Borough of Gibbsboro, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro as Chapter II of the Revised General Ordinances (Ch. 3 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 18.
Personnel policies — See Ch. 40.
Police Department — See Ch. 47.
Sewer Utility — See Ch. 66.
Historic Preservation Commission — See Ch. 222.
Planning Board and Zoning Board of Adjustment — See Ch. 240.

§ 3-1 Title.

This chapter shall be known and may be cited as the "Administrative Code of the Borough of Gibbsboro" and is herein referred to as the "code."

§ 3-2 Elected officials.

A. 
Enumeration; terms. There shall be elected in the Borough a Mayor and six Councilmen, whose terms shall begin at 12:00 noon on January 1 next after their election.
[Amended 12-19-1994 by Ord. No. 94-15]
(1) 
The Mayor shall hold office for four years and until his successor shall have qualified.
(2) 
The Councilmen shall hold office for three years and until their successors shall have qualified. Their terms shall be arranged so that the terms of two Councilmen shall expire at the end of each year.
B. 
Vacancies.
[Amended 5-18-1982 by Ord. No. 82-2]
(1) 
Mayor or Council, A vacancy occurring in the office of Mayor or any member of the Council shall be filled in the manner provided by the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq.
(2) 
Other elective offices. All vacancies in elective offices other than Mayor or members of the Council 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.

§ 3-3 Appointed officers.

A. 
General; term; removal. There shall be appointed a Borough Clerk, Borough Treasurer, Borough Solicitor, Borough Engineer and such other officers as the Council may deem necessary. They shall perform the duties required by law and the ordinances of the Borough. All of these officers, except the Borough Solicitor and the Borough Engineer,[1] shall be residents of the Borough, and all of them shall hold office at the pleasure of the Council. No officer shall be removed without being afforded an opportunity to be heard. Unless sooner removed, however, they shall hold office for one year and until their successors shall have qualified.
[1]
Editor's Note: This exception was confirmed by Ord. No. 73-6, adopted 6-26-1973.
B. 
Method of appointment; vacancies. Except as otherwise provided by the laws of New Jersey, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers directed to be appointed, including the filling of vacancies for the unexpired term. The Mayor shall make his nomination within 30 days after the office becomes vacant. If he fails to nominate within that time or if the Council fails to confirm a nomination made by the Mayor within 30 days after a nomination has been made, 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 that purpose, the Mayor to have no vote thereon except in case of a tie.

§ 3-4 Powers and duties of Mayor.

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 shall 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 of New Jersey and the ordinances of the Borough of Gibbsboro.

§ 3-5 Borough Council.

[Amended 5-18-1982 by Ord. No. 82-2]
A. 
Composition. The Mayor and Councilmen of the Borough shall constitute the Council.
B. 
Meetings. The Council shall hold an annual meeting on January 1 at 12:00 noon or during the first seven days of January in any year and such other meetings, or adjourned meetings, at such times and places as it 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, written notice shall be given to all the members of the Council, left at their places of residence, or by actual contact with the members by telephone or otherwise.
C. 
Quorum. 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.
D. 
President of Council. The Council at its annual meeting shall, by the vote of a majority of the Council, elect from its 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.
E. 
President or senior member of Council as Acting Mayor. 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 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 the Council.
F. 
Powers of the Council. The Council shall possess all of the powers granted by or permissible under the laws of the State of New Jersey.
G. 
Rules of procedure. 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 Solicitor 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.
H. 
Attendance at meetings. All regular and special meetings of the Council shall be open to the public. The Borough Solicitor, the Clerk and any other Borough officer or employee whose presence shall be required by resolution of the Council shall attend such meetings.

§ 3-6 Ordinances.

A. 
Procedure for passage; vote required. All Borough ordinances shall be submitted in writing at a meeting of the Council and passed at a subsequent meeting. No ordinance shall be finally passed 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 such purpose. The Mayor shall have no vote except in the case of a tie.
B. 
Publication of ordinances. No ordinance shall be considered for final adoption until it has been advertised as required by law. The Borough Clerk shall be responsible for arranging for the advertising of proposed ordinances.
C. 
Ordinances presented to Mayor after passage by Council. Every ordinance passed by the Council shall, within five days after its passage, Sundays excepted, be presented to the Mayor by the Borough Clerk, whose report shall be conclusive evidence that the ordinance has, in fact, been so presented.
D. 
Approval or veto by Mayor. The Mayor shall, within five days, Sundays excepted, after receiving an ordinance, sign and file it with the Clerk, which shall denote approval or veto, and return the ordinance to the Clerk with his objections, if vetoed, in writing. In the event of a veto, the Council shall, at its next meeting, cause the objections to be entered at length on its minutes and proceed to reconsider the ordinance. If any ordinance contains more than one distinct section, clause or item, the Mayor may approve one or more thereof and veto the rest.
E. 
Passage over veto; vote required. If 2/3 of all the Councilmen shall at the next meeting, or at any subsequent meeting to which they shall postpone such reconsideration, vote to pass the ordinance or the vetoed part over the veto of the Mayor, the ordinance shall take effect.

§ 3-7 Borough Clerk.

A. 
Appointment. There shall be a Clerk of the Borough of Gibbsboro 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.
B. 
Clerk of Council and committees. The Borough Clerk shall serve as Clerk of the Council. He shall attend all meetings of the Council and of any councilmanic committee 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.
C. 
Ordinances and resolutions.
(1) 
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 this 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.
(2) 
At the close of each year the Clerk, with the advice and assistance of the Borough Solicitor, shall bind, compile or codify all the ordinances or true copies which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances. When directed by the Council, codification and supplementation may be accomplished by contract with a firm engaged in that business.
D. 
Custodian of records. 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.
E. 
Corporate Seal. 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 or 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.
F. 
Insurance; surety bonds; contracts. The Clerk, subject to the supervision of the Council, shall:
(1) 
Be the depository for 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.
(2) 
Be the depository for and custodian 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.
(3) 
Have custody of all leases of property owned by the Borough.
(4) 
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; and the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
G. 
Administrative rules and regulations; filing and publication. 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.
H. 
Other laws and ordinances. 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:
(1) 
Perform all of the functions required of Municipal Clerks by the General Election Law (Title 19 of the Revised Statutes of New Jersey) and any other law or ordinance.
(2) 
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.
(3) 
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Mayor and Borough Council.

§ 3-8 Deputy Borough Clerk.

[Added 6-22-1976 by Ord. No. 76-3]
Pursuant to N.J.S.A. 40A:9-135, the office of Deputy Municipal Clerk is hereby created. The term of office shall be for one year. In the absence or disability of the Municipal Clerk, the Deputy Municipal Clerk shall have all the powers of the Municipal Clerk, and he shall perform the functions and duties of such office.

§ 3-9 Administrative organization.

A. 
Departments, boards and commissions. There shall be the following departments, officers, boards and commissions in the Borough of Gibbsboro:
[Amended 5-18-1982 by Ord. No. 82-2; 2-19-1994 by Ord. No. 94-15[1]]
(1) 
Departments.
(a) 
Department of Finance.
(b) 
Department of Public Works.
(c) 
Police Department.
(d) 
Fire Department.
(e) 
Department of Buildings and Grounds.
(f) 
Department of Inspections.
(g) 
Department of Recreation, Education and Public Affairs.
(2) 
Separate offices not under departments.
(a) 
Borough Solicitor.
(b) 
Borough Engineer.
(3) 
Boards and commissions.
[Amended 12-19-1994 by Ord. No. 94-15]
(a) 
Municipal Court.
(b) 
Zoning Board of Adjustment.
(c) 
Planning Board.
(d) 
Board of Assistance.
(e) 
Historic Preservation Commission.
(f) 
Environmental Commission.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Powers and duties of department heads. The head of a department, subject to the code and the approval or direction of the Council, shall:
(1) 
Prescribe the internal organization of the work of his department.
(2) 
Direct and supervise subordinate officers and employees of the department and make, alter and enforce individual work assignments.
(3) 
Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.
(4) 
Maintain such records of work performance and unit costs as may be approved or required by the Council.
(5) 
Provide such information and reports on the work of the department as may from time to time be required by the Council.
(6) 
Exercise such other or different powers of administrative supervision and direction as the Council may delegate to him.

§ 3-10 Department of Finance.

A. 
Director. There shall be a Department of Finance of the Borough which shall have jurisdiction over all of the Borough's financial affairs. The Borough Treasurer shall be the Director of the Department of Finance.
B. 
Division of the Treasury.
(1) 
Borough Treasurer. Within the Department of Finance there shall be a Division of the Treasury, the head of which shall be the Borough Treasurer. The Collector, when so designated by the Mayor and Borough Council, shall be the Treasurer of the Borough and shall serve as such for a term of one year.
(2) 
Powers and duties of the Treasurer. The Treasurer shall have, perform and exercise all of 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 shall make monthly reports to the Mayor and 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 shall, within 48 hours after receipt, deposit them in the authorized public depository of the Borough to the credit of the proper account.
(3) 
Disbursements. Disbursements in payment of bills and demands shall be made in the following manner:
(a) 
Every claim against the Borough shall be rendered on a bill form provided by the Borough, duly certified by the claimant and delivered to the Borough Clerk no later than Tuesday before the next regular Council meeting. The bill forms shall specify particularly all details of the claim, and, where possible, all receipts or delivery slips shall be attached.
[Amended 3-27-1973 by Ord. No. 73-4]
(b) 
The Borough Clerk shall present the claim for certification to an officer or employee of the Borough who has knowledge of the fact that the goods have been received or the services rendered. When possible, the officer should be the Chairman of the committee of the Borough Council responsible for the claim being incurred. In no event shall the claimant and the certifying officer or employee be one and the same person.
(c) 
The Borough Clerk shall present the claim to the Budget Committee of the Borough Council for approval by one of its members. In no event shall the approving member of the Budget Committee be the same person as the claimant or the certifying officer or employee.
(d) 
The Clerk shall then present the claim to the Mayor for his approval.
(e) 
Any claims disapproved by any of the mentioned officers shall be referred to the Chairman of the committee responsible for the claims being incurred.
(f) 
The Clerk, after securing the necessary approvals, shall present the claim at the next regular meeting of the Borough Council for the Council's consideration. The Council may approve the same or reject any claim presented to it, stating the reason for rejection. Any disapproved claim shall be referred back to the Clerk with such instructions as the Borough Council may give at the time of disapproval.
(g) 
It shall be the duty of the Clerk to record each claim in the official minutes indicating that the Borough Council has, by formal action, approved it, with appropriate record as to any claim disapproved or rejected.
(h) 
It shall be the duty of the Clerk to indicate on each claim that it has been approved for payment, with the date of approval noted on the claim.
(i) 
After the Clerk has certified that a claim has been approved, he shall turn it over to the Borough Treasurer, who shall prepare the necessary check for payment. Checks shall be signed as provided in Chapter 10, Checks, Signing of. After preparing checks for the payment of claims, the Treasurer shall distribute the checks to the claimants.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Travel expenses. Itemized claims supported by receipts, where available, should be presented in order to obtain reimbursement for expenses incurred by local officials when authorized to travel by the Borough. Travel expenses shall be reimbursed only in accordance with the travel regulations of the Borough.
C. 
Division of Tax Collection. Within the Department of Finance there shall be a Division of Tax Collection, the head of which shall be the Borough Tax Collector.
(1) 
Appointment. Pursuant to N.J.S.A. 40A:9-141, there shall be appointed a Tax Collector for the Borough of Gibbsboro who shall hold office and have such duties and responsibilities as set forth in N.J.S.A. 40A:9-141 et seq.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Duties. The Tax Collector shall possess all of 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, 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 Borough Clerk within the time specified or when otherwise required by the Council.
D. 
Division of Tax Assessments. Within the Department of Finance, for administrative purposes, there shall be a Division of Tax Assessments, the head of which shall be the Tax Assessor elected to serve for a term of four years, subject to tenure. A vacancy shall be filled in the manner of the original appointment for the unexpired term only. The Tax Assessor shall:
(1) 
Have, perform and discharge all the functions, powers and duties prescribed by law for a Municipal Assessor.
(2) 
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 improvement as provided by law.
(3) 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
(4) 
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 the code.
(5) 
Report to the Borough 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.
E. 
Tax Searcher. The Tax Searcher of the Borough shall be appointed by the Mayor with the advice and consent of the Council. He shall furnish certificates relating to property taxes, assessments and liens as provided by law.
F. 
Tax Assessor certificate.
(1) 
Pursuant to N.J.S.A. 54:1-35.30, no person shall on or after July 1, 1971, be elected or reelected as Assessor unless he shall hold a Tax Assessor certificate. This shall not apply, however, to an Assessor who shall have served continuously in office from July 1, 1967, to the date of reelection.
(2) 
Any person reelected as Assessor subsequent to receiving a Tax Assessor certificate and having served as Tax Assessor or performed the duties of Tax Assessor for not less than four consecutive years immediately prior to such reelection, or who, on or before June 30, 1969, shall have received a Tax Assessor certificate while actually in office as Assessor performing the duties of an Assessor and who, on or before June 30, 1969, shall have served as Assessor or performed the duties of Assessor for not less than four consecutive years, shall hold his position during good behavior and efficiency notwithstanding that such reelection was for a fixed term of years, and he shall not be removed therefrom for political reasons, but only for good cause shown and after a proper hearing after due notice.

§ 3-11 Department of Public Works.

[Amended 5-18-1982 by Ord. No. 82-2]
A. 
Establishment; duties. The Department of Public Works shall be administered by the Public Works Committee of the Council. The Department shall be headed by a Director appointed by the Council. The Director shall be in charge of the development, maintenance and repair of roads and storm sewer systems and of the maintenance and improvement of the lighting and water systems in the Borough, with the following specific powers and duties:
(1) 
Supervising the Department and its work force.
(2) 
Supervising and maintaining all streets and roads, the construction thereof and excavations therein.
(3) 
Having necessary specifications drawn up and road contract work supervised by the Borough Engineer.
(4) 
Responsibility for snow removal.
(5) 
Installing and maintaining fire hydrants.
(6) 
Installing and maintaining Borough streetlights and stop lights and street and traffic signs.
(7) 
Drawing up and submitting a budget for the above-named items to the Council.
(8) 
Maintaining a map of the Borough showing all waterlines, hydrants and streetlights.
B. 
Rules and regulations. The Council may, by resolution, make rules and regulations necessary for the proper regulation of the Department of Public Works. When such rules and regulations are adopted, they shall be binding on each member of the Department.

§ 3-12 Police Department.

There shall be a Police Department of the Borough established in accordance with the provisions of Chapter 47, Police Department.

§ 3-13 Fire Department.

There shall be a Fire Department of the Borough established in accordance with the provisions of Chapter 18, Fire Department.

§ 3-14 Department of Buildings and Grounds.

[Amended 5-18-1982 by Ord. No. 82-2]
A. 
Division of Public Property. Within the Department of Buildings and Grounds there shall be a Division of Public Property, which shall be in charge of all real property owned by the Borough and have the following powers and duties:
(1) 
Maintain all real property as allowed by budget allowances.
(2) 
Make improvements to recreation fields and public buildings as may be necessary.
(3) 
Maintain proper operation of the Borough municipal shall and its janitorial services.
(4) 
Keep a record of all keys issued to authorized persons using Borough properties.
(5) 
Maintain all public grounds.
(6) 
Submit budget for maintenance and improvements of all property and grounds.

§ 3-15 Department of Inspections.

[Added 5-18-1982 by Ord. No. 82-2]
There shall be a Department of Inspections established in accordance with Chapter 125, Construction Codes, Uniform.

§ 3-16 Department of Recreation, Education and Public Affairs.

A. 
Organization; general responsibility. The general responsibility of the Department shall be to promote recreation and make facilities available to residents of the Borough; to maintain Borough library facilities; and to direct all activity concerning public events. The Department shall be administered by two Councilmen, with one designated as Chairman.
B. 
Specific responsibilities. The Department shall have the following specific responsibilities:
(1) 
To direct all recreational functions.
(2) 
To see that all playground equipment is maintained and in operation.
(3) 
To assist any civic organization in its recreation planning where asked.
(4) 
To assist the Public Buildings and Grounds Committee in any plans for added facilities or improvements to the recreation park.
(5) 
To supervise and assist in the proper performance of the Free Library.
(6) 
To direct all public affairs involving the Borough of Gibbsboro.
(7) 
To submit budgets for the above-mentioned activities.[1]
[1]
Editor's Note: Original § 3-17, Department of Civil Defense, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 3-17 Committees.

[Amended 12-19-1994 by Ord. No. 94-15]
A. 
The Mayor and Borough Council may establish various committees which may be composed of members of the Borough Council and the general public for the purpose of reviewing various municipal operations or for such other purposes as the Borough Council may deem necessary.
B. 
All committees shall be appointed by the Mayor with the advice and consent of the Borough Council.
C. 
The Mayor shall be an ex officio member of all committees to which he is not named as a member.

§ 3-18 Borough Solicitor.

A. 
Appointment. The Borough Solicitor 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, but need not be a resident of the Borough. The Attorney shall be paid such fees and charges as shall be deemed reasonable.
B. 
Powers and duties. The Attorney shall have such powers and perform such duties as are provided for the office of Borough Solicitor by general law and assigned by ordinances of the Borough. As and when directed by the Mayor and Council, he shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies is a party or has an interest. He shall render all legal counsel and advice as required by the Council or any member and shall in general serve as legal advisor to the Council on all matters of Borough business. In furtherance of his general powers and duties, but without intending to limit them, the Borough Solicitor shall:
(1) 
Render written opinions upon any question of law submitted to him by the Council or any member 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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.[1]
[1]
Editor's Note: Original §3-20, Borough Physician, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 3-19 Borough Engineer.

A. 
Appointment; term. There shall be a Borough Engineer who shall be appointed by the Council for a term of one year. In lieu of appointing an individual, the Council may appoint a firm of engineers, each member of which shall be a licensed professional engineer of the State of New Jersey. The Borough Engineer shall receive such compensation as may be agreed upon and determined by the Borough Council.
B. 
Duties. The Borough Engineer shall perform such duties as are prescribed by general law and ordinance and, in addition, shall:
(1) 
Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Borough, either on force account or by public contract.
(2) 
Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Borough.
(3) 
Operate, maintain and repair the Borough storm sewer system.
(4) 
Provide technical and engineering advice and assistance to other Borough departments as needed.
C. 
All papers, documents, memorandums, reports and other materials plating to the administration of engineering duties of the Borough Engineer shall be the property of the Borough. Upon termination of his service with the Borough, the Borough Engineer shall forthwith surrender to any successor or to the Borough, if requested, all such property.

§ 3-20 Municipal Court.

A. 
Establishment; powers. There shall be a Municipal Court in the Borough pursuant to the provisions of N.J.S.A. 2B:12-1 et seq. to be known as the "Municipal Court of the Borough of Gibbsboro, Camden County." The Court shall be held in the Borough Hall of the Borough of Gibbsboro or such other place as the Borough Council shall designate from time to time. The Court shall exercise all the functions, powers and duties and shall have the jurisdiction conferred upon Municipal Courts by law and the rules of the Court.
B. 
Municipal Judge; powers and duties. There shall be a Municipal Judge of the Municipal Court appointed by the Mayor with the advice and consent of the Borough Council. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified. The Municipal Judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by general law and ordinance.
C. 
Municipal Court Clerk. There shall be a Clerk of the Municipal Court who shall be appointed by the Mayor with the advice and consent of the Borough Council for a term of three years. The Clerk shall perform the functions and duties as prescribed for him by law, the rules applicable to Municipal Courts and by the Municipal Judge. His duties shall include, but not be limited to:
(1) 
Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.
(2) 
Interviewing and speaking to prospective complainants; and receiving complaints and dispensing information relating to Court matters.
(3) 
Maintaining the financial records of the Court.
(4) 
Attending Court, taking minutes of the trials and entering them in the docket; arranging trial calendars; signing Court documents; and preparing and issuing warrants and commitments.
(5) 
Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; and receiving and accounting for fines and costs.
(6) 
Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issuing summonses requiring court appearances; and maintaining and classifying records and files.
D. 
Deputy Municipal Court Clerk. There may be a Deputy Clerk of the Municipal Court who shall be appointed by the Mayor with the advice and consent of the Borough Council. The Deputy Clerk shall perform the functions assigned to him by the Municipal Judge and by the Municipal Court Clerk.

§ 3-21 Zoning Board of Adjustment.

[Amended 2-27-1973 by Ord. No. 73-2; 3-26-1974 by Ord. No. 74-2; 5-18-1982 by Ord. No. 82-2; 4-10-2013 by Ord. No. 2013-04[1]]
There shall be a Zoning Board of Adjustment as established by Chapter 240, Land Use Procedures. All powers of the Zoning Board of Adjustment shall be assumed by the Planning Board pursuant to N.J.S.A. 40:55D-25.
[1]
Editor's Note: This ordinance also provided that wherever the words "Zoning Board of Adjustment" appear in the Code of the Borough of Gibbsboro, said words shall now read "Planning Board."

§ 3-22 Planning Board.

[Amended 2-27-1973 by Ord. No. 73-2; 5-18-1982 by Ord. No. 82-2]
There shall be a Planning Board as established by Chapter 240, Land Use Procedures.

§ 3-23 Board of Assistance.

A. 
Establishment; composition.
(1) 
The Local Assistance Board of the Borough shall consist of five members, one member of whom shall be a member of the Borough Council. The term of that member shall be one year.
(2) 
The terms of the other members shall be as follows: one member shall be appointed for one year, one member shall be appointed for two years, one member shall be appointed for three years and one member shall be appointed for four years. Thereafter, the term of these members shall be four years each so that one term shall expire in each year.
(3) 
The Local Assistance Board shall have such powers and perform such duties as are prescribed by general law and ordinance and shall appoint a Director of Welfare pursuant to state law.
(4) 
All members shall be appointed by the Mayor upon the approval of the governing body.
[Added 2-27-1973 by Ord. No. 73-2]
B. 
Organization of Board; Director of Welfare. The Local Assistance Board shall organize and select a Chairman and a Secretary and shall appoint a Director of Welfare, who shall be the first executive and administrative officer of the Board. He shall hold office for a term of five years from the date of his appointment and shall be paid such salary as may be fixed by the Mayor and Council and included in the annual salary ordinance. Nothing herein shall be construed to make the overseer of the poor of the Borough of Gibbsboro ineligible for appointment also as Director of Welfare by the Local Assistance Board. In case of vacancy in the office of Director of Welfare, one temporary or Acting Director may be appointed to serve for not more than 90 days.
C. 
Other employees. Other employees, including assistants, clerks, investigators and nurses, in such number as may be necessary to properly administer public assistance, shall be appointed in the same manner as other employees of the Borough. No employee of the Borough whose compensation is paid from funds received or appropriated for public assistance or the administration thereof in any manner shall hold office in any political party.
D. 
Duties of Director of Welfare. The Director of Welfare shall:
(1) 
Supervise by periodic investigation every person receiving public assistance, such investigation to be made by visitation at least once a month.
(2) 
Reconsider from month to month the amount and nature of public assistance given and alter, amend or suspend the same when the circumstances so require.
(3) 
Devise ways and means for bringing persons unable to maintain themselves to self-support or to the support of any other person or agency able and willing so to do.
(4) 
Keep full and complete records of such investigations, supervision, assistance and rehabilitation and of all certifications of persons for employment or benefits and cancellations.
(5) 
Bring about appropriate action for commitment to any state or county institution when the best interest of the needy persons would be so served.
E. 
Removal of members. Any member may be removed after public hearing upon written charges for inefficiency, neglect of duty or malfeasance in office. However, any member shall be automatically removed upon nonattendance at three consecutive regularly scheduled meetings without good cause therefor. Members shall be reinstated only upon petitioning for a hearing to establish that good cause exists.
[Added 2-27-1973 by Ord. No. 73-2; amended 3-18-1980 by Ord. No. 80-2][1]
[1]
Editor's Note: Original § 3-26, Board of Health, as amended, was repealed 12-19-1994 by Ord. No. 94-15. Original § 3-27, Industrial Commission, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 3-24 Board of Recreation Commissioners. [1]

[Added 7-19-1988 by Ord. No. 88-9]
A. 
Pursuant to N.J.S.A. 40:12-1, there is hereby created a Board of Recreation Commissioners in the Borough of Gibbsboro. The Board shall include three members to be appointed by the Mayor.
B. 
The Commissioners first appointed shall be appointed for terms of one, two and three years respectively in such manner that the term of at least one Commissioner shall expire in each year. Thereafter, all appointments shall be for terms of three years, and vacancies shall be filled for the unexpired term only. The members of the Commission shall serve until their respective successors are appointed and shall qualify.
C. 
The members shall receive no compensation for their services.
D. 
The Board of Recreation Commissioners shall have all the powers specified in N.J.S.A. 40:12-3 through 40:12-9 and N.J.S.A. 40:12-14 and 40:12-15, inclusive, all of which are incorporated in this chapter by reference.
[1]
Editor's Note: Original § 3-28, Municipal Utilities Authority, as amended, was repealed 6-16-1987 by Ord. No. 87-10.

§ 3-25 Environmental Commission.

[Added 10-24-1972 by Ord. No. 72-11]
A. 
There is hereby established an Environmental Commission for the protection, development and use of natural resources, including water resources located within the Borough of Gibbsboro.
B. 
The Environmental Commission shall have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.
C. 
The Environmental Commission shall consist of five members to serve without compensation. Alternate members shall be appointed pursuant to N.J.S.A. 40:56A-1 et seq.
[Amended 9-15-1981 by Ord. No. 81-5[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The Environmental Commission shall have all powers and duties as set forth in N.J.S.A. 40:56A-1 to 40:56A-5 and shall be appointed by the Mayor in accordance with N.J.S.A. 40:56A-1. The Mayor, after hearing on written charges, may remove any member of the Environmental Commission for cause. However, any member shall be automatically removed upon nonattendance at three consecutive regularly scheduled meetings without good cause therefor. Members shall be reinstated only upon petitioning to the Mayor for a hearing to establish that good cause exists.
[Amended 2-27-1973 by Ord. No. 73-2; 3-18-1980 by Ord. No. 80-2]
E. 
One member of the Environmental Commission shall be a member of the Planning Board, and all members shall be residents of the Borough of Gibbsboro.

§ 3-26 Construction Board of Appeals.

[Added 5-18-1982 by Ord. No. 82-2]
There shall be a Construction Board of Appeals as established by Chapter 125, Construction Codes, Uniform.

§ 3-27 Site Plan Review Advisory Board. [1]

A. 
Title. This section shall be known and may be cited as the "Site Plan Review Advisory Board Ordinance of the Borough of Gibbsboro, County of Camden and State of New Jersey."
B. 
Purpose. The purpose of this article shall be to create a Site Plan Review Advisory Board pursuant to N.J.S.A. 40:55D-39f to assist the Gibbsboro Planning Board and the Gibbsboro Zoning Board in their duties with regard to site plan approval.
C. 
Membership; appointment; terms.
(1) 
The Site Plan Review Advisory Board shall be composed of five persons who shall be as follows:
(a) 
The Chairperson of the Planning Board and one member chosen by the Chairperson of the Planning Board.
(b) 
The Chairperson of the Zoning Board and one member of the Zoning Board to be chosen by the Chairperson of the Zoning Board.
(c) 
The Mayor.
(2) 
The term of each member shall be for a period of one year. Vacancies shall be filled for the period of time remaining in the unexpired term.
D. 
Termination of membership. In the event that a member shall, for any reason, cease to be a member of the Planning Board or Zoning Board, said member shall also cease to be a member of the Site Plan Review Advisory Board.
E. 
Voting. Each member of the Site Plan Review Advisory Board shall have one vote, and all decisions shall be decided by the majority of those present.
F. 
Chairperson. A Chairperson of the Site Plan Review Advisory Board shall be elected among the members of the Board annually at the reorganization meeting of the Site Plan Review Advisory Board.
G. 
Scope of review. All completed applications for site plan approval shall initially be submitted to the Site Plan Review Advisory Board for its review to determine if the application meets all the requirements of Chapter 324, Site Plan Review, and the applicable state statutes.
H. 
Additional professionals. The Site Plan Review Advisory Board shall use the services of the Planning Board Secretary, Solicitor or other professional personnel should the need arise, in accordance with the rates established for the Planning Board.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II). These provisions on the Site Plan Review Advisory Board formerly appeared as Art. VII of Ch. 324, Site Plan Review.

§ 3-28 Fees for copies of documents.

A. 
Inspection of public records. Public records of the Borough shall be open for inspection by members of the public as provided by law (N.J.S.A. 47:1A-1). Such inspection shall be made only at reasonable times during business hours and without interference to the conduct of the affairs of the office or other place where such records are kept or maintained.
B. 
Fees for copies. The schedule of fees for copies of various municipal documents and records shall be as provided in N.J.S.A. 47:1A-1 et seq. The schedule of fees shall be available in the office of the Borough Clerk.
[Amended 3-15-1977 by Ord. No. 77-2; 3-15-1977 by Ord. No. 77-3; 7-19-1977 by Ord. No. 77-6; 5-20-1989 by Ord. No. 80-6; 10-25-1989 by Ord. No. 89-34; 6-23-1993 by Ord. No. 93-15; 2-28-2007 by Ord. No. 2007-3]
C. 
Copying by person requesting documents. Where the document in question is more than 100 pages in length, the Clerk may permit the person requesting copies to use his own copying machine, provided that there is no risk of damage or mutilation of the documents and that it would not be incompatible with the transaction of public business. Such determination shall be completely within the discretion of the Clerk. The fee in such case shall be as provided in N.J.S.A. 47:1A-1 et seq.
[Amended 2-28-2007 by Ord. No. 2007-3]
D. 
In accordance with N.J.S.A. 54:5-54, the Tax Collector shall provide to any party entitled to redeem a certificate pursuant to this section (N.J.S.A. 54:5-54) two calculations of the amount required for redemption within a calendar year at no cost. For each subsequent calculation requested from the Tax Collector, there shall be a fee of $50. A request for redemption calculation shall be made in writing to the Tax Collector.
[Added 4-13-2011 by Ord. No. 2011-01]
E. 
In accordance with N.J.S.A. 54:5-97.1, the Tax Collector shall charge a lien holder of a tax lien $50 for the calculation of the amount due to redeem the tax lien as required pursuant to N.J.S.A. 54:5-97.1. Any request for a redemption calculation shall specify the date to be used for the calculation, which shall be the date of the notice. Neither the Tax Collector nor the municipality shall be liable for an incorrect calculation. The fee paid to the municipality shall not become part of the lien and shall not be passed on to any party entitled to redeem pursuant to N.J.S.A. 54:5-54.
[Added 4-13-2011 by Ord. No. 2011-01]