[HISTORY: Adopted by the Borough Council of the Borough of
Beach Haven 12-13-2010 by Ord. No. 2010-26. Amendments noted
where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 10.
Fire Company — See Ch. 12.
Land use administration — See Ch. 19.
Police Department — See Ch. 30.
Sewerage Authority — See Ch. 38.
Shade Tree Commission — See Ch. 40.
Historic Preservation and Advisory Commission — See Ch. 41.
Site plan review — See Ch. 167.
Subdivision of land — See Ch. 179.
Zoning — See Ch. 212.
A.
Title.
This chapter may be cited as the "Administrative Code of the Borough
of Beach Haven," and is herein referred to as the "Code."
B.
Council-Manager
plan established. Pursuant to the vote of the electorate of the Borough
of Beach Haven on November 3, 2009, in accordance with N.J.S.A. 40:69A-15
providing for adoption of an optional municipal charter as recommended
by the duly established Charter Study Commission, the form of government
in the Borough of Beach Haven from and after July 1, 2010, is hereby
established as the Council-Manager Plan pursuant to N.J.S.A. 40:69A-81
et seq., the Optional Municipal Charter Law.
C.
Continuation
of pending actions. All actions and proceedings of a legislative,
executive or judicial character which are pending on the effective
date of this chapter shall continue, and the appropriate officer or
employee under this chapter shall be substituted for the officer or
employee exercising or discharging the function, power or duty involved
in the action or proceeding.
D.
Failure
to include mandatory or optional statutory provisions herein. The
noninclusion of specific mandatory provisions of the Optional Municipal
Charter Law or any general law in the Charter or in this Administrative
Code, or the failure to include any specific reference thereto, shall
not be construed to mean the elimination or nonapplicabality of said
law within the Borough of Beach Haven, except where options available
to the Borough under the Optional Municipal Charter Law have not been
specifically chosen by the Borough of Beach Haven.
E.
Provision
contrary to law. In the event that any provision of this Code is contrary
to any statute, the statute shall prevail and the conflicting provision
in this Code shall be a nullity.
A.
Borough
Council membership. The Borough Council shall consist of five Borough
Council members elected at large. A Mayor and Council President, who
will conduct meetings in the absence of the Mayor, will be selected
from amongst themselves.
B.
Election
of Borough Council; term of office. All Borough Council members shall
be elected in the following manner:
(1)
At the general election held on the first Tuesday after the first
Monday in November commencing with the year 2012 and on alternate
general election days thereafter. The term of office for Borough Council
members and Mayor as provided herein shall commence on the first day
of January next following their election.
[Amended 3-14-2011 by Ord. No. 2011-3C[1]]
[1]
Editor's Note: Section III of this ordinance provided that
fixing election of Council members to be on the date of the general
election the first Tuesday following the first Monday in November
of alternate years commencing with November 2012 may not be changed
nor repealed and the date of elections may not be returned to May
until more than 10 years after the adoption of this ordinance, unless
such change shall be authorized by acts of the New Jersey Legislature.
(2)
At the first regular municipal election following the adoption of
the Council-Manager Plan, five Borough Council members were elected
at large for staggered terms. At the organization meeting of the first
Borough Council, immediately following the election, the length of
the respective term of each member of the first Borough Council was
to be determined by lot. Two Borough Council members were designated
to serve for four years, and three Borough Council members were designated
to serve for two years.
[Amended 8-13-2012 by Ord. No. 2012-13C]
(3)
The office of Mayor and Council President shall be selected in the
years in which municipal officers are to be elected.
(4)
At each subsequent election, Borough Council members, whose terms
are expiring, shall be elected at large and shall serve for a term
of four years.
[Amended 8-13-2012 by Ord. No. 2012-13C]
(5)
The Councilpersons in office on the date of the general election
in November of 2012 shall be extended to January 1, 2013. Such Councilpersons
shall serve until their successors have been elected, qualified and
sworn into office on or before 12:00 noon January 1, 2015.
[Added 3-14-2011 by Ord. No. 2011-3C]
(6)
After the November 2012 general election Councilpersons shall serve
four-year terms commencing at 12:00 noon on January 1 following their
elections.
[Added 3-14-2011 by Ord. No. 2011-3C]
C.
Commissions
and Council committees. The Borough Council may from time to time
by resolution create, appoint to and establish the duties of commissions,
committees and other bodies with advisory powers.
D.
Appointments.
(1)
Borough Council shall make the following appointments:
(a)
Borough Manager.
(b)
Borough Clerk.
(c)
Borough Solicitor and such other legal counsel as the Borough Council
may deem necessary.
(d)
Municipal Judge.
(e)
Municipal Prosecutor.
(f)
Public Defender.
(g)
Chief Financial Officer/Treasurer.
(h)
Tax Assessor.
(i)
Borough Engineer.
(j)
Welfare Director.
E.
Powers
and duties of the Borough Council.
(1)
Policy. All powers of the Borough and the determination of all matters
of policy shall be vested in the Borough Council except as otherwise
provided by state or federal law.
(2)
Specific powers and duties.
(a)
The Borough Council shall continue or create and determine and define
the powers and duties of such executive and administrative departments,
boards and offices, in addition to those provided for herein, as it
may deem necessary for the proper and efficient conduct of the affairs
of the Borough, including the office of Deputy Borough Manager which
shall not be included in the classified service under Title 11A of
the New Jersey Revised Statutes. Any department, board or office so
continued or created may at any time be abolished by the Borough Council.
(b)
The Borough Council shall act in all matters as a body, and it shall
be contrary to the spirit of this chapter for any of its members to
seek individually to influence the official acts of the Borough Manager,
or any officer, or for the Borough Council or any of its members to
direct or request the appointment of any person to, or his or her
removal from, office or to interfere in any way with the performance
by such officers of their duties.
(c)
The Borough Council and its members shall deal with the administrative
service solely through the Borough Manager and shall not give orders
to any subordinates of the Borough Manager, either publicly or privately.
(d)
The Borough Council may appoint committees or commissions of its
own or of citizens to conduct investigations into the conduct of any
officer or department, or for any matter relating to the welfare of
the Borough and delegating to such committees or commissions such
powers of inquiry as the Borough Council may deem necessary.
(e)
The Borough Council shall evaluate the Borough Manager, at least
once annually, at a time to be determined in the discretion of the
governing body, in order to determine his/her job performance. During
interim times between Borough Council evaluations of the Borough Manager,
any issues or problems with the Borough Manager that any member of
the Borough Council becomes aware of shall, if possible and within
the limits of the Faulkner Act, be brought to the attention of the
Borough Manager.
[Amended 3-14-2022 by Ord. No. 2022-05C]
(f)
Each member of the Council is required to attend, on an annual basis,
at least one course offered by the Rutgers University Center for Government
Services or a similar education provider such as the New Jersey League
of Municipalities covering responsibilities and obligations of elected
officials by way of example and without limitation ethics, municipal
finance, labor relations, capital planning, shared services.
[Added 11-26-2012 by Ord. No. 2012-20C]
F.
Meetings.
(1)
The Borough Council shall by resolution designate the time and place
of holding regular meetings. Regular meetings shall be held at least
monthly and work session meetings shall also in the resolution be
designated as to their time and place.
(a)
The Borough Clerk shall keep a journal of Council's proceedings at
all regular and agenda meetings and record the minutes of those meetings.
(b)
In the absence of the Borough Clerk at management or workshop meetings,
the Borough Council may designate a Secretary to keep notes of those
meetings; however, no official action shall be taken at such meetings.
The Secretary shall surrender those minutes to the Borough Clerk who
shall keep them in a separate official log of minutes of work session
meetings.
(c)
The Mayor may, and upon written request of a majority of the members
of Borough Council shall, call special meetings of the Borough Council.
In the notice of the call the Mayor shall designate the purpose of
the special meeting and no other business shall be considered nor
conducted at such special meeting.
(d)
All meetings of Borough Council whether formal meetings or work sessions
shall be open to the public in accordance with the provisions of the
Open Public Meetings Act.[2] At the beginning of every such meeting notice of compliance
with the Open Public Meetings Act shall be read. The time and place
of all public meetings, those designated by resolution annually and
special meetings called by the Mayor shall be published in accordance
with the Open Public Meetings Act.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2)
The Borough Council shall provide by resolution rules of procedure
not inconsistent with law or this Code. Proceedings at all meetings
shall be conducted in accordance with Roberts Rules of Order, Revised,
except where the Borough Council provides otherwise by resolution.
The Borough Attorney shall be ex officio parliamentarian and shall
give his or her opinion on questions of procedure at the request of
members of the Borough Council.
(3)
A majority of the members of the Borough Council shall constitute
a quorum. The vote upon every motion, resolution or ordinance shall
be taken by yeas and nays and entered on the minutes. The minutes
of each meeting so recorded shall be signed by the officer presiding
at the meeting, the members present, and the Borough Clerk. No member
shall sign minutes of the meeting at which he or she was not present.
G.
Vacancies.
A vacancy, as defined in N.J.S.A. 40A:16-3, in the office of Mayor
or member of the Borough Council shall be filled pursuant to N.J.S.A.
40A:16-1 et seq. as follows:
(1)
If the vacancy occurs subsequent to September 1 of the last year
of the term of office, the office may be filled for its unexpired
term by appointment by the Borough Council of a person qualified to
hold elective office.
(2)
If the vacancy occurs at any other time, the vacancy shall be filled
for its unexpired term at the next general or regular municipal election,
whichever occurs first, to be held not less than 60 days after the
occurrence of the vacancy. The Borough Council may fill the vacancy
temporarily by appointment.
Powers and duties of Mayor. The powers and duties of the Mayor
shall be only such as are expressly conferred upon him or her by N.J.S.A.
40:69A-87, by law and by this Code.
A.
The
Mayor shall preside at all meetings of the Borough Council and shall
have a voice and vote on its proceedings.
B.
The
Mayor shall execute all bonds, notes, contracts and written obligations
of the municipality on behalf of the municipality.
C.
The
Mayor shall address the residents annually, and at such other times
as the Mayor may deem desirable, on the condition of the Borough,
significant issues and/or problems of government.
In the event the Mayor is unable to act in the performance of
any of his or her duties, the Council President shall act in his or
her place and stead.
Office space in Borough Hall and shared secretarial services
reasonably necessary to exercise the powers and to perform the duties
required by this Code and general law shall be provided for the Mayor
and Council members as determined by Borough Council from time to
time at its discretion.
A.
Procedures
for passage; vote required. Borough ordinances shall be submitted
in writing at a meeting of the Borough Council and passed at a subsequent
meeting. No ordinance shall be finally passed except by three affirmative
votes.
B.
Advertising
and public comment on ordinances. No ordinance shall be considered
for final adoption until it has been advertised as required by law.
No ordinance shall be considered for final adoption until it has been
opened to the public for comment. The Borough Clerk shall be responsible
for arranging the advertising of proposed ordinances.
C.
Effective
date of ordinances. No ordinance shall take effect less than 20 days
after its final passage by Borough Council unless the Borough Council
shall adopt a resolution declaring an emergency and at least four
of the members of Borough Council vote in favor of such resolution.
A.
Appointment;
qualifications; term. There shall be a Borough Clerk appointed by
the Borough Council. The Borough Clerk shall be qualified by previous
training or experience to perform the duties of his or her office.
The Borough Clerk shall be appointed for a term of three years, except
as otherwise provided by law.
B.
Duties
of the Borough Clerk. The Borough Clerk shall perform such functions
as required by N.J.S.A. 40A:9-133 and as herein provided:
(1)
Secretary to the municipal corporation:
(2)
Secretary to the governing body:
(a)
Prepare agenda for biannual reorganization meeting of the Borough
Council.
(b)
Maintain and keep new members of Borough Council aware of Rules of
Order for conducting meetings.
(c)
Prepare meeting agenda at the direction of the Borough Council and
be present at meetings of the Borough Council as required.
(d)
Keep an official record of the proceedings of every meeting and retain
the original copies of all minutes, ordinances and resolutions.
(e)
Administer and record oaths of office.
(f)
Maintain custody of all official records not specially handled by
other departments.
(g)
Act as liaison to the public and correspondent on behalf of the Borough
Council.
(3)
Chief Administrative Officer of all elections held in the municipality:
(a)
Certify vacancies at a local level.
(b)
Maintain receipt of nominating petitions and certification to the
County Clerk of local candidates nominated by petition.
(c)
Exercise quasi-judicial authority in determining the validity of
petitions.
(d)
Conduct the drawing for positions of candidates on the local ballot.
(e)
Furnish materials for local elections.
(f)
Suggest polling places.
(g)
Maintain receipt of election results.
(h)
Certify to County Clerk persons elected to partisan county committee
offices in each election district.
(i)
Canvas the votes for and certify election of candidates for municipal
office in nonpartisan local governments.
(5)
Administrative Officer with responsibilities as follows:
(a)
Acceptance of applications for licenses and permits and the issuance
of licenses and permits, except where statute or municipal ordinance
has delegated that responsibility to some other municipal officer.
(b)
Issue assessment search certificate.
(c)
Conduct business with other municipal departments as directed by
the Borough Council.
(d)
Serve as information officer to the public and media.
(e)
Purchase equipment and supplies when required.
(f)
Maintain personnel records when required.
(g)
Certify to the municipality's bond counsel as to the proper advertising,
filing of supplemental debt statement and that no protests have been
filed with the municipality as to the adoption of bond ordinances.
(6)
Records Coordinator and Manager responsible for implementing local
archives and records retention programs as mandated.
(7)
Other duties that may be imposed by state statutes and regulations
or municipal ordinances or regulations.
C.
Recording
and preserving ordinances and resolutions.
(1)
The Borough Clerk shall record all ordinances in books to be provided
for that purpose. After each ordinance, the Borough Clerk shall record
and certify the proof of its publication as required by law. Each
ordinance recorded shall be signed by the Borough Clerk, who shall
attest that it was adopted on the date stated, and when so signed
the recorded copy shall be deemed to be a public record of the ordinance.
Any omission by the Borough Clerk to record, sign or certify shall
not impair or affect the validity of an ordinance which has been duly
adopted.
(2)
Not less than annually the Borough Clerk shall compile all ordinances
that have been adopted since the previous Code or supplement and forward
them to a company selected by the Borough Council for codification
and to prepare a supplement to the Code.
(3)
The Borough Clerk shall compile annually, in order of their adoptions,
all resolutions adopted by the Borough Council during the year and
preserve them.
(4)
Where required by statute, the Borough Clerk shall forward to the
Ocean County Clerk at Toms River, New Jersey, ordinances which are
required by law to be recorded in the County Clerk's office.
D.
Corporate
seal. The Borough Clerk shall cause the Corporate Seal of the Borough
to be affixed to instruments and writings when authorized by ordinance
or resolution of the Borough Council, or when necessary to exemplify
any document on record in the Borough Clerk's office, or to certify
any act or paper which from records in the Borough Clerk's office
appears to be a public act of the Borough or public document.
E.
Insurance;
surety bonds; contracts. Subject to supervision of the Borough Manager,
the Borough Clerk shall:
(1)
Be the depository for and custodian of all official surety bonds
furnished by or on account of any officer or employee, excluding the
Borough Clerk's own bond which shall be placed in the custody of the
Chief Financial Officer; of all insurance policies on or with respect
to risks insured for the benefit of the Borough or to protect it against
any claim, demand or liability; and all formal contracts for work,
labor, services, supplies, equipment and materials to which the Borough
may be 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
a contractor, subdivision developer, or other persons on account of
work done or to be done in or for the Borough. All performance bonds
or other surety given in connection with site plan development shall
be deposited with the Land Use Board Secretary.
(3)
Have custody of all leases of property owned by the Borough.
(4)
Report to the Mayor and Council annually, at such times as the Mayor
or Borough 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 the
respective expiration dates.
F.
Administration
rules and regulations; filing and publication. The Borough Clerk shall
maintain a current compilation of all rules and regulations, which
shall be available for public inspection in the Borough Clerk's office
during business hours. No rule or regulation made by the Borough Manager,
a department head or any other officer, agency or authority of the
Borough, unless it relates to the organization or internal management
of the Borough government or a part thereof, shall take effect until
it is filed with the Borough Clerk.
A.
Council
may but is not required to appoint a Deputy Borough Clerk who shall
have such licenses and have completed such training and received such
certifications as are required by law. The Deputy Borough Clerk shall,
if one be appointed, perform the duties customarily and normally performed
by the Borough Clerk during the absence of the Borough Clerk or during
any disability of the Borough Clerk.
B.
The
Deputy Borough Clerk, if one be appointed, shall further perform such
administrative duties as may be assigned by the Borough Manager or
the Borough Clerk.
A.
B.
Powers
and duties of department heads. The head of a department, subject
to the Code and the approval or direction of the Borough Manager,
shall:
(1)
Prescribe the internal organization of the work of his or her department.
(2)
Direct and supervise subordinate officers and employees of the department
to make, alter and enforce individual work assignments.
(3)
Approve or disapprove payroll, bills and claims chargeable to departmental
appropriations.
(4)
Maintain records of work performance and unit costs thereof as may
be approved or required by the Borough Manager.
(5)
Provide information and reports on the work of the department as
may be required by the Borough Manager.
(6)
Exercise other or different powers of administrative supervision
and direction which the Borough Manager may delegate to him or her.
A.
Qualifications.
(1)
The Borough Manager shall be chosen by the Borough Council solely
on the basis of his or her executive and administrative qualifications
with special reference to actual experience in, or knowledge of, accepted
practice in respect to the duties of the office as hereinafter set
forth.
(2)
At the time of his appointment, the Manager need not be a resident
of the Borough of Beach Haven or the State of New Jersey; however,
upon his appointment and during his tenure of office he may reside
outside of the Borough of Beach Haven only with the approval of Council
given by formal resolution duly adopted at a public meeting.
B.
Term of office and removal. The Borough Manager shall hold office
for an indefinite term and may be removed by a majority vote of Borough
Council in accordance with N.J.S.A. 40:69A-93.
C.
General powers and duties; budget preparation. The Borough Manager
shall have the following duties and responsibilities:
(1)
Be the Chief Executive and Administrative Official of the Borough.
(2)
Execute all laws and ordinances of the Borough.
(3)
Appoint and remove a Deputy Borough Manager if one is authorized
by the Borough Council.
(4)
Appoint and remove all department heads and all other officers, subordinates,
and assistants whose appointment or removal is not otherwise provided
for in this chapter or by law.
(5)
May authorize the head of a department to appoint and remove subordinates
in such department.
(6)
Supervise and control all appointees, and report all appointments
or removals at the next meeting thereafter of the Borough Council.
(7)
Negotiate contracts for the Borough subject to the approval of the
Borough Council.
(8)
Make recommendations concerning the nature and location of municipal
improvements, and execute contracts for municipal improvements as
determined by the Borough Council.
(9)
See that all terms and conditions imposed in favor of the Borough
or its inhabitants in any statute, public utility franchise or other
contract are faithfully kept and performed and upon knowledge of any
violation call the same to the attention of the Borough Council.
(10)
Receive notice of all regular and special meetings of the Borough
Council and all advisory committees, boards, commissions and other
agencies of the Borough, including meetings with other governmental
bodies and agencies, and attend all meetings of the Borough Council
with the right to take part in the discussions, but without the right
to vote.
(11)
Recommend to the Borough Council for adoption such measures as he
or she may deem necessary or expedient.
(12)
Keep the Borough Council advised of the financial condition of the
Borough. Submit to Borough Council as soon as possible after the close
of the fiscal year a complete written report on the financial activities
of the Borough for the preceding year.
(13)
Investigate at any time the affairs of any officer or department
of the Borough. Diligently and timely render reports to the Borough
Council or to individual members of the Borough Council, as required,
on the progress of investigation into, or implementation of, those
matters referred by the Borough Council or individual members of the
Borough Council to the Manager's attention.
(14)
Perform such other duties as may be required by the Borough Manager
by ordinance or resolution by the Borough Council.
(15)
Be responsible to the Borough Council for carrying out all policies
established by it and for the proper administration of all affairs
of the Borough.
D.
Budget.
(1)
The Borough budget shall be prepared by the Borough Manager. During
the month of November in each year, the Borough Manager shall require
all department heads to submit requests for appropriations for the
ensuing budget year, and to appear before him or her at public hearings,
which shall be held during that month, to testify on various requests.
(2)
On or before the 15th day of the fiscal year, the Borough Manager
shall submit to Borough Council a recommended budget together with
an explanatory statement regarding the estimated budget, including
a comparison of prior year's budgets, appropriations and expenditures
and an analysis of the proposed expenditures with recommendations
regarding the feasibility thereof and such other explanatory comment
or statement as he or she may deem desirable.
(3)
The budget shall be in such form as is required by law for municipal
budgets, and shall in addition have appended thereto detailed analysis
of the various items of expenditures and revenue.
(4)
In any local budget year for which budget dates are extended pursuant
to N.J.S.A. 40A:4-5.1, the Borough Manager shall submit to the Borough
Council his or her recommended budget not less than 16 days prior
to the extended date for the introduction and approval of municipal
budgets.
E.
Powers conferred by law upon the Borough Manager. Any provision of
general law conferring the appointing power or other power upon the
Mayor or other executive head of the Borough shall be construed as
meaning the Borough Manager, and the appointments or the power exercised
by the Borough Manager in accordance with such provisions shall be
classified and given the same force and effect as if executed by the
official named therein, except as provided in N.J.S.A. 40:69A-98.
F.
Compensation. The Borough Manager shall receive as compensation for
such position such amount as may be fixed and adopted by the Borough
Council subject to the annual salary ordinance of the Borough,[1] and his or her employment contract shall so specify.
[1]
Editor's Note: The annual salary ordinance is on file in the
Borough offices.
G.
Administrative officer. The Borough Manager may designate a qualified
administrative officer of the Borough to perform his or her duties
during his or her temporary absence or disability. In the event of
his or her failure to make such designation, the Borough Council may
by resolution appoint an officer of the Borough to perform the duties
of the Borough Manager during such absence or disability until he
or she shall return or his or her disability shall cease.
A.
Council may but shall not be required to appoint a Deputy Borough
Manager who shall have all of the qualifications required by N.J.S.A.
40:69A-92 for a municipal manager. The Deputy Borough Manager shall,
if one be appointed, serve at the pleasure of Council and perform
such functions and duties as may be delegated to him or her by the
Borough Manager.
B.
The Deputy Borough Manager shall function and serve as Borough Manager
in the event of the disability or long-term absence of the Borough
Manager.
A.
Department established. The financial business of the Borough shall
be committed to a Department of Finance.
B.
Division of the Treasury.
(1)
Chief Financial Officer. Within the Department of Finance, there
shall be a Division of the Treasury, the head of which shall be the
Chief Financial Officer, who shall be appointed by Borough Council
and shall also serve as the Borough Treasurer. The Chief Financial
Officer shall bear the responsibilities set forth in N.J.S.A. 40A:9-140.1d
and shall be qualified as set forth in N.J.S.A. 40A:9-140.2.
(2)
Powers and duties of the Chief Financial Officer. The Chief Financial
Officer shall have, perform and exercise all the functions, powers
and duties provided by general law and Borough ordinances. He or she
will 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 or she shall have custody of all receipts,
expenditures, commitments and unexpended appropriations. All monies
received from any source by or on behalf of the Borough or any financial
officer who shall, by the next ensuing bank day after their receipt,
deposit them in an authorized public depository of the Borough to
the credit of the proper account. In addition, but not in limitation
of the foregoing, the Chief Financial Officer shall perform the following
duties:
(a)
Supervise the expenditure of all Borough funds and make certain
that such expenditure is strictly in accordance with the budgetary
appropriation.
(b)
Assist in the preparation of the Borough's budget.
(d)
Supervise the payroll accounts of the Borough.
(e)
Issue payroll checks to all officials, officers and employees
of the Borough.
(f)
Prepare and distribute all informational returns and payroll
reports required by any agency of the federal or state government
concerning any payments made to officials, officers, employees and
vendors of the Borough.
(g)
Supervise the method and procedures for the payment of all claims
against the Borough.
(h)
Supervise all investments of the Borough and make recommendations,
where appropriate, to the Borough Manager and Borough Council concerning
investments or any other matter touching upon the financial affairs
of the Borough.
(i)
Perform such further and additional duties as may be prescribed
by the Borough Manager.
(j)
Be
the custodian of any funds deposited in escrow with the Borough of
Beach Haven for any purpose, be they funds deposited for inspection
fees, performance guarantees, maintenance guarantees or any other
deposits into escrow.
[Added 11-14-2011 by Ord.
No. 2011-22C]
[1]
Assignment of escrow funds held by the Borough of Beach Haven.
[a]
Escrow funds held by the Borough of Beach Haven under the supervision
of the Chief Financial Officer of the Borough may be assigned by the
depositor only by a written assignment which shall describe the escrow
funds being held, the purposes for which they are being held and the
date of their deposit. Any such assignment shall be executed by the
depositor or depositors, whose signatures shall be witnessed and whose
signatures shall be made and executed before a notary public of the
State of New Jersey, who shall affix an appropriate notarial acknowledgement
of such assignment.
[b]
In the event that the assignor is anything other than an individual
or individuals, the capacity of the signatories shall be set forth,
i.e., manager, general partner, partner, president or other officer.
[c]
Upon the presentation of such a properly executed assignment, the
same shall be approved by the Chief Financial Officer of the Borough,
who may, in his or her sole discretion, seek further review by the
Borough Solicitor; and upon approval by the Chief Financial Officer,
he or she shall present to the governing body of the Borough of Beach
Haven a form of resolution to be adopted approving the assignment;
and only after such resolution has been duly adopted by the governing
body of the Borough of Beach Haven may the Chief Financial Officer
cause such funds to continue to be held by the assignee or assignees
or cause such funds to be disbursed to the assignee or assignees.
(3)
Designation of position. The appointment to the position of Chief
Financial Officer shall be made by Borough Council. The individual
so appointed shall possess all of the requisite qualifications and
experience required by law and, specifically, Chapter 9 of Title 40A
of the New Jersey Revised Statutes, as amended and supplemented.
(4)
Term of office; tenure. The term of office of the Chief Financial
Officer shall be for a term of four years. A Chief Financial Officer
who has served in that position for a period of not less than five
consecutive years and who is the holder of a municipal finance officer
certificate issued in accordance with N.J.S.A. 40A:9-140.1 et seq.
shall be granted tenure of office upon filing with the Borough Clerk
and with the Division of Local Government Services in the New Jersey
Department of Community Affairs a notification evidencing his or her
compliance with this section. Thereafter, such person shall continue
to hold office and shall not be removed therefrom except for just
cause; and then only after a public hearing upon a written complaint
setting forth the charge or charges against him or her as required
by law or upon expiration and revocation of certification by the Director
of the Division of Local Government Services.
(5)
Dual positions. Nothing contained within this section shall be construed
as prohibiting an individual holding the position of Treasurer, Assistant
Treasurer and Tax Collector from being appointed to the position of
Chief Financial Officer, provided such individual possesses the required
qualifications.
(6)
Payroll Supervisor/Pension Fund Supervisor. Within the Division of
the Treasury, there shall be the Payroll Supervisor/Pension Fund Supervisor,
who shall be appointed by and serve at the pleasure of the Borough
Council. The Payroll Supervisor/Pension Fund Supervisor shall bear
the responsibilities set forth in this section. The Payroll Supervisor/Pension
Fund Supervisor shall perform the following duties:
[Added 7-8-2019 by Ord. No. 2019-23C]
(a)
Supervises
and coordinates processing time cards, compiling payroll statistics,
maintaining payroll control records, recording of hours of work and
calculating payrolls according to policy.
(b)
Coordinates
and processes applications or enrollments into pension systems, health
benefits programs, dental insurance and prescription plans.
(c)
Reviews
and approves payroll deductions.
(d)
Records
and processes all payments made to various health plans.
(e)
Interprets
policies and government regulations in connection with payroll procedures.
(f)
Checks
the preparation of annual tax withholding statements for accuracy.
(g)
Supervises
the changes on individual pay resulting from overtime, absence, leave
of absence, union dues, tax changes, social security and pension deductions,
hospitalization and group life insurance deductions, garnishees, and
attachments to ensure proper notations.
(h)
Prepares
payroll schedule for distribution of pay checks.
(i)
Prepares
correspondence and maintains records of a confidential nature.
(j)
Handles
all receipts and disbursements for retirement systems.
(k)
Disseminates
pension information and processes employee pensions.
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, who shall be appointed by Borough Council.
(1)
The Borough Tax Collector shall receive and collect all monies assessed
or raised by taxation or assessment for any purpose. The Collector
shall enter in suitable books or other records to be kept by him or
her the sums received each day together with the account to which
each receipt is credited. The Collector shall turn over all monies
to the Chief Financial Officer. Within 60 days after the end of the
fiscal year, and at such other times as may be required the Borough
Council, the Collector shall make and furnish a detailed and true
list of all delinquent Borough taxpayers for the next preceding year
or for such period as Borough Council may require.
(2)
The Borough Tax Collector shall, pursuant to law, hold annual sales
of liens for unpaid taxes, water and sewer charges as well as any
other liens provided for by the ordinances of the Borough of Beach
Haven.
D.
Division of Tax Assessment. Within the Department of Finance there
shall be a Division of Tax Assessment, the head of which shall be
the Borough Tax Assessor, appointed by Borough Council.
(1)
No person may be the Borough Tax Assessor unless he or she holds
a tax assessor certificate.
(2)
A person reappointed to office, and thereafter serving in office
for four consecutive years, shall be entitled to tenure.
(3)
The Tax Assessor shall:
(a)
Have, perform and discharge all the functions, powers and duties
prescribed by law for a municipal assessor.
(b)
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.
(c)
Maintain adequate assessment records of each separate parcel
of real property assessed or exempted.
(d)
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. To properly maintain
the current tax map the Assessor shall annually, during the month
of January, forward to the Borough Engineer copies of all deeds and
condominium documents recorded in the office of the Ocean County Clerk
in Toms River, New Jersey, during the prior year.
(e)
Report to the Borough Manager and Borough Council as to equalization
proceedings and other matters involving the County Tax Board and make
recommendation as to action to be taken in that regard.
E.
Duplication and backup of records. The Department of Finance shall
take all necessary and appropriate actions to insure that all financial
records of the Borough are duplicated and backed up off site at least
weekly. The duplication and backup may be accomplished electronically
or by storage of hard copies of the records on the mainland west of
Long Beach Island, or both by electronic and hard copy backup.
A.
Policy. It is the established policy of the Borough that no article
or service shall be contracted for or purchased by any department,
board, agency, or office of the Borough except in accordance with
the procedures set forth herein. No order is to be placed or a commitment
made except by an approved written purchase order issued in accordance
with the procedures outlined herein or by the emergency purchase procedure
which is hereinafter specified.
B.
Disclaimer of liability; noncompliance by Borough personnel. The Borough will not be bound by any purchase or contract which is made contrary to the policy expressed in this section and particularly in Subsection A above. Any officer, official, employee or representative of the Borough who violates the policy may be subject to disciplinary action as well as personal liability for any costs or obligations improperly incurred.
C.
Establishment of petty cash funds. Pursuant to N.J.S.A. 40A:5-21
and pursuant to the procedures therein set forth, a petty cash fund
or a petty cash funds may be established in each department, pursuant
to the express approval of the Borough Council and the required approval
by the Director of Local Government Finance. The Chief Financial Officer
shall submit recommendations to the Borough Council concerning the
need for and the establishment of any or all such funds. Petty cash
funds shall be used for the purchase of small items or services. Petty
cash shall not be viewed as a means by which the purchase order system
may be circumvented. A purchase order is required for all purchases
in excess of $25. Receipts are required for petty cash replenishment.
Petty cash will be replenished as determined by the Chief Financial
Officer. All requests for replenishment of petty cash fund shall be
submitted to the Chief Financial Officer not later than Monday of
the week preceding the meeting of the Borough Council when replenishment
of the fund may be authorized.
D.
Purchasing procedures established.
(1)
Standard purchasing procedures. The initial step in the purchasing cycle shall be the preparation of a request for purchase, which is submitted electronically to be distributed to the department head, the Borough Manager and the Chief Financial Officer of the Borough. The department head shall only requisition budgeted items. Nonbudgeted items or services shall require the prior approval of the department head and the Borough Manager with the concurrence of the Borough Council. Purchases of an emergency nature will be processed using the emergency procedures set forth in Subsection E, below. Adjustments to a department's budgeted items shall be considered when purchasing nonbudget items.
(2)
Quote comparison sheets. Quote comparison sheets will be available
from the Treasurer's office and shall be prepared for all items costing
in excess of $1,000 as may be required by the provisions of N.J.S.A.
40A:11-3. Price quotes shall be solicited from three vendors for prices
of the items. Data pertinent to required items or services shall be
listed, including price quotes. The lowest responsible bidder shall
be selected. When purchases are made from an approved state contract
vendor, no quote comparison is needed.
(3)
Request for purchase.
(a)
The following information is required for all requests for purchase.
The numbers preceding each item of information shall correspond to
those found on sample forms which may be obtained from the Treasurer's
office.
[1]
Vendor's name and address. Complete name and address of the
vendor. Include all post office box numbers and zip codes.
[2]
Purchase order number. This number will be filled in by the
Treasurer's office at the time of purchase order approval.
[3]
The number of account or appropriation number to be charged.
[4]
Account balance. To be completed by Treasurer's office.
[5]
Department/division. Full name of department or division requesting
purchase.
[6]
Date. Date of request.
[7]
Required delivery date. The date that delivery is required.
To assure delivery is on time, ascertain applicable lead time(s),
including ordering, design, manufacture or production and shipping
data, if item is not stocked.
[8]
Addressee and destination. Specific information is to be supplied,
including full name of the person to whom delivery is to be made and
the location where such delivery is to be made.
[9]
Quantity. Provide specific data relative to quantity required
and shipping unit (box, carton, case, etc.).
[10]
Description/stock number. Provide full description of requested
purchase. Be as specific as possible. Description shall include model
number, size, full specifications of required purchase.
[11]
Price. Exact price of each unit.
[12]
Amount. Provide total price, including shipping charges. While
every attempt should be made to determine the total price, it may
be necessary, on occasion, to estimate shipping charges.
[13]
Electronic approval. Electronic approval by person requesting purchase [see Subsection D(3)(a)[14] below].
[14]
Electronic approval. Electronic approval of department head
or individual to whom authority has been delegated by department head.
Request for purchase of budgeted items where total cost will not exceed
$500 requires only approval of department head.
[15]
Electronic approval as to availability of funds. The electronic
approval of the Chief Financial Officer, Treasurer or Deputy Treasurer
shall be required indicating funds are available for the purchase.
[16]
Final approval. The electronic signature of the Borough Manager
shall be required before any such purchase is consummated.
(b)
The request for purchase shall be submitted well in advance
of the time the goods, material or service are needed to allow sufficient
time for review and for preparations for other than routine purchases
and for those quotations which involve more complex or technical purchases.
(c)
The request for purchase shall be forwarded to the Treasurer's
office and the requesting department shall retain a copy for its file.
If the request for purchase is not properly completed, it will be
returned to the originating department head for correction, additional
information or clarification. The Treasurer's office will also review
a unit's requisition, making necessary consolidations and standardizations
with requests of other units. Requesting units shall be advised and
consulted when standardizations are made. Based on the total and aggregate
dollar amount of the purchase requests, written specifications and
sealed bids or informal solicited quotations may be utilized. To record
the request, the requisition shall be retained by the Treasurer's
office and filed numerically with the approved purchase order. State-approved
contract vendors or cooperative pricing system vendors pursuant to
N.J.S.A. 40A:11-11(5), as amended and supplemented from time to time,
may also be used to fulfill the Borough's needs. Before any formal
commitment is made to a vendor, and prior to the issuance of a purchase
order, the availability of funds must be determined pursuant to N.J.A.C.
5:3014.5, as amended and supplemented from time to time.
(d)
All requestors for purchase shall be mindful of the statutory
requirement that contracts may not be split or divided in order to
avoid state-mandated bidding and quoting requirements.
E.
Emergency purchases.
(1)
Emergency purchases shall only be authorized when a situation requires
the immediate purchase or delivery of goods or services to meet an
actual danger to the public health, safety or welfare. The head of
the department requesting an emergency purchase shall first contact
the Borough Manager and upon receipt of approval from the Borough
Manager shall then contact the Chief Financial Officer in order to
receive approval. No later than the next working day following the
emergency, the department head shall submit a written report to the
Borough Manager and the Chief Financial Officer, describing the emergency
and the steps taken to resolve the matter. The department heads shall
execute a purchase requisition and submit it to the Treasurer's office.
(2)
In the case of an emergency, the preparation and release of a purchase
order is the sole and exclusive duty of the Chief Financial Officer.
F.
Purchase orders. All purchase orders shall be in the form prepared by or approved by the Chief Financial Officer of the Borough of Beach Haven. They shall originate in electronic form and initially be submitted in electronic form as hereinabove set forth in Subsection D(3). No purchases other than from an approved petty cash fund shall be made by any department head or other Borough employee without an approved purchase order having been electronically approved and printed on hard copy.
A.
There shall be an office of the Public Works Superintendent, who
shall be appointed by the Borough Manager.
(1)
Residency. The Public Works Superintendent need not be a resident
of the Borough.
(2)
Qualification. The Public Works Superintendent shall be a person
qualified by education, training and experience and as otherwise required
by law to perform the duties of such office and shall possess a CPWM
certification and a CDL drivers license.
[Amended 12-9-2019 by Ord. No. 2019-39C]
(3)
Supervision. The Public Works Superintendent shall be under the direct
supervision of the Borough Manager and shall also be guided by the
advice of the Borough Engineer.
B.
Duties of the Department. The Department of Public Works, through
the Public Works Superintendent, shall take charge of and be responsible
for the construction, operation and maintenance of all parks and storm
sewers; the cutting of brush, mowing of grass and removal of snow;
the maintenance of beaches; and the care of other public works in
the Borough, subject to the orders and directions of the Borough Manager.
The Department of Public Works shall supervise the maintenance of
all Borough streets and roads, including the street lighting system,
with the Police Department being responsible for checking streetlight
outages, and shall provide, operate and maintain facilities for the
collection and disposal of refuse and garbage at such times and in
such manner as may be authorized by resolution of the Borough Council.
C.
Duties of the Superintendent. The Public Works Superintendent shall:
(1)
Set up and maintain adequate inventory and control thereof of all
materials and supplies needed for the maintenance and repair of all
public works under his or her supervision.
(2)
Submit to the Borough Manager no less than 48 hours prior to every
regular monthly Council meeting a monthly report of all work performed,
services furnished and inspections made during the previous month.
(3)
No later than November 1 of each year, submit to the Borough Manager
his or her recommendations for budget appropriations for the ensuing
year.
(4)
[1]Inspect or be responsible for the inspection of all storm
sewers in the Borough individually or in conjunction with other designated
officials.
[1]
Editor's Note: Former Subsection C(4), which provided that
the Superintendent would serve as Recycling Coordinator, was repealed
12-9-2019 by Ord. No. 2019-39C. This ordinance also provided for the
renumbering of former Subsection C(5) through (10) as Subsection C(4)
through (9), respectively.
(5)
Receive and investigate all complaints from residents and taxpayers
of the Borough relating to the operations under his or her jurisdiction,
take appropriate action and report the result to the Borough Manager.
(6)
Supervise the operation, maintenance and repair of Borough-owned
equipment used in the performance of the work assigned to him or her.
(7)
Set up, keep and maintain all the necessary books, records, field
notes, maps, surveys and similar records necessary to perform the
duties of his or her office and turn over all such records to his
or her successor on the termination of his or her employment by the
Borough.
(8)
Recommend to the Borough Manager the need for repairs and replacements
to Borough-owned equipment, structures, buildings and grounds.
(9)
Supervise the performance of personnel assigned to the Department
of Public Works.
D.
Promulgation of rules and regulations. The Borough Manager may adopt
and promulgate rules and regulations necessary for the proper regulation
of the Department of Public Works. They shall be known as the "Rules
and Regulations for the Governing of the Department of Public Works,"
and shall be binding on each member of the Department.
There shall be a Department of Police established in accordance with the provisions of Chapter 30, Police Department, of this Code.
Fire protection for the Borough of Beach Haven is provided by Beach Haven Volunteer Fire Company as set forth in Chapter 12 of this Code.
A.
The Construction Official shall be appointed by the Borough Manager.
Prior to his or her appointment, he or she shall be qualified by training
and experience in the duties required of such an officer.
B.
Duties of Construction Official. The Construction Official shall:
(1)
Enforce the building code and housing code and have all the powers,
functions and duties prescribed by general law and ordinance for construction
officials.
(2)
Keep a record of his or her proceedings, a permit book and complaint
book. He or she shall report to the Borough Manager no later than
48 hours prior to each regular monthly Council meeting of the Borough
Council as to the number of permits issued, the estimated cost of
such work and the fees received and paid by him or her to the Chief
Financial Officer.
(3)
Issue certificates of occupancy.
(4)
Have and exercise such other powers, duties, functions and responsibilities
as are prescribed by Borough Council and/or assigned by the Borough
Manager.
C.
Zoning Officer appointment; duties. The Zoning Officer shall be appointed by the Borough Manager and perform all of the duties of the Office of Zoning as prescribed under the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.; Chapter 19, Land Use Administration; Chapter 167, Site Plan Review; Chapter 179, Subdivision of Land; and Chapter 212, Zoning, of this Code.
D.
Code Enforcement Officer appointment; duties. The Code Enforcement
Officer(s) shall be appointed by the Borough Manager and shall perform
all of the duties of a Code Enforcement Officer to enforce the various
codes of the Borough of Beach Haven as may be directed by the Borough
Manager. The term of the Code Enforcement Officer shall be as determined
by the Borough Manager, and the Code Enforcement Officer shall be
authorized to issue summons returnable in the Municipal Court of the
Borough of Beach Haven for a violation of any provisions of the Code
of the Borough of Beach Haven. Summons issued by the Code Enforcement
Officer shall be sworn to under oath before the Municipal Court Administrator
and shall specify the section of the Code violated and describe the
violation which is being charged.
E.
Plumbing Official, Fire Official and Electrical Official. The Borough
of Beach Haven has entered into an interlocal services agreement with
the Township of Stafford to provide for plumbing inspection, fire
inspection and electrical inspection.
A.
The Water Department shall be under the supervision of a Superintendent
of Water, who shall be the head of the Department and appointed by
the Borough Manager. He or she shall be a person qualified by training
and experience to perform the duties of the office and shall be the
holder of any and all necessary licenses, permits and degrees.
B.
Water Rent Collector. There shall be a Water Rent Collector appointed
by the Borough Manager who shall:
A.
Emergency Management Coordinator. The Borough Manager shall appoint
an Emergency Management Coordinator from among the residents of the
Borough, and who shall serve for a term of three years. The Emergency
Management Coordinator shall be qualified as required by N.J.S.A.
App. A:9-40.1.
B.
Deputy Emergency Management Coordinator. The Council, pursuant to
the provisions of N.J.S.A. App. A:9-42.1b, shall appoint a Deputy
Emergency Management Coordinator. Whenever possible, such Deputy Emergency
Management Coordinator shall be appointed from among the salaried
officers or employees of the Borough. The Deputy Emergency Management
Coordinator shall serve as set forth in N.J.S.A. App. A:9-42.1b.
C.
Assistant Deputy Emergency Management Coordinator; Emergency Management
Mechanic. The Emergency Management Coordinator may appoint an Assistant
Deputy Emergency Management Coordinator who shall also be Emergency
Management Mechanic. The appointment of such an Assistant Deputy Emergency
Management Coordinator shall be made only with the approval of the
Borough Manager. The Assistant Deputy Emergency Management Coordinator
and Emergency Management Mechanic shall serve at the pleasure of the
Emergency Management Coordinator.
D.
Duties. The Emergency Management Coordinator shall be responsible
for the planning, activating, coordinating, and the conduct of emergency
management operations within the Borough, and shall have such further
powers and duties as are set forth in N.J.S.A. App. A:940.4.
E.
Emergency Management Council. There shall be an Emergency Management
Council composed of not more than 15 members who shall be appointed
by the Borough Manager and shall hold office at the pleasure of the
Borough Manager. The Emergency Management Coordinator shall be a member
and shall serve as Chairman. The Emergency Management Council shall
assist the Borough in establishing the various local volunteer agencies
needed to meet the requirements of all local emergency management
activities in accordance with rules and regulations established by
the Governor. The local Emergency Management Council is authorized,
within the limits of appropriations, to establish an adequate organization
to assist in supervising and coordinating the emergency management
activities of the Borough.
A.
There shall be a Department of Beach Patrol.
B.
The head of the Department shall be the Beach Patrol Chief, who shall
be appointed by the Borough Manager.
C.
The Beach Patrol Chief shall determine the qualifications of the
lifeguards and shall set forth their duties, all as approved by the
Borough Manager.
E.
Junior Lifeguard
Program. There is hereby established a junior lifeguard training program,
which shall be open to applicants between the ages of 10 years to
15 years, on a limited basis and in accordance with the regulations
and requirements established by the Borough. Admission into the program
shall be by application submitted on such form(s) as approved by the
Borough for said purposes together with the payment of such fees as
established by resolution of the Borough for said purpose.
[Added 3-30-2023 by Ord. No. 2023-12C]
A.
There shall be a Borough Attorney who shall be appointed by the Borough
Council on a professional contract basis. He or she shall be an attorney
at law of New Jersey, but need not be a resident of the Borough. The
Borough Attorney serves as an independent contractor for the Borough
and not as an employee. The Borough Attorney shall receive such compensation
as may be agreed upon and determined by the Borough Council based
upon a resolution adopted by Borough Council and a professional services
agreement awarded for a term of not more than one year pursuant to
the New Jersey Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
B.
Powers and duties. The Borough Attorney shall give all legal counsel
and advice required by the Borough Manager, the Borough Clerk and
Borough Council and shall in general serve as the legal advisor for
the Borough Manager, the Borough Clerk and Borough Council on all
matters of Borough business. The Borough Attorney shall represent
the Borough in all judicial and administrative proceedings in which
the Borough or any of its officers or agencies may be a party or have
an interest. In furtherance of his or her general powers and duties,
but without limiting them, the Borough Attorney shall:
(1)
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.
(2)
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough.
(3)
With the approval of the Borough Manager and Borough Council, compromise
or settle litigation in which the Borough is involved.
(4)
Render opinions in writing upon questions of law submitted to him
or her by the Borough Manager, the Borough Clerk or Borough Council
with respect to their official powers and duties.
(5)
Supervise and direct the work of additional attorneys and technical
and professional assistants which the Borough Council may authorize
for special or regular employment in or for the Borough.
A.
There shall be a Borough Engineer who shall be appointed by the Borough
Council on a professional contract basis. The Borough Engineer serves
as an independent contractor for the Borough and not as an employee.
The Borough Engineer shall receive such compensation as may be agreed
upon and determined by the Borough Council based upon a resolution
adopted by Borough Council and a professional services agreement awarded
for a term of three years pursuant to N.J.S.A. 40A:9-140. The contract
may provide for annual revision as to the compensation to be paid.
He or she shall be a duly licensed professional engineer of the State
of New Jersey. If a firm is selected, there shall be a "lead engineer"
designated, and who shall be responsible for the supervision and oversight,
and shall have a working knowledge of all engineering services being
furnished under the professional services agreement. The lead engineer
shall not be changed without the approval of the Borough Council.
B.
Duties. The Engineer shall perform the duties 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 through
its employees or by public contract.
(2)
Provide and maintain surveys, maps, specifications and control records
with respect to public works and facilities owned or operated by the
Borough.
(3)
Provide technical and engineering advice and assistance to other
Borough departments as needed.
(4)
Upon the termination of his or her service with the Borough, he or
she shall surrender all papers, documents, memoranda, reports and
other materials relating to the administration of his or her engineering
duties.
(5)
Annually make revisions in the tax map of the Borough to reflect
any subdivisions granted by the Land Use Board or created by condominium
documentation.
C.
Term. The Engineer shall serve for a term of three years. The Borough
Engineer shall be appointed triannually at the Borough Council's annual
reorganization meeting on July 1. In the event of a vacancy, the Borough
Council shall have the right to appoint an Engineer for the unexpired
term, and also for the year following the unexpired term.
A.
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 Beach Haven, Ocean County." The Municipal Court shall
have a seal bearing the impression of the name of the Court. The Court
shall be held at Borough Hall or such other place as the Borough shall
designate, and shall exercise all the functions, powers, duties and
jurisdiction conferred by law upon municipal courts.
B.
Municipal Judge.
(1)
There shall be a Municipal Judge of the Municipal Court appointed
by 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.
(2)
The Municipal Judge shall have and possess the qualifications and
shall have, possess and exercise all the functions, duties, powers
and jurisdiction conferred by law or ordinance. He or she need not
be a resident of the Borough. Whenever the Municipal Judge shall be
unable to sit as such, he or she may designate any other judge of
any municipal court to sit for him or her temporarily and hold the
Municipal Court. Any such designation shall be made in writing and
shall be filed in the Municipal Court, and any person designated,
while sitting temporarily, shall possess all the powers of the Municipal
Judge.
(3)
There shall be a Municipal Prosecutor serving the Municipal Court
appointed by the Borough Council annually at the July 1 Council meeting.
The Municipal Prosecutor if he or she is a member of a law firm may
appoint a member of his or her firm as Deputy Municipal Prosecutor;
the Prosecutor shall be an Attorney at Law of the State of New Jersey
in good standing.
(4)
There shall be a Municipal Public Defender and a Deputy Municipal
Public Defender appointed by the Borough Council annually at the July
1 Council meeting. The Public Defender and Deputy Public Defender
shall be an attorney at law of the State of New Jersey in good standing.
(5)
The Municipal Prosecutor, the Municipal Public Defender, Deputy Municipal
Prosecutor and the Deputy Public Defender need not be residents of
the Borough.
C.
Municipal Court Administrator. There shall be an Administrator of
the Municipal Court, who shall be appointed by the Borough Manager,
who shall perform the functions and duties prescribed for him or her
by law, the rules applicable to municipal courts, and by the Municipal
Judge. His or her duties shall include, but not be limited to:
(1)
Carrying out the rules, regulations, policies and procedures relating
to the operation of the Municipal Court.
(2)
Interviewing and speaking to persons wishing to file complaints or
wishing information in this regard; receiving complaints and dispensing
information relating to Municipal Court matters.
(3)
Maintaining the financial records of the Municipal Court.
(4)
Attending Municipal Court, recording pleas, judgments and dispositions;
arranging trial calendars; signing Municipal Court documents; preparing
and issuing warrants and commitments.
(5)
Taking and preparing bail bonds, recognizances, and security in lieu
thereof; making inquiries concerning their sufficiency and equity;
receiving and accounting for fines and costs.
(6)
Maintaining, forwarding, receiving and reporting such records, reports
and files as are required by the Director of Motor Vehicle.
D.
Deputy Municipal Court Administrator. There shall be a Deputy Court
Administrator, who shall be appointed by the Borough Manager, and
who shall perform the functions assigned to him or her by the Municipal
Judge and by the Municipal Court Administrator.
E.
Representation by Public Defender. Any person applying for representation
by the Municipal Public Defender shall pay an application fee for
said representation of $200. The Municipal Judge after considering
the application may waive all or any portion of this application fee,
if in his or her sound discretion he or she finds the same to be an
unreasonable burden on the person seeking representation.
The Land Use Board of the Borough of Beach Haven shall continue to function as established in Chapter 19 of this Code.
The services of the Board of Health of the Borough of Beach
Haven shall be provided by the Long Beach Island Health Department
as part of the Municipal Alliance with the Township of Long Beach
as lead agency.
A Shade Tree Commission is hereby established according to N.J.S.A.
40:64-1 et seq., vesting in the Shade Tree Commission all of the necessary
power and privileges pertaining to the regulations, planting, care
and control of shade and ornamental trees and shrubbery upon and on
the streets, highways, public places, parks and parkways of the Borough.
The Commission shall be legally known as the "Shade Tree Commission
of Beach Haven, New Jersey," and shall be governed by the provisions
of Chapter 40 of this Code.
There is hereby established, pursuant to N.J.S.A. 40:56A-8 et seq., a Joint Environmental Commission of the Boroughs of Beach Haven, Ship Bottom, Surf City, and Harvey Cedars, for the protection, development and use of natural resources, including water resources, located within the territorial limits of the Boroughs and the Township, which shall be known as the "Joint Environmental Commission of Long Beach Island," and which shall be governed by the provisions Chapter 10 of this Code.
The Historical Preservation Advisory Commission has heretofore been created by Chapter 41 of this Code and shall continue to function as therein described.
[Added 6-10-2019 by Ord. No. 2019-15C]
A.
Preamble.
The Beach Haven Community Garden is hereby established for the support
of recreational community gardens for residents to grow their own
produce through best gardening practices. Benefits include the preservation
of green space as residents work collaboratively and share information
in gardening techniques. In addition, the Beach Haven Community Garden
will provide an educational forum for members to expand horticultural
knowledge by way of cross-cultural and intergenerational connections
as well as foster pride in a community-wide organization.
B.
Committee
established. There is hereby established a Beach Haven Community Garden
Committee, which shall be comprised of the Borough Manager, Director
of Public Works, Recreation Director and a member of the public designated
by the Mayor. This Committee shall be advisory only, shall meet at
least once per year, and shall provide input and suggestions for the
operation of the Beach Haven Community Garden.
C.
Rules and
regulations. The Borough Manager is authorized to establish rules
and regulations for the operation of the Beach Haven Community Garden,
which may include establishing annual fees, not to exceed $ 45 per
person.
