Borough of Hopewell, NJ
Mercer County
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Table of Contents
Table of Contents
The form of government in the Borough of Hopewell is the Township form which comprises Chapters 86 to 94 in Title 40 of the New Jersey Revised Statutes. The Administrative Code has been drafted in conformity with the Borough law and in many instances provision of the Borough laws have been restated in the code. Other enabling laws pertaining to the Administrative Chapter are R.S. 2A:8-1, et seq, Municipal Court; R.S. 26:3-1, et seq., Board of Health; R.S. 40:55-1, et seq., Planning Board; R.S. 40:55-36, Zoning Board of Adjustment.
[Ord. 264; New; Ord. 327]
The elected officials of the borough shall consist of a mayor and six councilmen.
The term of office of all elected officials shall begin at noon on January 1, next after their election.
a. 
Mayor. Whenever the mayor shall present to the council his resignation from office, the resignation may be accepted by a vote of the council and the office of mayor shall thereupon be deemed vacant.
A vacancy occurring in the office of mayor, whether by resignation or otherwise, shall be filled by the council until the next annual election and until the election and qualification of a successor. At the next annual election the person elected to fill the vacancy shall be elected for the unexpired term only.
b. 
Other Elective Offices. All vacancies in other elective offices shall be filled by nomination by the mayor and appointment by him by and with the advice and consent of the council, expressed by the vote of a majority of the members of the council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the mayor to have no vote thereon except in the case of a tie.
c. 
Procedure. All vacancies occurring in any elective office shall be filled by appointment until January 1 following the next annual election and until the election and qualification of a successor. The procedure for appointments and in case of the failure to make or confirm the same shall be as provided in subsection 2-2.2.
If a vacancy shall occur at so short a period of time before the next annual election that the office cannot be filled at the election, the vacancy shall be filled in the same manner as though it had occurred immediately after the election, and the vacancy shall then be filled at the next subsequent annual election for the portion of the term, if any, as may still remain unexpired.
At the next annual election the persons elected to fill vacancies shall be elected for the unexpired term only.
[New; Ord. 327; Ord. 428]
There shall be appointed a borough clerk, borough treasurer, borough tax collector, borough tax assessor, borough attorney, borough building inspector, borough engineer, borough poundkeeper, and such other officers, including a deputy borough clerk, as the council may deem necessary. They shall perform the duties required by law and the ordinances of the borough. The attorney, assessor, building inspector, collector, borough clerk, deputy borough clerk, engineer and poundkeeper are hereby specifically exempted from any residency requirement within the Borough of Hopewell. Any officer, other than those excepted by law, may be removed for cause, after being afforded an opportunity to be heard. All of said officers shall serve at the pleasure of council, except the clerk, tax collector and tax assessor, who shall serve for terms as provided in Chapter 9 of the 40A of the New Jersey Statutes.
Except as otherwise provided by the laws of this state, the mayor shall nominate and, with the advise and consent of the council, appoint all officers directed to be appointed, including the filling of vacancies in all appointive offices which shall be for the unexpired term only. The mayor shall make such nomination within 30 days after the office becomes vacant. If the mayor fails to nominate within 30 days, or the council fails to confirm any nomination, made by the mayor, within 30 days of being presented such nomination, the council shall appoint the officers directed to be appointed. No appointment shall be made except by the vote of a majority of the members of the council present at the meeting, provided that at least three affirmative votes shall be required for the purpose, the mayor to have no vote thereon except in case of a tie.
[New]
The mayor shall preside over all meetings of the borough council but shall not vote except to give the deciding vote in case of a tie.
The mayor shall see that the laws of the state and the ordinances of the borough are faithfully executed, and shall recommend to the council such measures as he may deem necessary or expedient for the welfare of the borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the borough. The mayor shall have all of the powers granted by the laws of the state and the ordinances of the borough.
[New]
The mayor and councilmen of the borough shall constitute the council thereof.
The council shall hold an annual meeting on January 1 at 12 noon, or during the first seven days of January in any year, and such other meetings or adjourned meetings, at such time and place as they may by resolution direct, but all regular meetings shall be held within the borough. The mayor shall, when necessary, call special meetings of the council; in case of his neglect or refusal, any four members of the council may call such meeting at such time and place in the borough as they may designate, and in all cases of special meetings notice shall be given to all the members of the council in writing left at their places of residence, or by actual contact with the members by telephone or otherwise.
Three councilmen and the mayor or, in the absence of the mayor, four councilmen, shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time.
The council at its annual meeting shall, by the vote of a majority of the council, elect from their number a president of the council, who shall preside at all its meetings when the mayor does not preside. He shall hold office for one year and until the next annual meeting. He shall have the right to debate and vote on all questions before the council. If the council at its annual meeting fails to elect a president, the mayor shall appoint the president from the council, and in that case no confirmation by the council shall be necessary.
If the mayor is absent from the borough for a period of three days or for any reason is unable to act, the president of the council shall perform all the duties of the mayor during such absence or inability. The mayor, in case of his intended absence from the borough for more than three days at any one time, shall notify the president in writing of the intended absence, whereupon the president shall be and become acting mayor from the receipt of the notice and continue to act until the mayor's return. In case of the temporary inability of the president of council to so act, the member of council having the longest term of service may act temporarily for the president of council.
The council shall possess all of the powers granted by or permissible under the laws of the State of New Jersey.
The council shall provide rules of procedure by resolution. These rules shall not be inconsistent with the provisions of this code. Except where the council provides otherwise by resolution, the proceedings at all meetings shall be conducted in accordance with Roberts Rules of Order, revised. The borough attorney shall be ex officio parliamentarian and shall be prepared, at the request of any member of the council, to give his opinion on any question of procedure.
All regular and special meetings of the council shall be open to the public. The borough attorney, the clerk and any other borough officer or employee whose presence shall be required by resolution of the council shall attend such meetings.
The council may convene at any time in informal conference for the study of borough business or to plan for the agendas of its future meetings. No persons other than those specifically invited by the council to attend shall be permitted to be present at such conference.
[New]
There shall be a clerk of the Borough of Hopewell appointed by the council for a term of one year. Prior to his appointment the borough clerk shall be qualified by training and experience to perform the duties of his office.
The borough clerk shall serve as clerk of the council. He shall attend all meetings of the council and of such committees when required by the chairman and shall keep the minutes of the meetings of the council and of such committees. The minutes of each meeting of the council shall be signed by the officer presiding at the meeting and by the clerk.
a. 
The clerk shall record all ordinances of a permanent character in books to be provided for that purpose. After each ordinance he shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the mayor and the clerk, who shall attest that it was duly adopted upon a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the clerk or the mayor to record, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.
b. 
At the close of each year the clerk, with the advice and assistance of the borough attorney, shall bind, compile or codify all the ordinances, or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances.
The clerk shall have custody of and shall safely keep all records, books and documents of the borough, except those committed by ordinance to any other office or transferred thereto by the council. He shall, upon request and upon the payment of the fees prescribed therefor by resolution of the council for the use of the borough, furnish a certified copy of any such paper in his custody under the corporate seal of the borough.
The clerk shall cause the corporate seal of the borough to be affixed to instruments and writings when authorized by ordinance or resolution of the council or when necessary to exemplify any document on record in his office, or to certify any act or paper which from the records in his office shall appear to have been a public act of the borough or a public document. He shall not affix the seal or cause or permit it to be affixed to any other instrument, writing or other paper unless required by law or ordinance.
The clerk, subject to the supervision of the council, shall:
a. 
Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond which shall be placed in the custody of the treasurer; of all insurance policies upon or with respect to risks insured for the benefit of the borough or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the borough may be a party.
b. 
Be the depository for and have custody of all performance bonds running to the borough as obligee, or any other form of security given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the borough.
c. 
Have custody of all leases of property owned by the borough.
d. 
Report to the borough council annually, at such time as the council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
No rule or general regulation made by any department, officer, agency or authority of the borough, except such as relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the borough clerk. The clerk shall maintain a current compilation of all such rules and regulations which shall be available for public inspection in his office during business hours.
The clerk shall maintain a record of all real property which the borough may acquire, sell, or lease. The records shall be in such form and contain such information as the Division of Local Finance in the Department of Community Affairs of the State of New Jersey shall prescribe. It shall be available for inspection in the office of the clerk.
In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the mayor and borough council, the clerk shall:
a. 
Perform all of the functions required of municipal clerks by the General Election Law, R.S. 19, and any other law or ordinance.
b. 
Administer the provisions of borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the clerk.
c. 
Have such other different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to hire by the mayor and borough council.
[Ord. 633]
There is hereby created in the borough the office of the deputy municipal clerk.
A deputy municipal clerk may be appointed by the mayor and borough council, and upon such appointment shall serve for a term of three years.
The deputy municipal clerk shall serve as an assistant to the municipal clerk and shall, during the absence or disability of the municipal clerk, have all the powers of the municipal clerk and shall perform the functions and duties of such office.
The deputy municipal clerk shall receive such compensation as shall be prescribed by the borough council according to law.
[New]
Within the borough there shall be a borough treasurer. The collector, when so designated by the council, shall be the treasurer of the borough. He shall serve for a term of one year.
The treasurer shall have, perform and excise all the functions, powers and duties, provided by general law and borough ordinances. He shall keep and maintain books and records of all financial transactions of the borough in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey. He shall have custody of all public moneys of the borough and make monthly reports to the council of all receipts, expenditures, commitments and unexpended appropriations. All moneys received from any source by or on behalf of the borough or any department, board, office or agency thereof, except as otherwise provided by borough ordinance, shall be paid to the treasurer who, by the next ensuing bank day after their receipt, shall deposit them in the authorized public depository of the borough to the credit of the proper account.
[Ord. 441]
Pursuant to the authority and mandate of N.J.S.A. 40A:9-140.10, the position of chief financial officer for the Borough of Hopewell is hereby created.
The following salary is hereby established and authorized to be paid to the chief financial officer for the year 1989: $4,000. Thereafter, the salary of the chief financial officer shall be that amount authorized by the mayor and council in the yearly salary ordinance for the borough.
[New; Ord. 669]
Disbursements in payment of bills and demands shall be made by the treasurer upon his preaudit and approval by the council, except that payments from the payroll account shall be made pursuant to subsection 2-10.2 below. Every warrant shall be in the form of a warrant-check payable to the order of the person entitled to receive it and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant-check shall bear the signatures of the mayor or council president, the clerk and the treasurer.
There may be an account to be designated the Borough of Hopewell Payroll Account and from time to time the borough treasurer, on receipt of a warrant or an amount due the payroll account, shall deposit it to the credit of the payroll account, charging the appropriate budgetary accounts therewith. Disbursement from the payroll account may be made by payroll checks signed by the treasurer or, in his absence, by the clerk upon preaudit by the treasurer and approval by the council of the entire payroll. In case of error or adjustment in the payroll, the treasurer shall make proper correction and appropriate record thereof.
Itemized claims supported by receipts, where available, shall be presented in order to obtain reimbursement for expenses incurred by local officials where authorized to travel by the borough.
Persons seeking to be married or joined in a civil union by the mayor of the Borough of Hopewell shall pay a fee to the Borough of Hopewell in the amount of $100. The fees must be made payable to the Borough of Hopewell.
a. 
Establishment of Policy. There is hereby established by and within the borough a policy setting forth procedures concerning the payment of and reimbursement for expenses incurred by the mayor in connection with the performance of wedding and civil union ceremonies.
b. 
Expenses. The mayor of the Borough of Hopewell may be reimbursed for any out-of-pocket expenses in connection with the performance of a wedding or civil union ceremony. Such out-of-pocket expenses must be documented by receipts and submitted to the governing body, after approval of the purchasing department. Expenses not verified by receipt shall not be reimbursed.
c. 
Mileage. The borough shall reimburse for mileage where the mayor uses his or her own automobile in order to perform a wedding or civil union ceremony and only in such circumstances where the use of a personal automobile is reasonable and appropriate. Said reimbursement shall be limited to the miles to and from the ceremony at the prevailing Federal Standard rate per mile in accordance with the Borough Employee Policies and Procedures Manual adopted March 1, 2004.
d. 
Limitation on Expenses. The borough shall be obligated to reimburse only those expenses that are reasonable in nature, as determined by the governing body, and related to the performance of a wedding or civil union ceremony.
e. 
Procedures for Approval of Expenses. Before incurring any expenses or expenditures in connection with the performance of a wedding or civil union ceremony, the mayor shall first submit and have approved a proper requisition form, as determined by the chief financial officer, setting forth maximum estimates of all expenditures and expenses to be reimbursed by the borough. The amounts set forth in the requisition form shall be the maximum amounts that the borough is obligated to reimburse.
f. 
Collection of Fees. Any fees collected pursuant to this subsection must be made payable to the borough.
[New]
The tax collector shall possess all the powers and duties established by law. The collector shall enter in suitable books to be kept for that purpose the sums received by him each day for taxes, with the names of the persons on whose account the same shall have been paid; shall keep a record and account of the finances of the borough, and shall, within 60 days after the end of the fiscal year, or when otherwise required by the council, make and furnish a report thereof, with a detailed and true statement of all moneys received by him and disbursed therefrom and for what purposes, from the commencement of his official year to the date of his report, or for such period as the council may require, and a list of delinquent taxpayers for the previous year. He shall file the report, with two copies of the statement and list of delinquents, with the clerk within the time hereinabove specified or when otherwise required by the council. He shall, as necessary and as directed, arrange for and conduct sales of real estate for delinquent taxes.
[New; Ord. 327]
There shall be a tax assessor of the borough who shall:
Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor.
Make assessments for benefits for local improvement and for that purpose have and exercise the powers and duties of a board of assessment for local improvements as provided by law.
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
Maintain a current tax map of the borough as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by this chapter.
Report to the council as to equalization proceedings and other matters involving the county tax board and make recommendations as to action to be taken in that regard.
On and after July 1, 1971, no person may be an assessor unless he holds a tax assessor certificate. This requirement shall not apply to anyone who has served in office continuously from July 1, 1967.
A person reappointed to office, after receiving a tax assessor certificate, and having served as tax assessor for not less than four consecutive years immediately prior to such reappointment, and a person who received a tax assessor certificate on or before June 30, 1969, while actually in office, and having prior to June 30, 1969, served in office for four consecutive years, shall be entitled to tenure pursuant to R.S. 54:1-35.31.
[Ord. 623]
The office of the administrator of the Borough of Hopewell is hereby created in and for the borough, pursuant to N.J.S.A. 40A:60-7 and N.J.S.A. 40A:9-136, et seq.
The administrator shall be appointed on the basis of his/her executive and administrative qualifications. Previous responsible, successful experience in local government and municipal management shall be preferred. The administrator need not be a resident of the borough at the time of appointment, and may also thereafter reside outside the borough.
The administrator shall be appointed by the mayor with the advice and consent of the council and shall serve at the pleasure of the mayor and council. Specific terms and conditions of employment shall be set forth in a written agreement, and be approved by resolution of the mayor and council.
Pursuant to N.J.S.A. 40A:9-138, the administrator may be removed by a two-thirds vote of the council. The resolution of removal shall become effective three months after its adoption. The council may provide that the resolution shall have immediate effect; provided, however, that the council 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.
Upon removal, resignation or extended leave of the administrator, the mayor, with the advice and consent of the council, may appoint a temporary acting administrator to serve for a period of up to 90 days. Thereafter, depending on the needs of the borough, that appointment may be extended, or a new administrator may be appointed pursuant to subsection 2-9A.3.
The administrator shall be a full time employee of the borough. However, nothing herein shall prevent the administrator from also holding any other appointive borough office and fulfilling the duties thereof.
The administrator shall receive annual compensation as set by the borough council.
The administrator shall, under the direction of the mayor and council, to the extent not prohibited by law:
a. 
Be responsible for the proper and efficient administration of all borough business, except those duties and responsibilities conferred upon other borough officials by state statutes, other applicable laws, rules and regulations promulgated by state and county agencies, judicial authority or ordinances of the borough.
b. 
Serve as the borough's personnel officer, with final authority for the hiring, promotion, discipline, suspension or discharge of any employee, except those for whom the mayor and council are directly responsible, provided that those employees covered by other applicable state statutes or borough ordinances shall be hired, promoted, disciplined, suspended or discharged in accordance with such laws.
c. 
Oversee all departments and assign responsibility for departmental action, and coordinate interdepartmental operations, including those of the borough attorney, borough engineer and borough auditor.
d. 
Prepare the proposed annual borough budget by requiring and receiving appropriation requests from the heads of departments, boards, committees and other appropriate officials; submitting a tentative budget to and consulting with the mayor and council with respect thereto; and submitting final recommendations in the time and form required by law for municipal budgets, appending thereto a detailed analysis of the various items of expenditure and preliminary revenues and such explanatory comment or statement as may be desirable.
e. 
Administer the budget after its adoption, implement the work programs contained therein, and enforce the financial procedures and policies of the borough and its departments.
Unless another borough official is appointed to serve as purchasing agent of the borough, the administrator shall serve in that capacity and shall have the authority, responsibility and accountability for the purchasing activity of the borough; to prepare public advertising and specifications for bids, requests for proposals and related documents; to receive bids and proposals for the provision of goods and services on behalf of the borough; and to award contracts pursuant to N.J.S.A. 40A:11 et seq. in the name of and in accordance with the purchasing policies of the borough. The purchasing agent shall conduct all activities that may be necessary or appropriate to the purchasing function of the borough. If directed by the mayor and council, the administrator shall take all steps necessary to become a qualified purchasing agent, pursuant to N.J.S.A. 40A:11-9.
[Ord. 660]
The purpose of this section is to create the administrative mechanisms needed for the execution of Hopewell Borough's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for Hopewell Borough to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Hopewell.
a. 
Establishment of Position of Municipal Housing Liaison. There is hereby established the position of municipal housing liaison for Hopewell Borough.
b. 
Subject to the approval of the Council on Affordable Housing (COAH), the municipal housing liaison shall be appointed by the mayor with the advice and consent of the council and may be a full or part-time municipal employee.
c. 
The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program for Hopewell Borough, including the following responsibilities that may not be contracted out:
1. 
Serving as Hopewell Borough's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
2. 
Monitoring the status of all restricted units in Hopewell Borough's Fair Share Plan;
3. 
Compiling, verifying, and submitting annual reports as required by COAH;
4. 
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
5. 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
6. 
If applicable, serving as the administrative agent for some or all of the restricted units in Hopewell Borough.
d. 
Subject to approval by COAH, Hopewell Borough may contract with or authorize a consultant, authority, government or any agency charged by the borough council, which entity shall have the responsibility of administering the affordable housing program of Hopewell Borough. If Hopewell Borough contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the municipal housing liaison shall supervise the contracting administrative agent.
e. 
Compensation shall be fixed by the borough council at the time of the appointment of the municipal housing liaison.
[New; Ord. 289]
The building inspector shall be appointed by the mayor, with the advice and consent of the council, to serve for a term of one year. Prior to his appointment he shall be qualified by training and experience in the duties of a building inspector.
The building inspector shall issue certificates of occupancy. In addition, he shall:
a. 
Enforce the building code and have all powers, functions and duties prescribed by general law and ordinance for building inspectors.
b. 
Keep a record of his proceedings, a permit book and complaint book, all of which shall be subject to inspection. He shall report regularly to the council, at their direction, the number of permits issued, the estimated cost of such work and the fees received and paid by him to the treasurer.
[Ord. 217]
The zoning officer shall be appointed by the mayor with the advice and consent of the council and shall receive such compensation as the borough council may from time to time determine.
The zoning officer shall serve as the administrator of the provisions of the zoning chapter of this revision and shall be responsible for the enforcement of such provisions. He and his duly appointed assistants shall have such powers as are established in Chapter 12, or statute, or as may be reasonably implied. In addition, he shall:
a. 
Keep a record of all applications for zoning permits, a record of all zoning permits issued and denied, a record of all certificates of occupancy issued by the building inspector, together with notations of all special or unusual conditions involved therewith. These records shall be dated and numbered consecutively, safely secured in the municipal building, and shall be made available by the zoning officer for public inspection upon request.
b. 
Prepare and submit to the borough council monthly reports citing for the period since his last report, all applications received and his actions thereon, all certificates of occupancy issued, all complaints of violations received, all notices of violation issued by him and action taken by him consequent thereon. A copy of such report shall be filed with the tax assessor, the secretary of the zoning board of adjustment, and the secretary of the planning board at the same time it is filed with the borough council.
[New]
The borough attorney shall be appointed by the mayor with the advice and consent of the council for a term of one year. He shall be an attorney at law of New Jersey. The attorney shall receive a fixed base salary as a retainer and shall, in addition, be paid such fees and charges as shall be deemed reasonable.
The attorney shall have such powers and perform such duties as are provided for the office of the borough attorney by general law or ordinances of the borough. He shall represent the borough in all judicial and administrative proceedings in which the municipality or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the council or any member thereof, and shall in general serve as the legal advisor to the council on all matters of borough business. In furtherance of such general powers and duties, but without limitation thereto, the borough attorney shall:
a. 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the borough.
b. 
With the approval of the council, conduct appeals from orders, decisions or judgments affecting any interest of the borough as he may in his discretion determine to be necessary or desirable or as directed by the mayor and council.
c. 
Subject to the approval of the borough council, have power to enter into any agreement, compromise or settlement of any litigation in which the borough is involved.
d. 
Render opinions in writing upon any question of law submitted to him by the council or any member thereof with respect to their official powers and duties, and perform such duties as may be necessary to provide legal counsel to the council in the administration of municipal affairs.
e. 
Supervise and direct the work of such additional attorneys and technical and professional assistants as the council may authorize for special or regular employment in or for the borough.
[Ord. 245; New]
There is hereby established in and for the borough a police department consisting of a chief of police and such other officers, policemen and policewomen as may from time to time be appointed.
A candidate for membership in the police department shall be:
a. 
A citizen of the United States.
b. 
In good health, sufficient to satisfy the board of trustees of the Police Retirement System of New Jersey that he is eligible for membership in the retirement system. He shall also be sound in body.
c. 
Able to read, write and speak the English language well and intelligently.
d. 
Of good moral character.
e. 
A high school graduate or have the equivalent education.
f. 
Eighteen years of age and less than 35 years of age except that this shall not prohibit the appointment as police chief of any person serving as chief of police on September 10, 1973.
No person shall be appointed who has been convicted of any crime constituting an indictable offense or any crime or offense involving moral turpitude.
Each candidate shall complete and file with the borough council a written application, under oath, in such form as may be required by the borough council. He shall submit to and successfully pass any written, oral and physical examination which may be required by borough council.
The officers and men appointed to the police department shall hold their respective offices and continue in their respective employment during good behavior and efficiency and shall not be removed therefrom except for incapacity, misconduct or disobedience of rules and regulations established for the government of the police department.
Each police patrolman, temporary and special policeman shall be subject to the command and direction of the head of the police department actually in command, and shall perform all duties and obligations prescribed with respect to the department and with respect to all laws, ordinances and general law enforcement.
The department is charged with the duty of enforcing law, maintaining order, preventing crime, investigating actual or alleged criminal acts and apprehending all violators in manner agreeable to law and the regulations of the department.
The mayor and council shall establish by resolution, and may from time to time amend and repeal by resolution, such rules and regulations as they may deem necessary for the government and efficient working of the entire department. The rules and regulations when adopted shall be posted by the chief of police within five days after their adoption in the room in the municipal building assigned to the police department, and a copy thereof delivered to each and every member of the department within five days after their adoption or any amendment or repeal thereof. Failure to post rules and regulations shall in no way invalidate such rules and regulations.
[Ord. 70; New]
The borough recognizes the Hopewell Fire Department as the duly incorporated volunteer fire company, as the agent and instrument of the borough for the prevention and control of fire. The fire department shall be at all times subject to the direction, regulation and control of the borough council.
Pursuant to R.S. 40:47-52, et seq., a fireman otherwise qualified who has performed 60% of fire duty in the department during each of seven years, shall be entitled to the issuance of an exempt fireman's certificate and all the rights and privileges incident thereto. Sufficiency of service shall be established by records of the department filed annually with the borough clerk. Such records shall be verified by the chief pursuant to R.S. 40:47-55.
[Ord. 149]
The following officers shall be established for the departments of streets and water:
Supervisor of the street department.
Assistant supervisor of the street department.
Supervisor of the water department.
Assistant supervisor of the water department.
[Ord. 141; New; Ord. 527; Ord. 579]
A municipal court for the borough is established pursuant to the provisions of R.S. 2A:8-1, et seq. The court shall be known as the "Municipal Court of the Borough of Hopewell" and shall have a seal which shall bear the impress of the name of the court.
There shall be a municipal judge of the municipal court who shall be a resident of this state and who shall be an attorney-at-law admitted to practice in this state for at least five years. The judge shall be appointed by the mayor with the advice and consent of the council and shall serve for a term of three years from the date of appointment and until his successor is appointed and qualified. The judge shall receive an annual salary which shall be paid at the same times and in the same manner as the salaries of other officials of the borough, and which shall be in lieu of any and all other fees.
The municipal court and the municipal judge shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented, or by any other law.
The municipal court shall be held in the borough hall. The municipal judge shall sit at such times as the business of the court may require, subject to the rules applicable to municipal courts.
The mayor, with the advice and consent of council, shall appoint and employ a municipal public defender in accordance with P.L. 1997, c. 256. The municipal public defender shall serve for a term of one year from the date of his appointment and may continue to serve in office pending reappointment or appointment of a successor.
The municipal public defender shall receive compensation, either on an hourly, per diem, annual or other basis as the mayor and council may provide. Such compensation shall include payment for interlocutory appeals in the New Jersey Superior Court.
a. 
The municipal public defender shall represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in municipal court who is an eligible indigent municipal defendant. The municipal public defender shall be responsible for handling all phases of the defense, including, but not limited to, discovery, pre-trial and post-trial hearings, motions, removals to federal district court and other collateral functions reasonably related to the defense.
b. 
If determined to be necessary by the municipal court, additional services and facilities of representation, including, but not limited to, expert and lay investigation and testimony, shall be provided to the defendant. Beginning March 23, 1999, payment for those necessary services and facilities shall be provided by the borough.
c. 
The municipal public defender shall represent an eligible indigent defendant charged in municipal court with the commission of a crime as specified in N.J.S. 2B:12-18 or, if in the opinion of the court, there is a likelihood that the defendant, if convicted of any other offense, will be subject to imprisonment or other consequence of magnitude.
d. 
All communications between the indigent defendant and municipal public defender or any other attorney appointed to act as a municipal public defender shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel had been privately engaged by the defendant.
Should there be a vacancy in the office of municipal public defender due to temporary unavailability or disqualification for conflict of interest, the municipal court shall appoint a qualified attorney to represent the indigent defendant. Once appointed, the attorney shall carry out all duties of the municipal public defender in connection with the case which is the subject of the appointment.
Eligibility for services of the municipal public defender shall be determined by the municipal court on the basis of the need of the indigent defendant, which shall be measured according to section 14 of P.L. 1967, c. 43 and guidelines promulgated by the New Jersey Supreme Court. Whenever an indigent defendant entitled to representation is under the age of 18 years, eligibility for services shall be determined on the basis of the financial circumstances of the defendant and the financial circumstances of the defendant's parents or legal guardians.
a. 
All defendants applying for representation by the municipal public defender shall pay an application fee of $200 in accordance with guidelines promulgated by the Supreme Court. The municipal court may waive the required application fee, in whole or in part, only if the court determines, in its discretion upon a clear and convincing showing by the defendant, that the application fee represents an unreasonable burden on the defendant.
b. 
Funds collected pursuant to paragraph a of this subsection shall be deposited in a dedicated fund administered by the chief financial officer of the borough. Such funds shall be used exclusively to meet the costs incurred in providing the services of a municipal public defender, including expert and lay investigation and testimony when required.
[Ord. 564]
Pursuant to the provisions of P.L. 1996, c. 95 of the Laws of the State of New Jersey, the position of municipal prosecutor for the Borough of Hopewell is hereby created.
The municipal prosecutor shall be an attorney-at-law and shall be under the supervision of the office of the New Jersey Attorney General and the office of the Mercer County Prosecutor. The municipal prosecutor shall be appointed by the borough council and shall hold office until January 1 or the borough council reorganization meeting next following his or her appointment. Any vacancy in the office shall be filled by the borough council for the unexpired portion of such term.
The municipal prosecutor shall receive such compensation as shall be prescribed by the borough council annually.
The municipal prosecutor shall represent the state, county or borough in any matter within the jurisdiction of the municipal court as established in section 2-16 of this code. Specifically, said municipal prosecutor shall have the authorization to prosecute criminal and quasi-criminal actions on behalf of the State of New Jersey and the borough. He or she shall have the privileges and immunities protections as are available to the New Jersey Attorney General, the Mercer County Prosecutor and their respective designees. The municipal prosecutor shall also participate in various training programs as established by the New Jersey Attorney General and the Administrative Office of the Courts and shall comply with the provisions of P.L. 1996, c. 95 of the Laws of the State of New Jersey as applicable.
[Ord. 51; New]
There shall be a board of health in the borough which shall consist of five members. The members shall be appointed by the mayor, with the advice and consent of the council, for staggered terms of three years; provided that in case a vacancy occurs in the board by death, resignation or removal it shall be filled in the same manner in which the original appointment was made for the unexpired term only.
The board shall elect a president from among its own members and shall adopt rules and regulations for its own government.
The board of health shall have all of the jurisdiction conferred upon boards of health by Title 26 of the Revised Statutes.
The board of health shall appoint a registrar of vital statistics, clerk and sanitary inspector, and such other officers or assistants as it may deem necessary; all appointees of the board of health shall be governed by the rules of that board, and they may be removed for cause.
The police officers of the borough shall be special sanitary inspectors, and shall promptly report to the board of health every violation of the health ordinances of the borough which may come within their observation.
[Ord. 276]
There shall be a planning board for the borough which shall be established pursuant to and have such powers as are set forth in section 10A-2 of this revision.
[Ord. 276]
There shall be a board of adjustment for the borough which shall be established pursuant to and have such powers as are set forth in section 10A-3 of this revision.
[Ord. 269; Ord. 386]
The borough does hereby determine that it will be economical and otherwise advantageous to it and to the residents and property owners of this borough for the borough and The Stony Brook Regional Sewerage Authority to enter into a contract providing for and relating to the treatment and disposal of sewage and other wastes originating in this borough by means of a sanitary sewerage system constructed by the Authority and the cost and expense of such treatment and disposal. Such contract, among other things, shall obligate the Authority to proceed promptly with the construction and placing in operation of such sewerage system and obligate this borough together with various other parties to pay the Authority such sums of money as may be necessary to provide for deficits which might result from failure or disability of the Authority to derive adequate avenues from the operation of its properties, all substantially on the terms of the contract authorized by this section.
The borough shall enter into a contract with The Stony Brook Regional Sewerage Authority, and various other parties, providing for and relating to the treatment and disposal, on the terms and conditions substantially in the form hereinafter referred to, and the mayor shall be and he hereby is authorized and directed on behalf of this borough to execute the contract under the corporate seal of this borough, which shall be affixed and attested by the clerk of this borough, and to deliver the same.
Such contract shall be in substantially the form marked "Exhibit A — To Stony Brook Regional Sewerage Authority Municipal Service Contract Ordinances of 1974" and now on file in the office of the clerk of this borough and by this reference thereto made a part of this section, and the terms and conditions thereof are hereby approved and specifically agreed to.
[New]
There shall be a shade tree advisory commission, which shall consist of three members to be appointed by the mayor with the advice and consent of the council. The term of each member shall be three years commencing on January 1, except that of those first appointed one shall be for a term of one year, one for a term of two years and one for a term of three years. One of the commission members may be a member of borough council.
The shade tree commission shall render service to the borough concerning the regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, and public places; the operation, maintenance, planning and development of parks and parklands, within the jurisdiction of the borough.
[Ord. 268; Ord. 500]
[1]
Editor's Note: Former Section 2-22, Hopewell Valley Recreation Commission, previously codified herein and containing portions of Ordinance 268, was repealed in its entirety by Ordinance No. 500.
[Ord. 317]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay any claim in excess of $2,500 for fire damages to real property located within the borough, unless or until all taxes, assessments and other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company as provided in section 3 of P.L. 1978, c. 184; or the municipality submits to the insurance company a copy of a resolution adopted pursuant to section 4 of P.L. 1978, c. 184.
The official certificate of search may, from time to time, be altered, by the bonded official responsible for preparing such certificates, in order to cancel any error or omissions or to add any municipal liens or related charges due and payable subsequent to the preparation of the official certificate.
In the event an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to R.S. 54:3-21, the insurance company shall issue a draft payable to the court of record to be held by the court in an interest bearing account in a banking institution or savings and loan association in the state, in an amount totaling 75% of the full amount of the lien or charge being contested but not to exceed the proceeds payable under its insurance policy, and the insurance company shall issue a draft payable to the municipality for the remaining 25 the insurance company to the court and the municipality not to exceed the proceeds payable under its insurance policy pending termination of all proceedings, at which time such moneys, and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in the state, shall be disbursed in accordance with the final order of judgment of the court.
Any claim on behalf of the borough made in accordance with the provisions of this section and P.L. 1978, c. 184 shall be paramount to any other claims on the proceeds of the fire insurance, except the claim of a holder of a mortgage on the fire damaged property, where the fire insurance policy at the time of the loss listed the mortgagee as a named insured, in which event the claim of the mortgagee to the proceeds shall be paramount to the municipal lien only to the extent of the amount due and payable to the mortgagee under the mortgage contract.
All fire insurance policies covering property within the borough, issued or renewed after the adoption of this section and the filing of a copy of this section with the State Commissioner of Insurance shall be subject to the provisions of this section.
This Ordinance shall take effect upon passage and publication as provided by law.
[Ord. 326; Ord. 335; Ord. 376; Ord. 393; Ord. 394; Ord. 395; Ord. 404; Ord. 439; Ord. 440; Ord. 456; Ord. 458; Ord. 459; Ord. 484; Ord. 485; Ord. 501; Ord. 502; Ord. 516; Ord. 517; Ord. 529; Ord. 530]
Therefore, be it ordained, by the mayor and council of the Borough of Hopewell:
a. 
Contract. The Borough of Hopewell is hereby authorized to enter into a contract with the Township of Hopewell for public health services for 1992 for residents of the Borough of Hopewell. Said services shall be furnished and rendered by the Township of Hopewell pursuant to a contract, a copy of which is annexed hereto.
b. 
Effective Date. This subsection shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Township of Hopewell and if said municipality has already adopted such an ordinance, upon passage and publication as provided by law.
Therefore, be it ordained by the mayor and council of the Borough of Hopewell:
a. 
Contract. The Borough of Hopewell is hereby authorized to enter into a contract with the Township of Hopewell for police protection services for 1992 for residents of the Borough of Hopewell. Said services shall be furnished and rendered by the Township of Hopewell pursuant to a contract, a copy of which is annexed hereto.
b. 
Effective Date. This subsection shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Township of Hopewell and if said municipality has already adopted such an ordinance, upon passage and publication as provided by law.
a. 
Contract. The Borough of Hopewell is hereby authorized to enter into a contract with the Township of Hopewell for Uniform Fire Safety Code Administrative Services for the last quarter of 1985 and for the years 1986, 1987, 1988 and 1989. Said services shall be furnished and rendered by the Township of Hopewell pursuant to a contract, a copy of which is annexed hereto.
b. 
Effective Date. This subsection shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Township of Hopewell and if said municipality has already adopted such an ordinance, upon passage and publication as provided by law.
Therefore, be it ordained, by the mayor and council of the Borough of Hopewell:
a. 
Contract. The Borough of Hopewell is hereby authorized to enter into a contract with the Township of Hopewell for Basic Life Support Services for residents of the Borough of Hopewell for 1987, 1988 and 1989. Said services shall be furnished and rendered by the Township of Hopewell pursuant to a contract, a copy of which is annexed hereto.
b. 
Effective Date. This subsection shall take effect upon the adoption of a substantially similar ordinance by the governing body of the Township of Hopewell and if said municipality has already adopted such an ordinance, upon passage and publication as provided by law.
Therefore, be it ordained, by the mayor and council of the Borough of Hopewell:
a. 
Contract. The Borough of Hopewell is hereby authorized to enter into a contract with the Mercer County Improvement Authority for the collection and marketing of recyclable solid waste in accordance with the Mercer County Solid Waste Management Plan for a period of five years commencing on or about September 11,1989. Said services shall be furnished and rendered by the Mercer County Improvement Authority pursuant to a contract, a copy of which is annexed hereto.
b. 
Effective Date. This subsection shall take effect upon the adoption of a resolution by the Mercer County Improvement Authority and if said authority has already adopted such a resolution, upon passage and publication of this subsection as provided by law.
[Ord. 412]
The Borough of Hopewell is hereby constituted and established as a single fire district to be known as "The Commissioners of Fire District No. 1 in the Borough of Hopewell, County of Mercer."
This fire district is established and constituted pursuant to N.J.S.A. 40A:14-70, et seq., and said fire district shall be a body corporate and shall have such powers and authority as are specified by statute.
This section shall take effect upon its passage and publication as provided by law.
[Ord. 413]
There is hereby established pursuant to c. 516, P.L. 1985, (N.J.S.A. 40:55D-107) a historic preservation commission.
a. 
The historic preservation commission shall consist of five regular members and two alternate members. At least one regular member shall belong to each of the following classes:
CLASS A - A person who is knowledgeable in building design and construction or architectural history and who may reside outside the borough.
CLASS B - A person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the borough.
CLASS C - Those regular members who are not designated as Class A or B. Class C members shall be citizens of the municipality who shall hold no other office, position, or employment in the borough except for membership on the planning board or board of adjustment. If possible, Class C members shall be knowledgeable in local history, history of landscape design, archaeology, architectural history, or building design.
b. 
The mayor with the advice of borough council shall appoint all members of the historic preservation commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." Of the regular members first appointed, one shall have a term of one year, one shall have a term of two years, one shall have a term of three years, and two shall have a term of four years; and, in the case of alternate members, Alternate No. 2 shall have a term of one year and Alternate No. 1 shall have a term of two years. Thereafter, the term of a regular member shall be four years; and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the initial appointment subject to the continuing requirements concerning the appointment of members. Notwithstanding any other provision herein, the term of any member common to the historic preservation commission and the planning board shall be for the term of membership on the planning board; and the term of any member common to the historic preservation commission and the board of adjustment shall be for the term of membership on the board of adjustment.
c. 
The historic preservation commission shall elect a chairman and vice-chairman from its members and select a secretary who may or may not be a member of the historic preservation commission or a municipal employee. The persons so elected shall be eligible for reelection.
d. 
Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
e. 
No member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
f. 
A member may, after public hearing if he requests it, be removed by the governing body for cause.
g. 
Members shall serve without compensation but may, within budgetary limitations, be reimbursed for authorized expenses incurred.
The historic preservation commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the commission's use.
The historic preservation committee shall have the responsibility to:
a. 
Prepare a survey of historic sites of the borough pursuant to criteria identified in the survey report;
b. 
Make recommendations to the planning board on the historic preservation plan element of the master plan and on the implications for preservation of historic sites of any other master plan elements;
c. 
Advise the planning board on the inclusion of historic sites in the recommended capital improvement program;
d. 
Advise the planning board and board of adjustment on application for development pursuant to section 24 of P.L. 1985, c. 516 (N.J.S.A. 40:55D-110).
e. 
Provide written reports pursuant to section 25, of P.L. 1985, c. 516 (N.J.S.A. 40:55D-111) on the application of the zoning ordinance provisions concerning historic preservation.
f. 
Carry out such other advisory, educational, and informational functions as will promote historic preservation in the borough.
a. 
Applications for Development. The planning board and board of adjustment shall make available to the historic preservation commission an informational copy of every application submitted to either board for development in the historic district zone or on historic sites designated on the zoning or official map or in any component element of the master plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The historic preservation commission may provide its advice which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
b. 
Applications for Issuance of Permits Not Part of a Development Application.
1. 
Upon receiving an application for a building or demolition permit in the historic district, which is not part of an application for development, the construction official shall forward one copy thereof to the zoning officer who shall determine the eligibility of said application for exemption under the section of the zoning ordinance regulating historic district zones.
2. 
Applications shall be submitted at least 14 days prior to a regularly scheduled planning board meeting.
3. 
If the application is not eligible for exemption, the zoning officer shall so inform the applicant and shall require the submission of architectural elevations of the proposed building, including existing architectural elevations if an existing building is part of the application, and the site plan submission documents required under the borough site plan review ordinance.
4. 
Upon receipt of the required documents, the zoning officer shall rule on the completeness of the application and shall then forward the complete application and architectural elevations to the historic preservation commission. Incomplete applications shall be returned to the applicant.
5. 
The historic preservation commission shall submit its report to the planning board within 35 days of referral of the application to the historic preservation commission. Failure of the historic preservation commission to report within the thirty-five-day period shall be deemed to constitute a report in favor of the issuance of the permit and without the recommendation of conditions to the permit. In preparing its report the historic preservation commission shall consider the applicable review guidelines set forth in the historic district zone provisions of the zoning ordinance.
[Ord. 486]
This section shall be known and may be cited as the "Hopewell Borough Code of Ethics."
The governing body of the Borough of Hopewell finds and declares that:
a. 
Public office and employment are a public trust;
b. 
The vitality and stability of representative democracy depend upon the public's confidence in the integrity of its elected and appointed representatives;
c. 
Whenever the public perceives a conflict between the private interests and the public duties of a government officer or employee, that confidence is imperiled;
d. 
Governments have the duty both to provide their citizens with standards by which they may determine whether public duties are being faithfully performed, and to apprise their officers and employees of the behavior which is expected of them while conducting their public duties.
a. 
It is the purpose of this section to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the municipality shall be clear, consistent, uniform in their application, enforceable, and to provide those officers or employees with advice and information concerning possible conflicts of interests which might arise in the conduct of their public duties.
b. 
It is the further purpose of this section to implement the provisions of the Local Government Ethics Law, P.L. 1990, c. 29, N.J.S.A. 40A:9-22.1 et seq.
c. 
This section is enacted under the authority of the Local Government Ethics Law, P.L. 1990, c. 29, N.J.S.A. 40A:99-22.1 et seq., and under the further authority granted to the municipality under the provisions of Titles 40 and 40A of the New Jersey Statutes.
As used in this section:
a. 
Agency shall mean any agency, board, governing body, including the chief executive officer, office, commission or other instrumentality within the municipality, and an independent local authority created by or appointed under the authority of the municipality, including any entity created by more than one municipality, which performs functions other than of a purely advisory nature;
b. 
Board shall mean local finance board in the division of local government services in the department of community affairs;
c. 
Business organization shall mean any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity;
d. 
Employee shall mean any person, whether compensated or not, whether part-time or full-time, employed by or serving on an agency, who is not a local government officer, but shall not mean any employee of a school district;
e. 
Interest shall mean the ownership or control of more than 10% of the profits, assets or stock of a business organization but shall not include the control of assets in a nonprofit entity or labor union;
f. 
Member of immediate family shall mean the spouse or dependent child of an officer or employee residing in the same household;
g. 
Officer shall mean any person whether compensated or not, whether part-time or full-time who is one of the following:
1. 
Member of the governing body.
2. 
Municipal administrator.
3. 
Deputy/assistant municipal administrator.
4. 
Director, department of finance.
5. 
Director, department of inspections.
6. 
Director, department of public works.
7. 
Director, department of recreation.
8. 
Chief of police.
9. 
Captain, police department.
10. 
Tax assessor.
11. 
Tax collector.
12. 
Municipal clerk.
13. 
Municipal attorney.
14. 
Municipal engineer.
15. 
Municipal planning consultant.
16. 
Municipal auditor.
17. 
Municipal judge.
18. 
Municipal court clerk.
19. 
Municipal prosecutor.
20. 
Municipal public defender.
21. 
Planning board member.
22. 
Planning board attorney.
23. 
Board of health member.
24. 
Landmark and historic sites commission member.
25. 
Board of improvement assessors member.
26. 
Zoning board of adjustment member.
27. 
Zoning board of adjustment attorney.
28. 
Local assistance board member.
29. 
Director of public assistance.
30. 
Municipal utilities authority member.
31. 
Municipal utilities authority executive director.
32. 
Board of fire commissioners member.
33. 
Fire chief.
34. 
Board of fire commissioners attorney.
35. 
Library board of trustees member.
36. 
Director, borough public library.
37. 
Municipal ethics standard board member.
38. 
Any other person who is a managerial executive or confidential employee, as defined in Section 3 of the "New Jersey Employer-Employee Relations Act," N.J.S.A. 34:13A-3, of the municipality or of an agency created under the authority of or appointed by the municipality, but shall not mean any employee of a school district or member of a school board;
h. 
Officer or employee shall mean an officer or employee of the Borough of Hopewell or of an agency under the authority of or appointed by the Borough of Hopewell.
i. 
Public member shall mean a resident of the municipality who is not a municipal officer or employee.
Officers and employees of the municipality shall comply with the following provisions:
a. 
No officer or employee of the municipality or member of his or her immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his or her duties in the public interest;
b. 
No independent local authority shall, for a period of one year next subsequent to the termination of office of a member of that authority:
1. 
Award any contract, which is not publicly bid, to a former member of that authority;
2. 
Allow a former member of that authority to represent, appear for or negotiate on behalf of any other party before that authority; or
3. 
Employ for compensation, except pursuant to open competitive examination in accordance with Title 11A of the New Jersey Statutes and the rules and regulations promulgated pursuant thereto, any former member of that authority.
The restrictions contained in this subsection shall also apply to any business organization in which the former authority member holds an interest.
c. 
No officer or employee shall use or attempt to use his or her official position to secure unwarranted privileges or advantages for himself or others;
d. 
No officer or employee shall act in his or her official capacity in any matter where he, a member of his or her immediate family, or any business organization in which he or she has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his or her objectivity or independence or judgment;
e. 
No officer or employee shall undertake any employment or service, whether compensated or not which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties;
f. 
No officer or employee, member of his or her immediate family, or any business organization in which he or she has an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him, directly or indirectly, in the discharge of his or her official duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office, if the officer has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the officer in the discharge of his or her official duties;
g. 
No officer or employee shall use, or allow to be used, his or her public office or employment, or any information, not generally available to the members of the public, which he or she receives or acquires in the course of and by reason of his or her office or employment, for the purpose of securing financial gain for himself, any member of his or her immediate family, or any business organization with which he or she is associated;
h. 
No officer or employee or any business organization in which he or she has an interest shall represent any person or party other than the municipality in connection with any cause, proceeding, application or other matter pending before any agency of the municipality. This provision shall not be deemed to prohibit an employee from representing another employee where the representation is within the context of official labor union or similar representational responsibilities;
i. 
No officer shall be deemed in conflict with these provisions if, by reason of his or her participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to him or her as a member of any business organization, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group;
j. 
No elected officers shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the officer or a member of his or her immediate family, whether directly or indirectly, in return therefor;
k. 
Nothing shall prohibit any officer or employee of the municipality, or members of his or her immediate family, from representing himself, herself or themselves, in negotiations or proceedings concerning his, her, or their, own interests;
l. 
No officer or employee elected or appointed in the municipality shall, without receiving formal written authorization from the appropriate person or body, disclose any confidential information concerning any other officer or employee or any other person or any property or governmental affairs of the municipality;
m. 
No officer or employee shall approve or disapprove or in any way recommend the payment of any bill, voucher or indebtedness owed or allegedly owed by the municipality in which he or she has a direct or indirect personal, pecuniary or private interest; and
n. 
No officer or employee elected or appointed in the municipality shall request, use or permit the use of any public property, vehicle, equipment, material, labor or service for personal convenience or the private advantage of himself or any other person. This prohibition shall not be deemed to prohibit an official or employee from requesting, using or permitting the use of such public property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large or which are provided as a matter of stated public policy for the use of officials and employees in the conduct of official business.
a. 
Officers of the municipality shall annually file a financial disclosure statement. All financial disclosure statements shall include the following information which shall specify, where applicable, the name and address of each source and the officer's job title:
1. 
Each source of income, earned or unearned, exceeding $2,000 received by the officer or a member of his or her immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions received through a business organization need not be separately reported as sources of income. If a publicly traded security is the source of income, the security need not be reported unless the local government officer or member of his or her immediate family has an interest in the business organization;
2. 
Each source of fees and honorariums having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the local government officer or a member of his or her immediate family during the preceding calendar year;
3. 
Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the local government officer or a member of his or her immediate family during the preceding calendar year;
4. 
The name and address of all business organizations in which the local government officer or a member of his or her immediate family had an interest during the preceding calendar year; and
5. 
The address and brief description of all real property in the state in which the local government officer or a member of his or her immediate family held an interest during the preceding calendar year.
b. 
The Hopewell Borough Ethics Standards Board shall prescribe a financial disclosure statement form for filing purposes. If a financial disclosure statement form has been promulgated by the New Jersey Local Finance Board, in accordance with the New Jersey Local Government Ethics Law, then that form shall be used. The municipal clerk shall make the forms available to the officers and employees required to file a financial disclosure statement.
c. 
The original statement shall be filed with the municipal clerk within 90 days following the effective date of the New Jersey Local Government Ethics Law. All subsequent statements shall be filed on or before April 30th of each year. A copy of the statements shall be filed with the Hopewell Borough Ethics Standards Board.
d. 
All financial disclosure statements filed shall be public records.
a. 
There is hereby established the Hopewell Borough Ethics Standards Board consisting of six members who are residents of the municipality, at least two of whom shall be public members. The members of the board shall be appointed by the governing body. The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. No more than three members of the board shall be of the same political party.
b. 
The members of the Hopewell Borough Ethics Standards Board shall annually elect a chairperson from among the membership.
c. 
The members shall serve for a term of five years; except that of the members initially appointed, two of the public members shall be appointed to serve for a term of five years, one member shall be appointed to serve for a term of four years, and the remaining members shall be appointed to serve for a term of three years. Each member shall serve until his or her successor has been appointed and qualified. Any vacancy occurring in the membership of the board shall be filled in the same manner as the original appointment for the unexpired term.
d. 
Members of the ethics standards board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties under this section.
e. 
All hearings required pursuant to this section shall be conducted in conformity with the rules and regulations, insofar as they may be applicable, provided for hearings by a state agency in contested cases under the "Administrative Procedure Act," N.J.S.A. 52:14B-1 et seq. Hearings required pursuant to this section will be open to the public only if the person whose conduct is the subject of the hearing requests that the hearing be open.
f. 
In the event a hearing is to be held, the officer or employee charged with violation of this section shall be accorded due process of law, including but not limited to the following:
1. 
Right to counsel.
2. 
Right to prehearing discovery.
3. 
Right to take sworn oral and written testimony from any person.
4. 
Reasonable notice of hearing.
5. 
Right to subpoena persons and documents.
6. 
Right to make stenographic record of the hearing.
7. 
Right of examination and cross-examination.
a. 
The municipal clerk shall provide the Hopewell Borough Ethics Standards Board with the facilities needed for the conduct of its business and the preservation of its records, and shall supply equipment and supplies as may be necessary and as may be provided for in the annual municipal budget.
b. 
All necessary expenses incurred by the Hopewell Borough Ethics Standards Board and its members shall be paid, upon certification of the chairperson of the board, by the municipal treasurer within the limits of funds appropriated in the annual budget or by emergency appropriations for those purposes.
c. 
The Hopewell Borough Ethics Standards Board may request and receive assistance from municipal officers and employees, including the municipal clerk and the municipal attorney, and may appoint employees, including independent counsel and clerical staff, as are necessary to carry out the provisions of this section within the limits of funds appropriated by the governing body for those purposes in the annual budget.
a. 
Within 90 days after the appointment of the Hopewell Borough Ethics Standards Board, the board shall promulgate, by resolution, a code of ethics for all officers and employees serving the municipality. Officers and employees serving a municipal independent authority shall be deemed to be serving the municipality for purposes of this section. Until such time as the Hopewell Borough Ethics Standards Board shall have adopted a code of ethics, the provisions set forth in subsection 2-27.5 shall serve as the code of ethics.
b. 
The code of ethics promulgated by the Hopewell Borough Ethics Standards Board shall be either identical to the provisions set forth in subsection 2-27.5 or more restrictive, but shall not be less restrictive.
c. 
Within 15 days following the promulgation thereof, the code of ethics, and a notice of the date of the public hearing to be held on the code of ethics, shall be published in the newspaper designated for the publication of official notices for the municipality and shall be distributed to the municipal clerk and to the municipal administrator for circulation among the officers and employees serving the municipality.
d. 
The Hopewell Borough Ethics Standards Board shall hold a public hearing on the code of ethics not less than 30 days following its promulgation at which any officer or employee of the municipality and any other person wishing to be heard shall be permitted to testify.
e. 
As a result of the hearing, the Hopewell Borough Ethics Standards Board may amend or supplement the code of ethics as it deems necessary.
f. 
If the code of ethics is not identical to the provisions set forth in subsection 2-27.5, the Hopewell Borough Ethics Standards Board shall, as required by law, submit the code of ethics to the New Jersey Local Finance Board for approval.
g. 
If the board fails to act within 60 days of the submission, the code of ethics shall be deemed approved.
h. 
A code of ethics requiring approval by the New Jersey Local Finance Board shall take effect 60 days after approval by the board.
i. 
A code of ethics identical to the provisions set forth in subsection 2-27.5 shall take effect 10 days after the public hearing thereon.
j. 
The Hopewell Borough Ethics Standards Board shall forward a copy of the code of ethics to the municipal clerk and shall make copies available to officers and employees serving the municipality.
The Hopewell Borough Ethics Standards Board shall have the following powers:
a. 
To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of the municipal code of ethics or financial disclosure requirements by local government officers or employees serving the municipality;
b. 
To issue subpoenas for the production of documents and the attendance of witnesses with respect to its investigation of any complaint or to the holding of a hearing;
c. 
To forward to the county prosecutor or the Attorney General or other governmental body any information concerning violations of the code of ethics or financial disclosure requirements by officers or employees serving the municipality which may warrant the institution of other legal proceedings by the Attorney General;
d. 
To render advisory opinions to local officers or employees serving the municipality as to whether a given set of facts and circumstances would constitute a violation of any provision of the code of ethics or financial disclosure requirements;
e. 
To enforce the provisions of the code of ethics and financial disclosure requirements with regard to officers or employees serving the municipality and to impose penalties for the violation thereof as are authorized by this section; and
f. 
To adopt rules and regulations and to do other things as are necessary to implement the purposes of this section.
a. 
An officer or employee of the municipality may request and obtain from the Hopewell Borough Ethics Standards Board an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the code of ethics or any financial disclosure requirements.
b. 
Advisory opinions shall not be made public, except when the Hopewell Borough Ethics Standards Board by the vote of two-thirds of all of its members directs that the opinion be made public.
c. 
Public advisory opinions shall not disclose the name of the officer or employee unless the Hopewell Borough Ethics Standard Board in directing that the opinion be made public so determines.
a. 
The Hopewell Borough Ethics Standards Board, upon receipt of a signed written complaint by any person alleging that the conduct of any officer or employee of the municipality is in conflict with the code of ethics or any financial disclosure requirements, shall acknowledge receipt of the complaint to the complainant and advise the person against whom the complaint is filed within 30 days of receipt, and shall initiate an investigation concerning the facts and circumstances set forth in the complaint.
b. 
The Hopewell Borough Ethics Standards Board shall make a determination as to whether the complaint is within its jurisdiction, frivolous or without any reasonable factual basis.
c. 
Complaints based upon an alleged conflict with the code of ethics or any financial disclosure requirement, which occurred more than one year prior to receipt of the complaint by the Hopewell Borough Ethics Standards Board, shall be deemed to be out of time and shall be returned to the complainant.
d. 
If the Hopewell Borough Ethics Standards Board shall conclude that the complaint is outside its jurisdiction, frivolous or without factual basis, it shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and to the officer or employee of the municipality against whom the complaint was filed.
e. 
If the Hopewell Borough Ethics Standards Board shall conclude that the complaint is within its jurisdiction and has at least a minimal factual basis, it shall so notify the officer or employee of the municipality against whom the complaint was filed.
f. 
The officer or employee shall have the opportunity to present the Hopewell Borough Ethics Standards Board with any statement or information concerning the complaint which he or she wishes.
g. 
If the Hopewell Borough Ethics Standards Board determines that a reasonable doubt exists as to whether the officer or employee of the municipality is in conflict with the municipal code of ethics or any financial disclosure requirements, the Hopewell Borough Ethics Standards Board shall conduct a hearing concerning the possible violation and any other facts and circumstances which may have come to the attention of the board with respect to the conduct of the officer or employee.
h. 
The Hopewell Borough Ethics Standards Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the code of ethics or any financial disclosure requirements. A decision that the conduct of the officer or employee is in conflict with the code of ethics or any financial disclosure requirements shall be made by not less than two-thirds of the full authorized membership of the ethics standards board.
i. 
If the Hopewell Borough Ethics Standards Board determines that the officer or employee is in conflict with the code or any financial disclosure requirements, it may impose any penalties which it believes appropriate within the limits of subsection 2-27.13.
j. 
A final decision of the board may be appealed to the local finance board within 30 days of the decision.
a. 
An appointed officer or employee of the municipality found guilty by the Hopewell Borough Ethics Standards Board of the violation of any provision of this section or of any code of ethics in effect pursuant to this section, shall be fined not less than $100 nor more than $500, which penalty may be collected in a summary proceeding pursuant to the "penalty enforcement law," N.J.S.A. 2A:58-1, et seq. The Hopewell Borough Ethics Standards Board shall report its findings to the office or agency having the power of removal or discipline of the appointed officer or employee and may recommend that further disciplinary action be taken.
b. 
An elected officer or employee of the municipality found guilty by the Hopewell Borough Ethics Standards Board of the violation of any provision of this section or of any code of ethics in effect pursuant to this section, shall be fined not less than $100 nor more than $500, which penalty may be collected in a summary proceeding pursuant to the "penalty enforcement law," N.J.S.A. 2A:58-1, et seq.
c. 
The finding by the Hopewell Borough Ethics Standards Board that an appointed officer or employee of the municipality is guilty of the violation of the provisions of this section, or of any code of ethics in effect pursuant to this section, shall be sufficient cause for his or her removal, suspension, demotion or other disciplinary action by the officer or agency having the power of removal or discipline. When a person who is in the career service is found to have violated the provisions of this section or any code of ethics in effect pursuant to this section, the procedure leading to removal, suspension, demotion or other disciplinary action shall be governed by any applicable procedures of Title 11A of the New Jersey Statutes and the rules promulgated pursuant thereto.
All statements, complaints, requests, or other written materials filed pursuant to this section, and any rulings, opinions, judgments, transcripts or other official papers prepared pursuant to this section shall be preserved for a period of five years from the date of filing or preparation, as the case may be.
[Ord. 496]
In March 1989, the Governor's Council on Alcoholism and Drug Abuse was established to coordinate all state department efforts regarding the planning and provision of prevention, education, treatment, research and evaluation services for, and public awareness of, alcoholism and drug abuse. Additionally, the legislation created an alliance to prevent alcoholism and drug abuse, comprised of all New Jersey communities, dedicated to a comprehensive and coordinated effort against alcoholism and drug abuse by providing funds (derived from the "Drug Enforcement and Demand Reduction Fund" established pursuant to N.J.S.A. 2C 35-15) to member municipal communities to support appropriate county and municipal based alcohol and drug abuse education and public awareness activities.
The governing bodies of the Boroughs of Hopewell and Pennington and the Township of Hopewell concur that these goals and plans are prudent and in the best interest of their citizens.
The three Hopewell Valley governing bodies, as noted above, have jointed together to provide alcohol and drug abuse education and public awareness activities through the Hopewell Valley Mayors' Task Force on Substance Abuse.
It is their intent that the Mayors' Task Force continue to build on its solid and widely recognized community reputation, functioning as a fully participating member of the alliance to prevent alcoholism and drug abuse.
The purpose of the task force (alliance) shall be to:
a. 
Organize and coordinate efforts involving schools, law enforcement, business groups and other community organizations for the purpose of reducing alcoholism and drug abuse;
b. 
Develop comprehensive and effective alcoholism and drug abuse education programs in grades kindergarten through 12 in cooperation with local school districts;
c. 
Develop procedures for the intervention, treatment-referral and discipline of students abusing alcohol or drugs in cooperation with local school districts;
d. 
Develop comprehensive alcoholism and drug abuse education, support and outreach for parents in the community; and
e. 
Develop comprehensive alcoholism and drug abuse community awareness programs.
The task force (alliance) membership should include broad representation from the local community, with at least 50% of the members residing in Hopewell Borough, Pennington Borough and Hopewell Township. Membership may include, but shall not be limited to.
a. 
Mayoral representative.
b. 
The chief of police.
c. 
The president of the school board.
d. 
The superintendent of schools.
e. 
A representative of the parent-teacher association.
f. 
A representative of the local bargaining unit for teachers.
g. 
A student assistance coordinator.
h. 
A representative of the chamber of commerce.
i. 
A municipal court judge.
j. 
Representatives of local civic associations.
k. 
Representatives of local religious groups.
l. 
Private citizens.
m. 
Media.
The function of the task force (alliance) shall be to:
a. 
Create a network of community leaders, private citizens, and representatives from public and private human service agencies who are dedicated to a comprehensive and coordinated effort to promote and support drug and alcohol prevention and education programs and related activities with an emphasis on youth;
b. 
Conduct an assessment of their community to determine the needs of the community in relation to alcoholism and drug abuse issues;
c. 
Identify existing efforts and services working to reduce alcoholism and drug abuse;
d. 
Coordinate projects within the municipality to avoid fragmentation and duplication;
e. 
Develop programs to be implemented at the municipal level or participate in regionally developed programs that accomplish the purpose of the alliance effort and the purpose of the mayors' task force;
f. 
Assist the Hopewell Valley municipalities in acquiring funds for task force (alliance) programs; develop a subcommittee on fund raising; and
g. 
Cooperate with the governor's council on alcoholism and drug abuse and the county local advisory committee on alcoholism and drug abuse alliance steering subcommittee to provide municipal data, reports or other information which may be required for the county annual alliance plan or needed to assist the alliance effort.
The following organizational structure should be followed:
a. 
By-laws should be adopted by the task force (alliance);
b. 
Meetings should be held regularly with a calendar established in advance; decisions require a quorum; minutes should be taken to serve as public record;
c. 
Standing and ad hoc committees should be established as needed.
It is in the best interest of the community for the task force (alliance) to work cooperatively with other community groups to maximize coordination and avoid duplication of efforts, and to assure effective use of resources including volunteers and funds. The task force (alliance) should determine how to best work with and/or join municipal groups such as municipal youth services commissions, youth task forces or other groups compatible with its purposes and functions. These interrelationships may involve shared memberships, joint subcommittees or joined groups.
The task force (alliance) is authorized to submit grant applications for program support consistent with its purposes to appropriate public and private agencies, corporations, foundations and individuals.
Prior history: Parks and Recreation Commission, previously codified herein and containing portions of Ordinance No. 518, was repealed in its entirety by Ordinance No. 680 and replaced by section 2-29, Parks Committee and 2-29A, Recreation Committee. Ord. No. 812 replaced the Parks Committee with the Recreation Committee.
[Ord. No. 812]
It is hereby created in the Borough of Hopewell a committee to be known as the Recreation Committee of the Borough of Hopewell.
[Ord. No. 812]
The Recreation Committee shall consist of five members who shall be residents of the Borough and shall be appointed by the Mayor of the Borough of Hopewell with the advice and consent of the Borough Council.
[Ord. No. 812]
The members of the Recreation Committee shall be appointed for a three-year term. The Recreation Committee members first appointed shall be appointed for terms of one, two and three years respectively, in such manner that the term of at least one Recreation Committee member shall expire in each year.
[Ord. No. 812]
The members of the Recreation Committee shall serve without compensation.
[Ord. No. 812]
The Recreation Committee shall hold regular meetings and shall designate the time and place thereof pursuant to the New Jersey Open Public Meetings Act. It shall have the power to adopt rules and regulations for the conduct of its meetings. It shall keep of a record of its proceedings.
[Ord. No. 812]
The duties of the Recreation Committee shall be as follows:
a. 
The Recreation Committee shall study and determine the need for recreation programs and activities within the Borough.
b. 
The Recreation Committee shall coordinate with and participate in meetings with other Hopewell Valley communities as necessary for the purpose of maximizing and promoting recreational opportunities for the Hopewell Borough community.
c. 
The Recreation Committee shall study and maintain an inventory of regular recreation activities within the Borough which are conducted by private organizations.
d. 
The Recreation Committee shall study and analyze trends in activities and participation levels of activities and events to determine programs most able to adequately serve the recreational needs of all Borough residents.
e. 
The Recreation Committee shall advise and assist in the development of recreation programs.
f. 
The Recreation Committee shall assist in the creation of program materials, including announcements and flyers promoting recreation events and activities.
g. 
The Recreation Committee shall report its recommendations for program activities and events to the Borough Council as requested.
h. 
The Recreation Committee shall prepare and submit an annual budget request to the Borough Administrator no later than December 15 of each calendar year detailing anticipated events and expenses for the ensuing budget cycle.
i. 
The Recreation Committee shall have other duties and responsibilities as are consistent with advising and assisting the Borough Council to develop and maintain an effective system of recreation programs and activities for the Borough.
[Ord. No. 812]
The Recreation Committee shall not have the power to incur any obligation in the name of or for the account of the Borough.
[Ord. No. 812]
The Recreation Committee shall receive an annual budgetary appropriation as shall be deemed appropriate by the Borough Council for the purposes of developing and administering recreational opportunities in the Borough of Hopewell.
[Ord. No. 569 § 1; Ord. No. 772 § 3]
It is hereby created in the Borough of Hopewell a committee to be known as the Economic Development Committee of the Borough of Hopewell.
[Ord. No. 569 § 1; Ord. No. 772 § 3]
The Economic Development Committee shall consist of seven members to be appointed by the Mayor with the advice and consent of the Borough Council. Members shall be residents of the Borough of Hopewell or shall be non-Borough residents that own or operate commercial property or interests within the Borough of Hopewell.
[Ord. No. 772 § 3]
The Mayor of the Borough of Hopewell shall retain full authority to remove any Economic Development Committee member from office, at any time, with or without cause.
[Ord. No. 569 § 1; Ord. No. 772 § 3]
The members of the Economic Development Committee shall be appointed for a three-year term. The Economic Development Committee members first appointed shall be appointed for terms of one, two and three years respectively, in such manner that the term of at least two Economic Development Committee members shall expire in each year.
[Ord. No. 772 § 3]
The members of the Economic Development Committee shall serve without compensation.
[Ord. No. 772 § 3]
The Economic Development Committee shall hold regular meetings and shall designate the time and place thereof pursuant to the New Jersey Open Public Meetings Act. It shall have the power to adopt rules and regulations for the conduct of its meetings. It shall keep a record of its proceedings.
[Ord. No. 772 § 3]
The Economic Development Committee shall annually elect a chairperson, a vice-chairperson and a secretary from within its membership.
[Ord. No. 569 § 1; Ord. No. 772 § 3]
The duties of the Economic Development Committee shall be as follows:
a. 
The Economic Development Committee shall study the development and improvement of the economic wellbeing of the Borough.
b. 
The Economic Development Committee shall propose initiatives for the promotion and sustainability of economic growth in the Borough to the Borough Council.
c. 
The Economic Development Committee shall be inclusive, wherever possible, to all business and commercial interests operating within the Borough of Hopewell, without preference, with any recommendations or initiatives it shall offer.
d. 
The Economic Development Committee shall coordinate with and participate in meetings with other business groups as necessary for the purpose of maximizing and promoting economic opportunities for the Hopewell Borough community.
e. 
The Economic Development Committee shall appoint a liaison to the Planning Board who shall attend meetings of the Planning Board whenever applications for commercial activity are proposed.
f. 
The Economic Development Committee shall have other duties and responsibilities as are consistent with advising and assisting the Borough Council to develop and maintain an effective commercial network in the Borough.
g. 
The Economic Development Committee shall prepare and submit an annual budget request to the Borough Administrator no later than December 15 of each calendar year detailing anticipated events and expenses for the ensuing budget cycle.
h. 
The Economic Development Committee shall prepare and submit an annual report to the Governing Body each December that shall detail activities and initiatives conducted during the year and list goals or initiatives planned for the ensuing calendar year.
[Ord. No. 772 § 3]
The Economic Development Committee shall receive an annual budgetary appropriation as shall be deemed appropriate by the Borough Council for the purposes of developing and administering economic development opportunities in the Borough of Hopewell.
[Ord. No. 772 § 3]
The Economic Development Committee shall not have the power to incur any obligation in the name of or for the account of the Borough. All expenditures shall be processed through the Borough in accordance with Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and the purchasing policies of the Borough of Hopewell.
[Ord. No. 772 § 3]
The Economic Development Committee members shall adhere to statutory responsibilities assigned to local government officials in accordance with the Local Government Ethics Law (N.J.S.A. 40A:9-22 et seq.).
[Ord. 593]
a. 
Pursuant to N.J.S.A. 2A:153-4.1, the governing body hereby authorizes the offering of a reward, not to exceed $500, for the detection and apprehension of any person guilty of purposely or knowingly damaging real or tangible property of another by an act of graffiti in violation of N.J.S. 2C:17-3. Such reward shall be payable only after conviction out of funds appropriated by the municipality for said purposes.
b. 
The reward authorized by this section shall be payable only to a person who the governing body, acting upon the recommendation of the municipal chief of police or other principal municipal law enforcement officer, deems entitled thereto. No reward shall be paid to any public employee whose duty it is to investigate or to enforce the law or to the employee's spouse, child or parent, living in the same household.
c. 
Definition. For purposes of this section "act of graffiti" means the drawing, painting or making of any mark or inscription on a bridge, building, public transportation vehicle, rock, wall, sidewalk, street or other exposed surface on public or private real or personal property without the permission of the owner.
[Ord. 693]
There is hereby established an open space advisory committee within the Borough 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.
It is the intent of the Borough 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.
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 two Hopewell Borough regular members shall be appointed by the mayor and confirmed by the borough council. The appointment of the five Hopewell Township regular members and the two Pennington Borough regular members shall be as set forth by their respective governing bodies.
b. 
Alternate Members. There shall be two Hopewell Borough 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 regular members for the Borough of Hopewell shall initially be as follows: one member shall serve for a three-year term and one member shall serve for a two-year term. Thereafter, all future Hopewell Borough 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 Borough regular and alternate members shall be as set forth by the governing bodies of Hopewell Township 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 Borough's delegation to the committee may, after a public hearing if requested, be removed for cause by a majority vote of the Hopewell Borough Council.
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.
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. No. 820]
a. 
Any other provision of law to the contrary notwithstanding, the Borough 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 with any private party for the planning, re-planning, construction or undertaking of any project or redevelopment work, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Borough of Hopewell pursuant to the Act (hereinafter "redevelopment work"), if that redeveloper has solicited or made any contribution of money or pledge of a contribution in excess of $300, including in-kind contributions, during the applicable time period as specified below, to a campaign committee of any Hopewell Borough candidate or holder of public office within the Borough of Hopewell having responsibility for the awarding of such contracts or to any Hopewell Borough political campaign committee, or to any Borough of Hopewell or Mercer County Party Committee, or to any continuing political committee (CPC) that is organized for the primary purpose of promoting or supporting Borough of Hopewell municipal candidates or municipal officeholders. For purposes of this section, the "applicable time period" shall be defined as the time period between the date that the property which is the subject of the redevelopment project has been declared by the Governing Body to be an area in need of redevelopment pursuant to and in accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the date of awarding the contract, or the 12 months prior to awarding the contract, whichever is shorter.
b. 
No redeveloper who enters into negotiations for or agrees to any contract or agreement with the Borough or any department or agency thereof or of its independent authorities for the rendition of redevelopment work shall knowingly solicit or make any contribution of money or pledge of a contribution including in-kind contributions in excess of $300, to any Hopewell Borough candidate or holder of public office within the Borough having responsibility for the award of the contract or to any Hopewell Borough political campaign committee, or to any Borough of Hopewell or Mercer County Party Committee, or to any continuing political committee (CPC) that is organized for the primary purpose of promoting or supporting Borough of Hopewell municipal candidates or municipal officeholders, between the time of first communication between that redeveloper and the Borough regarding a specific agreement for redevelopment work and the later of the termination of negotiations or the completion of all matters specified in the contract or agreement.
c. 
For purposes of this section, a "redeveloper" means an individual, including the individual's spouse, if any, and any child living at home, a person, firm, corporation, professional corporation, partnership, organization, or association seeking or obtaining redevelopment work as defined above. The definition of a redeveloper further includes all principals who own 1% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the provider as well as any subsidiaries directly controlled by the redeveloper.
d. 
For the purposes of this section, the office that is considered to have responsibility for the award of the contract under the Act shall be:
1. 
The Hopewell Borough Council if the contract requires approval or appropriation from the Council or a public officer who is responsible for the award of a contract if that public officer is appointed by Council; or
2. 
The Mayor of Hopewell Borough if the contract requires the approval of the Mayor or a public officer who is responsible for the award of contract if that public officer is appointed by the Mayor; or
3. 
Both of the above.
[Ord. No. 820]
No contribution of money or any other thing of value, including in-kind contributions, made by a redeveloper to any Hopewell Borough candidate for Mayor or Borough Council or Hopewell Borough political campaign 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 or agreement was made by the redeveloper prior to the effective date of this section.
[Ord. No. 820]
a. 
Prior to awarding any contract or agreement with any redeveloper, the Borough or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in excess of $300, in violation of Subsection 2-33.1 above.
b. 
The redeveloper 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 Borough and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. No. 820]
a. 
All redevelopment contracts, leases or other undertaking(s) shall provide that it shall be a breach of the terms of such agreements to violate Subsection 2-33.1,b above, or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b. 
Any redeveloper, as defined in Subsection 2-33.1,c above, who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future redevelopment contracts for a period of four calendar years from the date of the violation.
c. 
A redeveloper may cure a violation of this ordinance if, within 30 days after a general election, the redeveloper notifies the Hopewell Borough Clerk and Hopewell Borough Council, in writing, and seeks and receives a reimbursement of a contribution from the municipal committee or fund of a Hopewell Borough candidate or office holder, any Hopewell Borough municipal or Mercer County party committee.