Policy RP9523.6, shall include, but is not limited to, work necessary to meet immediate threats to life, public safety, and situations described in subsection 2-35.3, Emergency - Defined, S.O.P., herein.
c. 
Only a receiving entity is eligible for FEMA reimbursement as described herein. The providing entity may seek reimbursement from the receiving entity.
d. 
The receiving entity shall provide FEMA with an executive summary of the emergency police aid services requested and received, and the associated costs (e.g., labor, equipment, materials, etc.). Both the receiving entity and the providing entity shall keep and maintain detailed records of the services requested and received. Such records shall be maintained for at least three years after the emergency police aid has been rendered.
e. 
A receiving entity shall submit a copy of this agreement to FEMA with its reimbursement request.
f. 
A receiving entity shall submit a written and signed certification to FEMA with its reimbursement request, which shall include:
1. 
The type and extent of emergency police aid assistance requested and received;
2. 
The labor and equipment rates used to determine the cost of the emergency police aid; and
3. 
A statement that all of the emergency police aid rendered by the Providing Entity was eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§ 5121 — 5206) and applicable FEMA regulations and policies.
[Ord. #2015-1609 § 10]
This section shall take effect upon final passage and publication according to law. It shall become effective with respect to this municipality's activities with another participating municipality, when such other participating municipality has adopted an ordinance reciprocal to this one and such ordinance has become effective in that municipality.
[Ord. #11-1504, § 2]
There is hereby established a parks and recreation advisory committee, which shall consist of up to 11 members. Four members shall comprise a quorum to do business.
[Ord. #11-1504, § 2]
All members currently serving on the parks and recreation advisory committee that was established pursuant to Resolutions 07-367, 10-225 and 10-267 shall be reappointed to terms determined by resolution of the township committee.
[Ord. #11-1504, § 2]
There shall be up to seven regular members, each of whom shall serve for a three-year term. There shall be up to two senior members, defined as persons over the age of 65, who shall serve for two-year terms. There shall be up to one youth member, defined as a person between the ages of 16 and 25, who shall serve for a two-year term. There shall be one township committee member, appointed by the mayor, who shall serve for a one-year term, act as a liaison between the advisory committee and the township committee, and who shall be authorized to vote at meetings of the advisory committee.
[Ord. #11-1504, § 2]
All members shall be residents of Hopewell Township. This provision may be waived for good cause by resolution of the township committee.
[Ord. #11-1504, § 2]
The advisory committee shall provide advice and assistance to the township administrator and the parks and recreation director in the planning, coordination and implementation of parks and recreation development and management programs for the township. The advisory committee shall communicate with township residents and community organizations and attempt to involve them in the planning process and in established programs. On a periodic basis, the advisory committee shall evaluate the Township Master Plan Open Space and Recreation Element, and make appropriate recommendations within its area of expertise to the township committee.
[Ord. #11-1504, § 2]
The advisory committee shall select a chair from among its members and may select such other officers from among its members as it deems appropriate.
[Ord. #11-1504, § 2]
The advisory committee may adopt its own bylaws, which shall not be inconsistent with this section or the laws of the State of New Jersey and which shall be submitted to the township committee pursuant to subsection 2-5.8.
[Ord. #11-1504, § 2]
Meetings of the advisory committee shall be held in accordance with the Open Public Meetings Act.
[Ord. #11-1514, § 2]
There is hereby established a deer management advisory committee, which shall consist of seven regular members and two alternates. Four members shall comprise a quorum to do business.
[Ord. #11-1514, § 2]
The advisory committee will render advice to the township committee on matters related to deer management. It will issue an annual report and undertake such other duties as may be requested from time-to-time by the township committee. The advisory committee's purpose is to help mitigate the adverse impact of the white-tailed deer on the health, economics and ecology of Hopewell Township.
[Ord. #11-1514, § 2]
The membership shall include at least one farmer, one hunter and one master gardener. All members shall be appointed by the mayor.
[Ord. #11-1514, § 2]
Initially, two members shall be appointed to serve three year terms, three members shall be appointed to serve two year terms and two members shall be appointed to serve one year terms. Thereafter, all regular members shall serve three year terms. Alternate members shall serve one year terms.
[Ord. #11-1514, § 2]
The advisory committee shall select a chair from among its members and may select such other officers from among its members as it deems appropriate.
[Ord. #11-1514, § 2]
The advisory committee may adopt its own bylaws, which shall not be inconsistent with this section or the laws of the state of New Jersey and which shall be submitted to the township committee pursuant to subsection 2-5.8.
[Ord. #11-1514, § 2]
The advisory committee shall meet at least monthly. Meetings shall be held in accordance with the Open Public Meetings Act.
[Ord. #11-1514, § 2; extended March 26, 2018 by Ord. #2018-1688]
Authorization for the advisory committee shall terminate five years from the effective date of this section unless the township committee, by ordinance, extends that authorization.
[Ord. #2018-1688]
a. 
Improvement of hunting access and efficacy.
1. 
Planning and continued implementation of the Township Deer Management Program.
2. 
Encouraging improved access and efficacy on both public and private lands.
3. 
Development of cooperative and coordinated approaches for deer management with the Township Agricultural Advisory Committee and broader agricultural community as well as non-profit conservation groups and County land managers.
4. 
Encouraging the establishment of a local butcher to become certified as an approved venison donation service with Hunters Helping the Hungry.
5. 
Explore potential application for Community Based Deer Management Permit.
b. 
Avoidance of Deer Impacts.
1. 
Provide outreach and warning signage to minimize deer vehicle collisions.
2. 
Perform outreach on Lyme disease prevention and use of deer resistant landscaping.
[Ord. #2018-1689]
There is hereby created within the Township of Hopewell the position of Township Historian. The Historian shall serve without compensation and at the pleasure of the Township Committee.
a. 
The Historian shall have demonstrated a substantial knowledge of Hopewell Township History and possess sufficient ability for writing and public speaking to present historical knowledge to the public.
b. 
The Historian will not be required to live within the Township but must be readily available for meetings and activities.
[Ord. #2018-1689]
The Historian shall have the following powers and duties while serving in the position:
a. 
The Historian shall be empowered to solicit and collect on behalf of Hopewell Township such objects, photographs, archives, and publications as deemed fit to demonstrate the history and culture of the Township; catalogue and store the same according to reasonably professional standards in a secure facility. All items thus collected will be turned over to Hopewell Township with a catalogue at the end of the Historian's tenure.
b. 
The Historian shall endeavor to keep the history of the Township before the public eye, by means of no fewer than two public talks, and two newspaper publications per year.
c. 
The historian will cooperate with the Township Committee in conducting any commemorative event, or placement of monuments, markers or signs as the Committee shall deem fit.
d. 
The Historian shall be an appointed member of the Township Preservation Commission, and fully participate in all duties under the Preservation Commission Ordinance.
e. 
The Historian shall make an annual report to the Mayor and Committee and cooperate with the Preservation Commission in reporting to agencies of the State as required.
f. 
The Historian may research and write and caused to have published for his/her own account, a municipal history. The Historian may recommend to the Township appropriate historical material for publication by the Township.
[Ord. #2018-1689]
The Historian may employ such clerical assistants as may be necessary in order to carry out the duties and responsibilities set forth in this section, within the limits of such funds as may be made available in the budget of the Township of Hopewell for such purposes. Additionally, said Historian may be reimbursed for expenses incurred and vouchered in the performance of his or her duties and responsibilities. Said reimbursement shall be limited to the amount set forth in the annual budget and shall be paid only after necessary vouchers have been submitted and approved by the governing body.