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:
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.
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:
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:
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; amended 9-8-2022 by Ord. No. 860]
The Economic Development Committee shall consist of seven members
and two alternates 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.
[Added 12-2-2021 by Ord. No. 852]
There is hereby established a Pedestrian, Bicycle and Safety
Advisory Committee consisting of five regular members. No more than
one member may be a resident of a municipality other than Hopewell
Borough. In addition to the voting members, there shall also be one
non-voting liaison from the Planning Board and one non-voting liaison
from the governing body. Members shall serve with no salary or compensation.
The Mayor may, subject to approval by Council by resolution, remove
any committee member from office, with or without cause. Meetings
of the Committee shall be subject to the New Jersey Open Public Meetings
Act, and annually the Committee shall elect a chairperson, vice chairperson
and a secretary from its voting members.
[Added 12-2-2021 by Ord. No. 852]
The responsibilities of the Committee shall be as dictated by
the Council from time to time, as may be necessary, and shall include
providing research and advice to Council on matters relating to policies
and facilities which promote and enhance the safety, comfort, and
convenience of bicyclists, pedestrians, and automobiles in the Borough,
as well as other users of micro-mobility. Specifically, the Committee
shall:
a.
Study
and collect data, information and opinions on pedestrian, bicycle
and safety matters throughout the Borough and the surrounding areas.
b.
Prepare
an inventory for each street in the Borough that lists deficiencies
and suggests recommended improvements.
c.
Propose
initiatives for the promotion of safety in the Borough to the Borough
council.
d.
Compile
and submit to the Borough Council a comprehensive report of its findings
and include suggested priorities for action.
e.
Review
and update the findings of the initial or most recent report no later
than every 10 years.
[Added 12-2-2021 by Ord. No. 852]
The Committee shall receive an annual budgetary appropriation
as shall be deemed appropriate by the Borough Council for the purposes
of the Committee.
[Added 12-2-2021 by Ord. No. 852]
The Committee shall not have the power to incur any obligation
in the name or forth the account of the Borough. All expenditures
shall be processed through the Borough in accordance with the Local
Public Contracts Law (N.J.S.A. 4A:11-1 et seq.) and the purchasing
polices of the Borough of Hopewell.
[Added 12-2-2021 by Ord. No. 852]
The 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.).
