[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.
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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.
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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.
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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.
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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.
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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.
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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.
[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 or Police Director.
[Amended 8-3-2020 by Ord. No. 20-1732]
2.
One Captain.
3.
Up to three Lieutenants.
[Amended 6-1-2021 by Ord. No. 21-1752]
4.
Up to six Sergeants.
[Amended 1-24-2022 by Ord. No. 22-1764]
5.
Forty Police Officers.
6.
Police
Chaplain.
[Added 4-18-2022 by Ord. No. 22-1771]
(a)
The position of Police Chaplain for the Township of Hopewell Police
Department is hereby created in accordance with N.J.S.A. 40A:14-141.
The position will be a volunteer position. The position of Chaplain
shall be under the Police Director and subject to the control of the
Chief of Police.
(b)
Qualifications. Any person appointed as Chaplain shall be an ordained
clergyman in good standing in the religious body from which he/she
is selected. The Chaplain shall have basic training and shall be a
certified Police Chaplain credentialed in accordance with the rules
and regulations of the Township of Hopewell Police Department and
shall be qualified in accordance with N.J.S.A. 40A:14-141.
(c)
Duties of Police Chaplain. The duties of Police Chaplain shall include,
but not be limited to, assisting the Township of Hopewell Police Department
in death notifications, station house adjustments and any other duties
that may be assigned by the Police Director or Chief of Police.
(d)
Rank and Salary. Any person appointed as Chaplain shall serve in
that capacity without rank or salary.
(e)
Term of Office. A person appointed as Chaplain shall serve for a
period of one year from date of appointment and shall continue to
serve in that capacity until he/she is either terminated or reappointed
with the recommendation of the Police Director or Chief of Police.
(f)
Appointment. The Police Director or Chief of Police may recommend
to the Township Committee persons that he/she believes meet the qualifications
of N.J.S.A. 40A:14-141 as well as the rules and regulations of the
Township of Hopewell Police Department with reference to Chaplains,
if any. All applicants for the position of Chaplain shall be reviewed
by the Police Director, Chief of Police, Senior Police Chaplain and
Chaplain liaison to determine his/her qualifications in accordance
with this subsection and shall make recommendations to the Mayor regarding
the appointment as Chaplain. The Mayor shall appoint Chaplains in
accordance with this subsection with the advice and consent of the
Township Committee.
|
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.
Police
Director; Powers and Duties.
[Added 8-3-2020 by Ord. No. 20-1732[1]]
1.
Where there is a vacancy in the position of Chief of Police, either
due to retirement, resignation, death, termination or dismissal, or
the Chief of Police has otherwise relinquished his or her powers,
functions and duties, the Township Committee may appoint a Police
Director to head the Police Department.
2.
Unless otherwise prohibited by law, the Police Director shall assume
and exercise the authority and responsibilities of the Chief of Police
and shall promulgate procedures, directives and orders for day-to-day
administration and operation of the Department. Without limitation,
this authority shall include the duties and responsibilities established
under N.J.S.A. 40A:14-118 and the duties and responsibilities established
under this Code.
3.
In those instances in which the Police Director is precluded by law
from acting, the ranking officer shall assume those duties.
4.
The Police Director shall be responsible to the appropriate authority
for the efficiency and routine day-to-day operations of the Police
Department. The Police Director shall 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.
5.
The authority reserved for the Chief of Police shall be divested
from the Police Director at such time as an individual is appointed
to fill the position of Chief of Police.
e.
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.
f.
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.
g.
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.
h.
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.
[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; amended 4-17-2023 by Ord. No. 23-1800]
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.
(Reserved);
[Amended 9-8-2020 by Ord. No. 20-1734]
j.
Municipal Utilities Authority;
k.
(Reserved)
l.
Historic Sites Committee;
m.
Parks and Recreation Advisory Committee;
n.
Deer Management Advisory Committee.
[Reestablished 4-17-2023 by Ord. No. 23-1800]
[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.
[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:
[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.
|
[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:
[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]
[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:
[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:
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.
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.
Shall mean the person in charge of parks, public lands and
open spaces, and to whom all parks and recreational employees are
responsible.
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.
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.
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.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any land which the township owns or controls by
lease, easement, agreement, or other conveyance.
Includes all families or individuals who have either paid
property tax in the Township of Hopewell or are actual residents in
the township.
Shall mean the Township of Hopewell.
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.
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:
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;
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.
[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.
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.
[Deer Management Advisory Committee was reestablished 4-17-2023 by Ord. No. 23-1800. Prior history includes Ord. #11-1514 and Ord. #2018-1688]
[Ord. #11-1514, § 2; amended 4-17-2023 by Ord. No. 23-1800]
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; amended 4-17-2023 by Ord. No. 23-1800]
The Advisory Committee will be responsible for continued implementation
of the deer management hunting program in Hopewell Township and shall
render advice to the Township Committee on matters related to deer
management. It will undertake such other duties as may be requested
from time-to-time by the Township Committee, including providing reports
as requested. 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; amended 4-17-2023 by Ord. No. 23-1800]
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; amended 4-17-2023 by Ord. No. 23-1800]
All regular members shall serve staggered three year terms.
Alternate members shall serve one year terms.
[Ord. #11-1514, § 2; amended 4-17-2023 by Ord. No. 23-1800]
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; amended 4-17-2023 by Ord. No. 23-1800]
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; amended 4-17-2023 by Ord. No. 23-1800]
The advisory committee shall meet at least monthly. Meetings
shall be held in accordance with the Open Public Meetings Act.
[Ord. #2018-1688; amended 4-17-2023 by Ord. No. 23-1800]
a.
Improvement of hunting access and efficacy.
1.
Planning and continued implementation of the Township Deer Hunting
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.
Working with local butchers(s) on the venison donation service with
Hunters Helping the Hungry.
[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.
