All legislative power of the township, except in matters of
health, shall be exercised by the Township Committee pursuant to law,
and in matter of health by the board of health.
The Township Committee shall organize annually during the first
week in January, at which time it shall elect a Mayor from among its
members. The Mayor shall preside at meetings of the Township Committee
and perform such other duties as the Township Committee may prescribe.
In the absence or disability of the Mayor, the committee shall elect
a temporary presiding officer.
The Mayor shall have the power to appoint subcommittees of the
Township Committee with the consent of the Township Committee. He
shall sign and execute documents and agreements on behalf of the township.
He shall have the power to make proclamations concerning holidays
and events of interest to the township. He shall exercise the ceremonial
power of the township and every other power usually exercised by township
Mayors or conferred upon him by law. In the absence or disability
of the Mayor, the Township Committee shall designate someone to act
in his stead.
a. Regular meetings. The Township Committee shall meet annually within
the first week in January. The committee shall meet regularly thereafter
on the first and third Tuesday of each month at 8:00 p.m., except
that the committee may, by resolution, dispense with or change the
date of a regular meeting. When the time for any regular meeting of
the committee falls on a legal holiday as prescribed by law, such
meeting shall be held at the same hour on some other day of the week
at the convenience of the committee,
b. Special meetings. A special meeting may be called at any time upon
written request of a majority of the members of the Township Committee
or by the Mayor. The request and call for a special meeting shall
specify the purpose of the meeting and no business shall be transacted
at any special meeting other than that specified. The call for a special
meeting shall be filed with the Township Clerk and shall be served
upon each committee member as provided by law and such other notice
shall be given as provided by law.
All regular and special meetings of the Township Committee shall
be open to the public. The rules of procedure to be followed and rules
for the consideration of nominations submitted by the Mayor and for
the conduct of other business of the committee shall be provided by
resolution.
A majority of the whole number of members of the Township Committee
shall constitute a quorum, and no ordinance shall be adopted by the
Township Committee without the affirmative vote of a majority of the
quorum of the committee. If a quorum is not present one-half hour
after the appointed time for any meeting, the presiding officer or
the clerk may declare the meeting adjourned.
The vote upon every ordinance, and upon every motion or resolution
when requested shall be taken by roll call and the yeas and nays shall
be entered on the minutes. The minutes of each meeting shall be signed
by the Township Clerk.
All ordinances shall be introduced read, heard and enacted in
the manner provided by general law.
The ordinance book shall be signed by the Mayor and clerk.
Pursuant to N.J.S.A. 40:146-13.1 the committee shall have the
power and authority to elect, from among its members, a vice-chairman
of the committee. In the absence or disability of the chairman the
vice-chairman shall have all the powers and duties of the chairman
and shall serve and be known as the acting township Mayor.
A municipal court is hereby established, pursuant to Chapter
264, Laws of 1948, as amended by Chapter 394, Laws of 1948, of the
State of New Jersey, which court shall be known as "Municipal Court
of the Township of Southampton" and the judge of the court shall be
known as the municipal judge.
The court shall have, possess and exercise all the functions,
powers, duties and jurisdiction of a municipal court as prescribed
by Chapter 264, Laws of 1948, as amended, or as may hereafter be prescribed
by Law.
The municipal judge shall have the qualifications required by
law, shall be appointed by the Township Committee, shall serve for
a term of three years from the date of his appointment and until his
successor is appointed and qualified, and shall receive such annual
salary as may be established by the Township Committee, which shall
be payable not less than annually and upon the presentation of proper
vouchers by the judge, which compensation shall be in lieu of any
and all fees or other compensation.
The Township Committee shall appoint a clerk of the municipal
court and a violations clerk, who shall receive such compensation
by way of salary shall be established by the Township Committee, which
shall be payable to the clerks not less than annually and upon the
presentation of proper vouchers. The court clerk and violations clerk
shall perform the duties prescribed by law and such additional duties
as may be required of them by the judge; both offices may be held
by the same person.
The costs and fees charged against defendants, when collected,
shall become municipal funds and shall be turned over to the custodian
of the funds of the municipality. The fines and penalties imposed
in the municipal court shall be disposed of as prescribed by law.
In order to obtain the services of the municipal public defender,
an application must be filed with the municipal court on a form provided
by the township. The application form shall be consistent with the
requirements of N.J.S.A. 2A:158-1 et seq.:
a. The municipal court judge shall make the decision as to which defendants
are indigent after reviewing the defendant's application. This
determination shall be based upon whether the applicant fits within
the definition of "indigent defendant" found within N.J.S.A. 2A:158-2.
b. The municipal court administrator shall assess a $200 (effective
December 22, 1997) application fee to each person from whom an application
for services of the municipal public defender is made. The judge of
the municipal court will be allowed to waive the fee, or part of the
fee, only "upon a clear and convincing showing that the application
fee represents an unreasonable burden on the person seeking representation.
"This fee shall be chargeable regardless of whether the applicant
is found to require the services of the municipal public defender.
c. The defendant's inability to pay the application fee shall in
no way affect or reduce the rendering of services to him. In the case
of a defendant who is unable or unwilling to pay the application fee,
the fee shall become a lien and the township may collect the fee consistent
with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158-19.
d. In all cases where it appears that the defendant has, or reasonably
expects to have, means to meet some part, though not all, of the cost
of the services rendered to him, he shall be required to reimburse
the township. The court is specifically authorized to require that
the fee be paid at once, or in installments over a period of four
months or less. No default or failure in the making of such payment
shall be made by the Municipal Court Judge, based on the defendant's
application for municipal public defender assistance.
e. All monies collected as application fees shall be used exclusively
to help defray the cost of administering the municipal public defender
system in the Municipal Court.
a. Purpose. The Township of Southampton is required to provide for the
services of a public defender for certain eligible defendants appearing
before the Township Municipal Court. Upon occasion a conflict of interest
or other problem arises with the Township of Southampton's appointed
public defender and the Township is required to provide for an alternate
public defender to serve in that situation. It has been determined
to be both necessary and desirable that the Township create the position
of "alternate public defender" to provide legal services to eligible
individuals appearing in the Township's Municipal Court, and
to set the fee for same, where the services of the regularly appointed
public defender are not available.
b. Position created. The position of alternate public defender for the
Township of Southampton be and hereby is created.
c. Compensation. The compensation for said alternate public defender
shall be $200 per day for the Township of Southampton Municipal Court.
a. All requests for discovery in matters pending in the Southampton
Township Municipal Court shall be submitted through the municipal
prosecutor.
b. The following fees shall be payable by the requestor to the Township
of Southampton for the discovery provided:
1. $0.75 per page for each of the first 10 pages photocopied.
2. $0.50 per page for each of the next 10 pages photocopied.
3. $0.25 per page for each of the pages photocopied thereafter.
4. Actual postage for any discovery sent by mail.
5. $0.25 for the envelope for any discovery sent by mail.
6. Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
7. Duplications of videotapes constitute an extraordinary duplication
process and will be charged at the rate of $5 per videotape.
8. On any item that cannot be photocopied on the Township copy machine
or not otherwise provided for in this schedule, the actual cost incurred
in making the copy shall be charged.
c. Where the discovery must be obtained from an entity other than the
Township of Southampton, e.g., another police department, the actual
costs paid to the other entity shall be paid by the requestor.
a. Creation.
The Environmental Commission heretofore established by the Township
is hereby reestablished and reorganized as the Environmental Commission
of the Township of Southampton pursuant to N.J.S.A. 40:56A-1 et seq.
As used in this section, the following terms shall have the
meanings indicated:
COMMISSION
The Environmental Commission of the Township of Southampton.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alterations,
relocation or enlargement of any mining excavation or landfill, and
any use or change in the use of any building or other structure, or
land or extension of land for which permission may be required pursuant
to the Municipal Land Use Law (N.J.S.A. 40:56D-1 et seq.).
MAYOR
The Mayor of the Township of Southampton.
[Amended 12-19-2017 by Ord. No. 2017-09]
The Environmental Commission shall consist of five members and
two alternate members (if such alternates are appointed), to be appointed
by the Mayor. One member shall be appointed to serve as a member of
the Southampton Township Planning Board, and one member shall serve
as Chairperson and presiding officer of the Commission. There shall
be an appointment of one Vice Chairperson, each position being held
by a separate member. All members shall be residents of the Township
and shall serve without compensation except as hereinafter provided.
[Amended 12-19-2017 by Ord. No. 2017-09]
a. The terms of office of the Commissioners shall be for three years.
b. Unexpired term. Any vacancy created other than by expiration of a
term shall be filled for the remainder of the unexpired term only.
[Amended 12-19-2017 by Ord. No. 2017-09]
a. Two alternate members may be appointed by the Mayor to serve during
the absence or disqualification of any regular member. Such alternate
members shall meet the same qualifications of any regular member.
In the event two alternate members are appointed, the initial terms
of such members shall be one and two years respectively. All subsequent
appointments of alternates, except to fill vacancies, shall be for
a period of two years and until the appointment and qualification
of their successors, beginning the first day of January of the first
year of the term. At the time of their appointment, such alternate
members shall be designated by the Mayor "Alternate No. 1" and "Alternate
No. 2." Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. In the event that a choice must be made to which alternate
member is to vote, Alternate No. 1 shall vote.
b. Unexpired term. Any vacancy created other than by expiration of a
term shall be filled for the remainder of the unexpired term only.
The Commission is established for the protection, development
and/or use of natural resources, including water resources, located
within the territorial limits of the Township. In order to carry out
these purposes, the Commission shall have the following powers:
a. Promoting the conservation and development of the natural resources
of the Township.
b. Planning, implementing and informing the public about local conservation
programs.
c. Conducting research into the possible use of the open areas of the
Township.
d. Recommending to the Planning Board plans and programs for inclusion
in a municipal master plan and the development and use of such open
areas.
e. Advertising, preparing, printing and distributing books, maps, charts,
plans and pamphlets which in its judgment it deems necessary for its
purpose.
f. Managing donated or purchased lands for conservation purposes.
g. Acting as the coordinating agency for the community on conservation
matters and a liaison between local conservation needs and regional,
county, state and federal agencies administering to those needs.
h. The 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, gypsy moth and mosquito control, environmental
appearance, marine resources and protection of flora and fauna.
The Environmental Commission shall keep an index of all open
areas publicly or privately owned, including open marsh lands, swamps
and other wetlands, in order to obtain information on the proper use
of such areas.
|
The Commission may, subject to the approval of the Township
Committee, acquire property, both real and personal, in the name of
the Township of Southampton by gift, purchase, grant, bequest, devise
or lease for any of its purposes, including but not limited to use
as living museums, sites for scientific study, areas for teaching
of natural history and conservation, place of historic or prehistoric
interest and scientific beauty and habitat to rare and endangered
plants and animals, and shall administer the same for such purposes
subject to the terms of the conveyance or gift. Such an acquisition
may be to acquire the fee or any lesser interest, development right,
easement including conservation easement, covenant or other contractual
right (including a conveyance on conditions or with limitations or
revisions) as may be necessary to acquire, maintain, improve, protect
or limit the future use or otherwise conserve and properly utilize
open space and other lands and water areas within the Township.
The Commission shall, subject to the approval of the Township
Committee, have exclusive control of lands acquired for the purpose
hereinabove stated and may adopt suitable rules and regulations for
the use thereof and conduct of all persons while on or using the same.
The Commission shall keep minutes of its meetings and activities
and shall make an annual report on or before the first day of December
of each year to the governing body, which report shall be comprehensive
and detailed governing operations, receipts, disbursements and expenditures
for the full year.
The Mayor may remove any member of the Commission for cause,
or written charges served upon said member and after a hearing before
the governing body and with their approval thereon, at which the member
shall be entitled to be heard in person or by counsel.
Notwithstanding any other provisions of the law to the contrary,
the powers of appointment and removal hereby accorded to the Mayor
shall be vested in the elected official so designated or, where there
is a vacancy in the office of Mayor, in the duly designated acting
Mayor.
The commission is hereby authorized to adopt bylaws in order
to govern its procedural operations.
The governing body shall annually fix, determine and appropriate
a sum sufficient for the care, custody, policing and maintenance of
such lands acquired for the uses and purposes herein stated and for
the expenses incurred by the said commission which shall be raised
by taxation in the same manner as other taxes.
The commission may appoint a secretary, the salary shall be
fixed and determined by the governing body, and shall be within the
limits of funds appropriated to the commission.
After the commission has prepared and submitted to the planning
board an index of the natural resources of the township, the planning
board shall make available to the commission an informational copy
of every application for development submitted to the board.
Within the Pinelands Area of Southampton Township, all applications for development shall be referred to the environmental commission for review as of the effective date of this subsection. The environmental commission is hereby authorized to review and comment upon said applications to the planning board and/or other township approval agency in accordance with Subsection 19-1.5d of Chapter
19 (Pinelands Development) of the Revised General Ordinances of Southampton Township.
Should any section, clause or phrase of this section be declared
by the Courts of New Jersey to be invalid, same shall not affect the
validity of the section as a whole or any part thereof other than
the part so declared to be invalid.
All ordinances or parts of ordinances inconsistent with this
section are hereby repealed to the extent of such inconsistency.
This section shall take effect immediately upon its final passage
and publication according to law.
[Adopted 12-15-2015 by Ord. No. 2015-14]
Pursuant to N.J.S.A. 40A:63-7, the Southampton Township Shade
Tree Advisory Board is hereby created and established. This Board
is not a Shade Tree Commission pursuant to N.J.S.A. 40:64-1 et seq.
and is not intended to have the powers of a commission.
The Board shall act in an advisory capacity to the Township
Committee in the following manner:
a. Promote and encourage appropriate shade tree care and planting to
ensure appropriate species are selected and existing street and other
shade trees are properly cared for, if viable, or timely removed if
not viable.
b. Make recommendations to the Township Committee with regard to shade
tree planning and planting.
c. Submit an annual report to the Township Committee regarding its activities
over the prior 12 months and, if requested, appear before the Township
Committee for discussion of same.
Members of the Shade Tree Advisory Board shall be appointed
by the Township Committee by resolution or motion, which shall be
reflected in the minutes. All initial appointments shall be retroactive
to January 1, 2015. The Shade Tree Advisory Board shall consist of
three members, appointed as follows in their initial term to create
staggering of seats.
a. Two members shall be appointed to two-year terms.
b. One member shall be appointed to a one-year term.
Any vacancy created other than by expiration of a term shall
be filled for the remainder of the unexpired term only.
The Township Committee may, if necessary, appropriate funds
for use by the Shade Tree Advisory Board to meet its stated purposes,
and expenses of the Board shall not exceed the funds appropriated
by the Committee.
The Shade Tree Advisory Board shall provide for its own internal
organizational rules and procedures as it deems desirable and shall
organize immediately.
Pursuant to the provisions of N.J.S.A. 40:23-6.37, the township
is hereby authorized to enter into contracts with the County of Burlington
for the joint use by the Township of Southampton and other municipalities
in the County of Burlington of administrative services and facilities
of the Office of Purchasing Agent of the County of Burlington appropriate
to the procurement of certain materials, supplies and equipment which
may be determined to be required by the township, and which the township
may otherwise lawfully purchase for itself. The services and facilities
of the Office of County Purchasing Agent shall be provided without
cost to the township.
The proper municipal officials of the township are hereby authorized
and empowered to execute, on behalf of the township, all such contracts
with the county as may be authorized and approved by resolution of
the Township Committee.
Pursuant to the provisions of N.J.S.A. 40A: 9-135 there is hereby
created the office of Deputy Municipal Clerk to be known as and referred
to as the "deputy Township Clerk."
The deputy Township Clerk shall be appointed annually by the
Township Committee and shall hold office for a term of one year from
January 1, of the year of his appointment and until his successor
has been appointed.
The deputy Township Clerk shall receive such compensation as
shall be fixed by the Township Committee in any salary ordinance by
the township.
The deputy Township Clerk shall assist the Township Clerk in
the performance and exercise of the powers, duties and functions of
his office and in addition during the absence, disability or unavailability
of the Township Clerk, the deputy Township Clerk shall have all the
powers of the Township Clerk and shall perform the functions and duties
of such office.
There is hereby created the office of Township Attorney. The
Township Attorney shall be appointed by the Township Committee by
a majority vote of its members. He shall be an attorney-at-law of
New Jersey, but need not be a resident of the township. In lieu of
appointing an individual attorney the Township Committee may appoint
a firm of attorneys, all members of which shall be attorneys-at-law
of New Jersey. The attorney shall not receive a fixed salary, but
shall be paid reasonable fees and charges for each item of work performed
by him commensurate with the standards of such charges in the community.
The attorney shall have such powers and perform such duties
as are provided for the office of Township Attorney by general law
or ordinances of the township. He shall represent the township in
all judicial and administrative proceedings in which the township
or any of its officers or agencies, except those having their own
solicitor, may be a party or have an interest. He shall give all legal
counsel and advice where required by the Township Committee or any
member thereof and shall in general serve as the legal advisor to
the Township Committee on all matters of township business. In furtherance
of such general powers and duties, but without limitation thereto,
the Township Attorney shall:
a. Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the municipality;
b. Conduct appeals from orders, decisions or judgments affecting any
interest of the township as he may in his discretion determine to
be necessary or desirable, or as directed by the Township Committee;
c. Subject to the approval of the Township Committee, have power to
enter into any agreement, compromise or settlement of any litigation
in which the township is involved;
d. Render opinions in writing upon any question of law submitted to
him by the Township Committee, or any member thereof, with respect
to their official powers and duties and shall perform such duties
as may be necessary to provide legal counsel to the Township Committee
in the administration of township affairs;
e. Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Township Committee may authorize
for special or regular employment in or for the township;
f. He shall attend all regular meetings of the Township Committee and
such special meetings as the committee shall direct; and
g. He shall also advise and assist and render opinions in writing to
any of the township officers in connection with the conduct of their
office.
There is hereby created the office of Township Engineer. The
Township Engineer shall be appointed by the Township Committee by
a majority vote of its members for the term of one year from January
1 of the year of his appointment and until his successor has been
appointed and qualified. The Township Engineer shall be a licensed
professional engineer and land surveyor of the State of New Jersey,
but need not be a resident of the township. The Township Engineer
shall not receive a fixed salary, but shall be compensated for the
reasonable value of each item of service performed for the township
in accordance with the then current fee schedule contained in the
publication of the New Jersey Society of Professional Engineers entitled
"Manual of Information on Consulting Engineer's Services and
Fees."
The Township Engineer shall perform such duties as are prescribed
by general law and ordinances and in addition shall:
a. Prepare or cause to be prepared plans, designs and specifications
for public works and improvements undertaken by the township, either
on force account or by public contract;
b. Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the township.
c. Provide technical and engineering advice and assistance to other
township departments as needed;
d. All papers, documents, memoranda, reports and other materials relating
to the administration of engineering duties of the Township Engineer
shall be and remain the property of the township. Upon the termination
of his services with the township, the Township Engineer shall forthwith
surrender to his successor all such property.
There shall be a road maintenance supervisor who shall be appointed
by the Township Committee for a term of one year from the date of
appointment and until his successor shall have been appointed.
The road maintenance supervisor under the general direction
and control of the Township Committee shall have the following duties
and responsibilities:
a. He shall work directly with the road department and be responsible
for all work related to this area.
b. He shall be responsible for working with assigned subordinates at
all times except when accomplishing administrative duties.
c. He shall insure the maximum productivity of subordinates through
direct supervision.
d. He shall maintain time cards for all employees assigned to the road
department.
e. He shall be responsible for completing all paperwork regarding sickness
and injury occurring on the job, etc.
f. He shall schedule and assign all routine work to be performed by
subordinates as well as all emergency work.
g. He shall be responsible for providing assistance to the building
and grounds department as required. This includes but is not limited
to mowing grass and clearing sidewalks.
h. He shall be responsible for the maintenance of all township equipment.
i. He shall be responsible for reviewing all bills pertaining to the
road department to insure correctness.
j. He shall maintain a daily log book on each piece of mobile equipment
pertaining to repairs, gas and oil expenses, etc.
k. He shall submit a monthly expense report to Township Committee not
later than the tenth of each month setting forth the nature of each
expenditure during the preceding month.
l. He shall be responsible for all employee disciplinary actions. All
actions taken will be reported to the Township Committee for their
coordination and review.
m. He shall perform all other duties assigned by the Township Committee.
The road maintenance supervisor shall put in a minimum 40 hour
work week during the hours of 8:00 a.m. and 4:30 p.m. each day and
shall have a 30 minute lunch break during that period.
The road maintenance supervisor shall be paid a salary as shall
be established in accordance with the provisions of the township salary
ordinance.
As used in this section, the following term shall have the meanings
indicated:
EMPLOYEE
a.
Shall include each person presently holding any office, position
or employment, elective or appointive, whether or not such person
holds a professional license or certificate and irrespective of the
number of hours worked per week, being paid a fixed salary or hourly
rate for the performance of his duties, but shall not include any
person furnishing professional or extraordinary unspecifiable services
under separate appointment, retainer, agreement or contract;
b.
Shall include persons formerly holding office or employment,
provided that the events giving rise to a cause of action or claim
hereunder occur after the effective date of this section.
The Township of Southampton does hereby authorize indemnification
of any person elective or appointive, hereafter referred to as an
"employee" in accordance with the provisions herein.
Except as otherwise provided herein, the township shall indemnify
and save harmless any employee from financial loss resulting from
any civil action, suit or proceeding, including a cross action, counterclaim
or cross complaint against such employee on account of any act or
omission in the scope of his employment, provided that the act or
failure to act does not arise out of actual fraud, willful misconduct
or actual malice. The township shall defray all costs of defending
such action, including attorney fees, court costs and expert or technical
witness fees and any amount paid in settlement thereof and actually
and reasonably incurred in connection therewith, to the extent permitted
by law. Expenses thus incurred may be paid in advance of final disposition
of the action. Nothing herein shall authorize the township to pay
for damages resulting from the commission of a crime. However, the
township is required to indemnify and save harmless each employee
from financial loss resulting from any action described above, including
punitive or exemplary damages if, in the opinion of the Township Committee,
the acts committed by the employee upon which the damages are based
did not constitute actual fraud, actual malice, willful misconduct
or an intentional wrong.
An employee shall not be entitled to indemnification or the
cost of defense under this section unless, within five days of the
time such employee is served with any summons, order to show cause,
complaint, process, notice, demand or pleading, he delivers the same
or a copy thereof to the Township Clerk to forthwith notify the Mayor
and Township Attorney thereof, provided that such time period may
be extended for cause by the affirmative vote of a majority of the
full membership of the Township Committee.
The employee shall choose his own counsel pursuant to the provisions
herein.
As a condition precedent to the township's provision of indemnification under this section, the counsel chosen by the employee shall enter into an agreement with the Township Committee at the earliest possible time and in the manner provided by law for the award of contracts regarding the provision of professional services. The agreement shall set forth both the rate of compensation and the anticipated total cost of defense acceptable to the Township Committee. The agreement shall expressly declare that the township's obligation to pay counsel shall be conditioned upon the complete satisfaction of the terms and requirements of this section and that the township may disclaim coverage under the terms of Subsection
2-10.8. The agreement shall also state that payment shall not be due until 45 days following the termination of the matter and the submission of counsel's itemized billing.
It shall be within the sole discretion of the Township Committee
to decide whether to provide counsel costs for proceedings beyond
the trial court level.
a. The Township Committee shall disclaim liability for coverage of defense
costs if any of the following conditions shall occur:
1. The employee is covered by insurance for the cost of defense.
2. The township is a party complaining against the employee.
3. Any of the acts or omissions complained of was the product of actual
fraud, actual malice or willful misconduct.
4. Any of the acts or omissions complained of was not within the scope
of the employee's duties, powers or responsibilities.
b. Determination of disclaimer of coverage.
1. The Township Committee shall determine not later than 30 days following
the termination of the case and submission by the employee's
counsel to the Township Clerk of an itemized billing (together with
a copy of all documents, pleadings, exhibits, transcripts and other
papers filed in the case) whether it will disclaim liability for coverage
of defense costs.
2. The Township Committee shall consider in its determination the pleadings,
evidence and arguments brought out in the case, the verdict (if any)
and any additional pertinent considerations. The township may not
disclaim coverage under this section if there shall have been a specific
determination by the trier of fact that the employee's actions
or omissions complained of were within the employee's scope of
employment, duties and responsibilities and further that the employee's
actions or omissions complained of did not involve actual fraud, actual
malice or willful misconduct.
3. The Township Committee's determination shall be subject to judicial
review; and, where provision of defense costs has been wrongfully
withheld by the Township Committee, the employee shall be reimbursed
for all defense costs and for all costs incurred in prosecuting the
action for reimbursement against the township.
An employee claiming indemnification under this section shall
cooperate fully and in good faith with the township and with any attorneys,
adjusters, investigators or expert or technical personnel engaged
by the employee for the preparation and presentation of a defense
to such action or the settlement or other disposition thereof. If
the employee neglects, fails or refuses to cooperate as aforesaid,
the Township Committee, after a hearing on 10 days' written notice
to the employee and for cause, may declare all rights created under
this chapter for the benefit of such employee to be forfeited and
terminated by the affirmative vote of a majority of the full membership
of the Township Committee.
This section is being enacted pursuant to the Interlocal Services
Act (N.J.S.A. 40:8A-1 et seq.) to authorize the County of Burlington
to provide public health services of a technical and professional
nature provided by the county health department as agent of our municipal
board of health in compliance with the Local Health Services Act,
Chapter 329, P.L. 1975 (N.J.S.A. 26:3A-1 et seq.).
This municipality shall enter into a contract, a copy of which
is on file in the office of the Township Clerk, open to public inspection,
with the County of Burlington essentially providing that the county
health department shall provide public health services which meet
the standards of core and effective activities enumerated in "Standards
of Performance," as promulgated by the Public Health Council of the
State of New Jersey. The public health service activities are categorized
under Administrative and Supporting Services, Environmental Health,
Communicable Disease, Maternal and Child Health and Chronic Illness
and are listed in said agreement. The Mayor and clerk of this municipality
are hereby authorized and directed to execute said agreement on behalf
of this municipality.
a. The purposes of this section are to:
1. Safeguard the heritage of the Township of Southampton by preserving
that part of the township which reflects elements of its cultural,
social, economic and architectural history.
2. Maintain and develop an appropriate harmonious setting for the architecturally
and historically significant landmarks within Southampton Township.
3. Stabilize and improve property values.
5. Protect and enhance the township's attractions to residents,
tourists and visitors and serve as a support and stimulus to business
and industry.
6. Promote the use of the historic district for the education, pleasure
and welfare of the citizens of the township and its visitors.
b. For these purposes, there is hereby established a district to be
known as the Township of Southampton Historic Preservation District.
a. In adopting this section; it is the intention of the Township Committee
to create a Preservation Commission of Historic Southampton to serve
in an advisory capacity for all matters before the township planning
board affecting the historic district of the township and to assist
the township zoning board of adjustment in a reviewing/adjudicatory
capacity for all matters concerning regulation of construction and
land use in the historic district of the township.
b. With respect to applications before the planning board and zoning
board of adjustment, which applications relate to construction, land
use or structures within the historic preservation zone, the applications
shall be initially referred to the historic preservation commission
as required by the municipal land use law and this section. In considering
such applications, the commission and the boards shall be guided by
the documents referred to and the standards set forth herein.
As used in this section, the following terms shall have the
meanings indicated:
ADDITION
A combination of materials to form a building, structure
or improvement to an existing historic site which changes the exterior
appearance of the historic site.
ALTERATION
Any work done on an historic site which changes the appearance
of the historic site.
BUILDING
A structure enclosed with exterior walls or fire walls, built,
erected or designed for the housing, shelter, enclosure or support
of individuals, animals or property.
COMMISSION
The Preservation Commission of Historic Southampton.
DEMOLITION
The razing of any structure or the obliteration of any natural
feature of an historic site.
HISTORIC DISTRICT
Definable group of tax map lots which represent a significant
period in the architectural and social history of Southampton Township
and, because of their unique character, can readily be viewed as an
area or neighborhood distinct from surrounding portions of Southampton
Township or have a unique character resulting from their architectural
style.
HISTORIC LANDMARK or LANDMARK
a.
Any real property, such as a building, structure, ruins, foundation,
route, trail, place or object, including but not limited to a cemetery,
burial ground, village area, bicycle railway or a natural object,
configuration, geological feature or formation which:
1.
Is of particular historic, cultural, scenic or architectural
significance to the Township of Southampton and in which the broad
cultural, political, economic or social history of the nation, state
or community is reflected or exemplified;
2.
Is identified with historic personages or with important events
in the main current of national, state or local history;
3.
Shows evidence of habitation, activity or the culture of prehistoric
man;
4.
Embodies a distinguishing characteristic or an architectural
type valuable as representative of a period, style or method of construction;
or
5.
Represents a work of a builder, designer, artist or architect
whose individual style significantly influenced the architectural
history of the Township of Southampton or other areas.
b.
The designation of a landmark shall be deemed to include the
tax map lots on which it is located. All landmarks shall specifically
be identified within the community facilities plan element of the
Township Master Plan.
HISTORIC SITE
Any landmark, whether located within or outside of an historic
district, or any building, structure, improvement, area or property
within an historic district.
IMPROVEMENT
Combination of materials to form a construction, whether
installed on, above or below the surface of an historic site, which
is intended to be kept at the historic site for a period of more than
60 consecutive days.
MAJOR APPLICATION
Any application for a certificate of appropriateness which
is not a minor application.
MINOR APPLICATION
Any application for a certificate of appropriateness which
does not involve the demolition or removal of a landmark, the addition
to a landmark or the construction of a new building or structure in
an historic district and which, if permitted, will not substantially
create an adverse impact on an existing landmark or within an historic
district.
REPAIR
Any work done on an historic site which is not an alteration,
addition or the construction of a new building or structure.
SIGN
Any letter, symbol, pictorial representation, flag or emblem
or combination of these, illuminated or not, which is intended to
be seen from the outside of a building and which is designed to convey
a message of the public concerning the identification of the premises
or to advertise the interest of any private or public firm, person
or organization. This includes all signs other than public information
or directional signs.
SIGNIFICANT FEATURE
Any feature, natural, architectural, structural, historical
or decorative, which adds to the historic interest or appreciation
of the site or building in more than a nominal fashion or which provides
a focal point for attention.
STRUCTURE
Combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
a. The Historic Preservation District shall consist of all the lands
and premises with the Village designated as "Vincentown" west of U.S.
Route 206 in Southampton Township.
b. Included within the jurisdiction of the commission is the following
designated historic landmark:
1. The Iron Bridge on Hilliards Bridge Road.
a. Responsibilities. There is hereby created an historic preservation
commission in order to carry out the responsibilities set forth in
this Historic Preservation Ordinance and in N.J.S.A. 40:55D-108 through
40:55D-111, inclusive.
b. Membership. The commission shall consist of five regular members
and two alternate members. The members shall be divided into three
classes as follows:
1. Class A: A person who is knowledgeable in building design and construction
or architectural history and who may reside outside of Southampton
Township.
2. Class B: Two persons who are knowledgeable or have a demonstrated
interest in local history and who may reside outside of Southampton
Township.
3. Class C: Citizens of Southampton Township who shall hold no other
municipal office, position or employment except for membership on
the township's planning board or zoning board of adjustment.
c. Appointment and terms.
1. The members of the commission shall serve without compensation. The
Mayor shall appoint all regular and alternate members of the commission
and shall designate at the time of appointment the regular members
by class and the alternate members as "Alternate No. 1" and "Alternate
No. 2."
2. The Mayor prior to making the appointment of the seven members to
the commission, shall elicit recommendations for membership from the
Southampton Historical Society, the general public and other interested
individuals or groups. At least two of the five members shall be property
owners in the historic district.
3. The initial appointments of each new regular member shall be for
the periods of two years (Class A), three years (Class B) and four
years (Class C).
Thereafter, the term of a regular member shall be four years
and the term of an alternate member shall be two years. A vacancy
occurring other than by expiration of term shall be filled for the
unexpired term only. A term of a planning board member or a zoning
board member shall not extend beyond the term of such member on the
planning board or zoning board. Vacancies shall be filled in the same
manner as the original appointment and shall be only for the balance
of the unexpired term.
4. Alternate members may participate in discussion of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
d. Conflicts of interest and removal. No member may act on any matter
in which the member has any personal or financial interest, either
directly or indirectly. A member may be removed by the Township Committee
for cause. Prior to such removal, the Township Committee shall conduct
a hearing if so requested, in writing, by the member within 10 days
of notice of intention to remove.
e. Officers, staff and expenditures.
1. The commission shall elect a chairperson and vice chairperson from
its members and select a secretary, who may or may not be a member
of the commission or a municipal employee, to keep a record of the
proceedings before the commission, which shall include the voting
records of the members, their attendance, resolutions acted upon by
the commission and any of its findings, determinations and decisions.
The commission shall be governed by Robert's Rules of Order.
At least four members of the commission shall constitute a quorum
for the transaction of its business. The commission shall adopt rules
for the transaction of its business, which shall provide for the time
and place of holding regular meetings and for the calling of special
meetings by the chairperson or at least three members of the commission.
All meetings of the commission shall be governed by the New Jersey
Open Public Meetings Act.
2. The Township Committee shall provide for the commission in its budget
and shall appropriate such funds for the expenses of the commission
as the Township Committee, in its sole discretion, shall determine
pursuant to N.J.S.A. 40:55D-108. The commission may employ, contract
for and fix the compensation of experts and other staff and services
as it shall deem necessary except that the commission shall obtain
its legal counsel from the township solicitor at the hourly rate of
compensation set forth in the township solicitor's contract with
the municipality. Expenditures pursuant to this subsection shall not
exceed, exclusive of gifts or grants, the amount appropriated by the
Township Committee for the commission's use.
f. Powers of the Commission. The commission shall have the power to:
1. Make recommendations to the appropriate individuals and/or reviewing boards on pending development applications which affect historic sites through the issuance or denial of certificates of appropriateness, pursuant to Subsection
2-10.6.
2. Recommend as circumstances warrant, amendments to the list of landmarks
specified on the community's facility plan, amendments to the
historic district map or the creation of new historic districts to
the appropriate governmental body charged with the responsibility
of implementing those recommendations.
3. Report at least annually to the planning board and the Township Committee
on the state of historic preservation in Southampton Township and
make recommendations to improve it.
4. Collect and disseminate material on the importance of historic preservation
and techniques for achieving the same.
5. Advise all township agencies regarding goals and techniques of historic
preservation.
6. Adopt and promulgate such regulations and procedures, not inconsistent
with this section, as are necessary and proper for the effective and
efficient performance of the duties expressed herein.
a. Required. A certificate of appropriateness, issued by the commission,
shall be required before the issuance of a building, demolition or
sign permit and before the commencement of work at an historic site
where the permit or work involves any of the following activities:
1. Demolition or relocation involving an historic site.
2. An addition or alteration to an historic site which changes its appearance.
3. New construction at an historic site.
4. Erection, alteration, location, relocation, construction, reconstruction,
maintenance or change to any sign located on an historic site.
b. Exceptions. A certificate of appropriateness shall not be required
for the following activities at an historic site:
1. The repainting, repair or replacement of an historic site which is
an exact duplication of existing conditions using the same or substantially
similar materials.
2. The repainting of an historic site to a color which has previously
been approved by the commission at an historic site.
a. Application. Prior to the issuance of a building, demolition or sign permit or the commencement of work involving any of the activities regulated under Subsection
2-10.6 the person charged with the issuance of such permit shall determine whether approval by the commission is required. If such approval is required, a property owner or an applicant for a permit shall make application to the commission, on forms approved by it, for a certificate of appropriateness. The property owner or applicant for a permit shall file a properly completed application and pay all appropriate fees to the administrative officer. The administrative officer shall schedule consideration of the matter at the next available commission meeting, which shall be no earlier than 10 days nor later than 30 days after the date of a complete application is submitted.
c. Classification.
1. The administrative officer shall classify the application as either
major or minor, in accordance with the following guidelines:
(a)
If the application describes activities which will substantially
affect the characteristics of an historic site, the application shall
be deemed major. If major in nature, the applicant shall submit a
full application form, including architectural drawings and plans,
photographs, sign designs and other information required to be submitted
under the regulations adopted by the commission.
(b)
If the activities described within the application will not
substantially affect an historic site, then the administrative officer
shall classify the application as minor. Minor applications shall
not require the presentation of additional documentation.
2. Minor applications shall be acted upon by the commission during the
meeting at which it is initially considered. If the application is
determined to be a major application, the administrative officer shall
return the application form and the fees paid to the applicant with
instructions to resubmit the application with all required supporting
documentation prior to further consideration of the application. Upon
resubmission of the application accompanied by all supporting documentation
required for a major application, the administrative officer shall,
within 10 days of the receipt of the resubmission, determine whether
or not the application is complete as filed. If the application is
incomplete, the administrative officer shall reject its submission,
advising the applicant of that which is needed to make it complete.
If the application is complete, the administrative officer shall schedule
consideration of the application at the next available commission
meeting, not later than 30 days after receipt of the complete application,
during which the matter may be considered.
3. The commission shall have 45 days from the date of submission or
resubmission of a complete application to act upon that application.
If the commission does not act upon the application within the time
period provided, the application shall be deemed to have been approved
and the certificate of appropriateness granted without condition.
The time periods provided may be extended by mutual agreement between
the applicant and the commission.
4. The commission may either approve the application as submitted, deny
the application as inconsistent with the standards contained within
this section or approve the application with conditions which the
commission finds are appropriate to impose to carry out the intent
and purpose of this section. The action of the commission on any application
shall be done by written resolution setting forth the findings of
fact and conclusions of law upon which its decision rests, and the
commission shall issue, not issue or conditionally issue the certificate
of appropriateness as may be determined.
d. Sign application. Any person seeking a building permit to construct,
alter, repair, move or demolish a sign on an historic site shall be
required to receive a certificate of appropriateness from the commission.
The administrative officer shall review all preapplication forms involving
signs with the criteria used in this section, and classify them accordingly,
with the same provisions applying.
a. If an application is approved, the commission shall issue a certificate
of appropriateness and provide the applicant with a certified copy
of the resolution. If disapproved, the commission shall notify the
applicant, in writing, of the resolution and provide the applicant
with a certified copy.
b. In the event that an applicant alleges that compliance with the requirements
of this section would create an unreasonable hardship and that the
nature of the application is such that the change sought neither justifies
the time and expense of the plenary proceeding nor will impact negatively
on the public good nor specifically on the historic qualities sought
to be preserved, the commission, by the affirmative vote of five of
its members, may grant such relief from the requirements of this section
as it deems consistent with the public good and the purposes of this
section.
a. It is the intent of this section that the commission shall encourage
appropriate alterations or repairs to those historic sites which would
be complementary to the original or dominant architectural style in
the historic district and which would enhance rather than detract
from the structure's predominant appearance. This work shall
also be complementary to adjoining structures.
b. It is intended that demolition of these structures shall be discouraged
as their loss will be a common loss to the Township of Southampton
and the neighborhood. Moving an historic site would be encouraged
only as the last resort as an alternative to demolition, if there
is no other way to save the historic site.
c. It is also the intent of this section that the commission shall review
plans for new construction so that this construction is compatible
with existing structures in the neighborhood. It is not intended that
new construction be a copy of a particular historic period or style,
but rather be compatible in the use of materials, scale, color, size,
design and setback.
d. A certificate of appropriateness shall be approved if the commission
specifically finds that the applicant cannot otherwise reasonably
use the property for a use permitted in the Zoning Ordinance.
a. In regard to an application to demolish an historic site, the following
matters shall be considered:
1. Its historic, architectural and social significance.
2. Its potential for use for those purposes currently permitted by the
Zoning Ordinance.
3. Its importance to the township and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
4. The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty.
5. The extent to which its retention would promote the general welfare
by maintaining and increasing real estate values; generating business;
creating new jobs; attracting tourists, students, writers, historians,
artists and artisans and new residents; encouraging study and interest
in American history; stimulating study in architecture and design;
educating citizens in American culture and heritage; or making the
township a more attractive and desirable place in which to live.
6. If it is within an historic district, the probable impact of its
removal upon the ambiance of the historic district.
7. The health and safety of the public.
b. If a property owner shows the commission that an historic site is
incapable of earning economic return on its value, as appraised by
a qualified real estate appraiser, the commission may delay issuance
of the demolition permit for a period of time not to exceed six months.
The commission shall have the right to obtain its own appraisal at
the expense of the applicant. Notice of the proposed demolition shall
be posted on the premises of the building or structure in a location
clearly visible from the street.
c. The purpose of this section is to further the purposes of this section
by preserving historic buildings and to afford the township, interested
persons and historical societies or organizations the opportunity
to acquire or to arrange for the preservation of such buildings. The
commission may at any time during such delay approve a certificate
of appropriateness and, at the end of six months, must automatically
approve a certificate of appropriateness, in which event a demolition
permit shall be issued without further delay.
a. In regard to an application to move an historic site to a location
outside the township, the following matters shall be considered:
1. The historic loss to the site of the original location and the district
as a whole.
2. The compelling reasons for not retaining the historic site at its
present location.
3. The proximity of the proposed new location at the township, including
the accessibility to the residents of the township and other citizens.
4. The probability of significant damage to the historic site.
5. The applicable matters listed in Subsection 2-10.10.
b. In regard to an application to move an historic site to a new location
within the township, the following matters shall be considered in
addition to the matters listed in paragraph a. above.
1. The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the intent and purposes
of this section.
2. If the proposed new location remains or is moved within the historic
district, the visual compatibility factors shall follow those outlined
in Subsection 2-10.14b.
In regard to an application for approval of other proposed changes
as set forth in requiring a certificate of appropriateness, the following
matters shall be considered:
a. The impact of the proposed change on its historic architectural character.
b. The extent to which there would be involvement of textures or materials
that could not be reproduced or only with great difficulty.
c. The use of any historic site involved.
a. If the cost of compliance with the requirements of this section increases
the cost of the work proposed to be done, the applicant may apply
to the Township Committee for financial assistance for such excess
costs. Such financial assistance may be in the form of a grant of
all or part of the excess costs of a no-interest or low-interest loan
for all or part of such excess costs.
b. Factors to be considered by the committee in granting or denying
such application shall include:
1. The degree of financial hardship created by the mandated improvements.
2. The value of the property after completion of the originally proposed
improvements and the value of the property after completion of the
mandated improvements.
3. The relevance of the mandated improvements to the originally proposed
improvements.
4. The value of the mandated improvements to the originally proposed
improvements.
5. The availability of funds.
6. Such other factors as the committee deems appropriate.
General review criteria and visual compatibility factors. In
assessing the effect of any proposed change under an application for
an historic site, the following general review criteria found in the
Secretary of the Interior's Standards for Rehabilitation and
the following visual compatibility factors shall be used to analyze
the effect that the change applied for would have on the historic
site and on those structures to which the historic site is visually
related.
a. General review criteria.
1. Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure or site and its environment or to use a property for its
originally intended purpose.
2. The distinguishing original qualities or character of a building
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material of distinctive architectural
features should be avoided when possible.
3. All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and that
seek to create an earlier or newer appearance shall be discouraged.
4. Changes that may have taken place in the course of time are evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right, and this significance may be recognized.
5. Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
6. Deteriorated architectural features shall be repaired rather than
replaced, whenever possible. In the event that replacement is necessary,
the new materials should match the material being replaced in design,
color, texture and other visual qualities. Repair or replacement of
missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting or other cleaning methods that will damage
the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archaeological
resources affected by or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
10.
Whenever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
b. Visual compatibility factors.
1. The height of the proposed building shall be visually compatible
with adjacent buildings.
2. Proportion of building's front facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with buildings and places to which it is visually
related.
3. Proportion of openings within the facility. The relationship of the
width of windows to the height of windows in a building shall be visually
compatible with the buildings and places to which it is visually related.
4. Rhythm of solids to voids on fronting of public places. The relationship
of solids to voids in such facades of a building shall be visually
compatible with the buildings and places to which they are visually
related.
5. Rhythm of spacing of buildings on streets. The relationship of the
building on the open space between it and adjoining buildings shall
be visually compatible with the buildings and places to which it is
visually related.
6. Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with the buildings and places to which it is visually related.
7. Relationship of materials, texture and color of the facade and roof
of a building shall be visually compatible with the predominant materials
used in the buildings to which it is visually related.
8. The roof shape of a building shall be visually compatible with buildings
to which it is visually related.
9. Appurtenances of a building, such as a wall, open-type fencing and
evergreen landscape masses, shall form cohesive walls of enclosure
along a street, to the extent necessary to maintain visual compatibility
of the building with the buildings and places to which it is visually
related.
10.
The size of a building, the mass of a building in relation to
open spaces, the windows, door openings, porches and balconies shall
be visually compatible with the buildings and places to which it is
visually related.
11.
A building shall be visually compatible with buildings and places
to which it is visually related in its directional character, whether
this be vertical character, horizontal character or nondirectional
character.
The commission will review sign applications with the requirements
and review standards applicable to signs in the Southampton Township
Land Use and Zoning Ordinance and with the following sign review criteria:
a. Compatibility. The size, shape and character of the sign shall be
in keeping with the historic character of the historic district and
of the historic site on which the sign is located. Good signage could
create an effective depiction of goods, items or services and should
relate to its surroundings in an inoffensive and constructive way.
b. Visual quality.
1. The signage for a particular building or shop should be reduced to
the fewest separate panels or statements as possible.
2. Most buildings are designed with a definite panel or framed zone
for the sign mounting. This should be used with the sign taking a
complementary shape.
3. Signs on buildings should not obliterate or obscure the architecture
of the building. A sign on a building should be compatible or integral
with it.
4. Obsolete signage from defunct activities should be removed unless
it is an integral part of the building's original architecture.
5. Each business, office or shop should rely on one or at the most two
letter styles to enhance readability as well as to create a more dependable
logo for the business.
6. The usage of self-illuminated signs shall be restricted as such signs
are less appropriate to the basic architectural and historical character
of Southampton's Historic District.
7. Signs shall be installed so as to be flush with the exterior wall
of the historic site.
c. Sign maintenance. To bring signage within the historic district into
a complementary and unified format, the maintenance of a sign within
the historic district, whether existing prior to the effective date
of this section or otherwise, shall require the issuance of a certificate
of appropriateness under the standards of this section. Owners of
signs in existence on the effective date of this section shall apply
for and obtain a certificate of appropriateness for their respective
signs within two years of the effective date of this section or their
right to continue maintenance of the sign shall terminate.
d. Interior signs. Interior signs which are intended to be viewed from
the outside of the building or structure shall conform to the requirements
of this section, in so far as they are applicants.
a. Issuance of the certificate of appropriateness shall be binding upon
the person charged with the issuing of the building, demolition or
sign permit in accordance with the provisions of N.J.S.A. 40:55D-111.
b. Appeal.
1. The grant, grant with conditions or denial of certificate of appropriateness
and consequent determination of the person charged with the issuance
of the building, demolition or sign permit may be appealed to the
Zoning Board of Adjustment of the Township of Southampton on the record
produced before the commission in accordance with the provisions of
N.J.S.A. 49:55D-72. The notice requirements set forth in N.J.S.A.
40:55D-12 shall be applicable to all such appeals to the zoning board.
In such appeal, the zoning board shall make independent findings of
fact and may affirm, modify or reverse the decision of the commission.
If the zoning board desires, it can take additional testimony, consider
additional evidence or remand the matter to the commission for further
deliberation.
2. Nothing herein shall be deemed to limit the right of judicial review
of the zoning board's actions after an appeal is concluded by
the zoning board of adjustment.
a. Any person who undertakes an activity regulated by this section without
first having obtained a certificate of appropriateness shall be in
violation of this section. Prior to prosecution for such a violation,
the construction official shall serve upon the owner notice of the
violation describing in detail its nature and the action which the
owner must take to abate the violation. If the owner cannot be personally
served with the notice, a copy shall be posted on the site and a copy
shall be sent, by certified mail, return receipt requested, to the
owner at his last known address as it appears on the township tax
rolls. In the event that the violation described within the notice
is not abated within the time provided within such notice, the owner
shall be deemed in violation of this section and shall be subject
to prosecution before the Municipal Court of the Township of Southampton.
b. Any person who violates the provisions of this section shall be subject
to a fine not exceeding $1,000, at the discretion of the Judge of
the Municipal Court of the Township of Southampton. Each day that
a violation of this section occurs or continues after the time period
for abatement has run shall be a separate violation under this section.
In addition, the Township of Southampton may apply to the Superior
Court of New Jersey for injunctive relief to prohibit a violation
of this section.
When emergency repairs are required, the construction official
shall notify the chairperson of the commission or his designee, and
a recommendation concerning the emergency repairs shall be made within
48 hours. The construction official may allow temporary repairs to
an historic site prior to the commission's review when these
repairs are necessary for the building's occupancy or for public
safety. Such emergency repairs shall be made to conform to the provisions
of this section within 90 days.
a. To assure the continued useful life of historic sites within Southampton the Township Committee hereby declares that maintenance is a high township priority. It is the intent of this section to complement the township's property maintenance code, both of which establish minimum maintenance standards to protect the public health, safety and welfare in all existing township structures. In furtherance of this purpose, historic sites shall be maintained free of outstanding maintenance code violations and maintained in accordance with the standards of Subsection
2-13.14 et seq., above.
b. In the event that any historic site deteriorates to the point that,
in the opinion of the construction official, the cost of correcting
the outstanding violations of the property and implementing the standards
set forth in subsection, 2-13.14 et seq., of this section exceeds
15% of the cost of replacing the entire site in which the violations
occur, the construction official shall serve personally or by certified
mail, return receipt requested, a notice to the owner of the historic
site listing the violations, the estimated cost for their abatement
and the replacement cost of the structure. If the owner does not take
all necessary remedial action within 90 days or such extensions as
the construction official grants, the township may, after such 90
days or any extensions thereof, center upon the property and abate
such violations itself and cause the cost to become a lien on the
property.
c. Upon reviewing the notice, the owners shall correct the violations
as listed by the construction official or may, within 10 days, notify
the construction official of his wish to have a formal hearing with
the commission as to the allegations and estimates set forth in the
notice.
d. If the owner does not request a hearing, the notice shall constitute
an order to abate. If a hearing is requested, the administrative officer
shall set a time and place for such hearing and shall notify the applicant
by written notice. The construction official shall, within 10 days
of the hearing, serve the owner, with a written statement setting
forth the commission's findings and conclusions. If under these
findings and conclusions abatement is required, the date of the statement
shall commence the time period for action as set forth in paragraph
b. above.
e. Thereafter if the owner does not comply, the township may enter into
the premises and by use of township labor or outside contractors,
or both, perform such work as is necessary to abate all cited violations.
The township shall then certify the cost of such work, plus all administrative,
clerical and legal costs and overhead attributable to the work. The
Township Committee may, by resolution, vote to cause the sum so certified
to become a lien upon the property, payable with the next quarter's
property taxes and, if not paid then, bearing interest at the same
rate and collectible in the same manner as delinquent taxes.
The office of Township Administrator in and for the Township
of Southampton is hereby created pursuant to N.J.S.A. 40A:9-136, et
seq.
a. The administrator shall be appointed by the Township Committee, pursuant
to N.J.S.A. 40A:9-137.
b. The administrator shall serve at the pleasure of the committee; provided,
that he may be removed at any time by 2/3 vote, on motion of any committee
person. The resolution of removal shall become effective three months
after its adoption, unless it is given immediate effect. In that case
the committee shall cause to be paid to the administrator forthwith,
any unpaid balance of his salary and his salary for the next three
calendar months following adoption of the resolution.
c. The administrator may designate an acting administrator to perform
the duties of the office during his absence or disability of less
than 30 days. Should he not do so, the committee shall make the appointment.
d. On removal or resignation of the administrator, the committee shall
appoint an acting administrator to serve for 90 days or until an administrator
is appointed pursuant to paragraph a. above, whichever is sooner.
The administrator shall be paid a salary fixed and adopted by
the committee in the annual Salary Ordinance. He shall receive no
additional compensation for other positions whose titles he may hold,
but shall be reimbursed for all necessary expenses incurred in the
performance of his office. If the committee by resolution increases
the compensation of the acting administrator during his tenure, such
increased compensation shall not exceed the minimum salary ordinance
for the position of administrator.
a. The administrator shall be appointed on the basis of his executive
and administrative qualifications. Previous responsible, successful
experience in local government and possession of a degree in public
administration and municipal management shall be preferred.
b. The administrator shall preferably be a resident of the township
or the State at the time of his appointment, and may reside outside
the township only with approval of the committee.
a. The administrator shall be the chief administrative officer of the
township, responsible to the committee for the administration of all
township affairs, and with the following powers and duties. The administrator
shall:
1. Direct and supervise the administration of all departments, offices
and agencies of the township, except as otherwise provided by law.
2. Recommend to the committee the appointment and, when necessary for
the good of the service, suspension or removal of department heads
and all other employees except the Township Clerk, Deputy Clerk, the
attorney and personnel appointed by them.
3. Develop and administer a comprehensive personnel program when approved
by the committee.
4. Attend all meetings for the committee with the right to take part
in discussion but not to vote.
5. See that all laws, and all acts of the committee subject to enforcement
by him or by officers and employees subject to his direction and supervision
are faithfully executed.
6. Assist in the preparation of the annual budget and capital program
and make appropriate recommendations to the Township Committee.
7. Submit to the committee and make available to the public a complete
report on administrative activities of the township as of the end
of each fiscal year.
8. Make such other reports as the committee may require concerning the
operation of the township.
9. Keep the committee fully advised as to the current and future needs
of the township and make such recommendations concerning the affairs
of the township as he deems advisable.
10. Implement a purchasing system, and supervise and control all purchasing
by the township in conformance with the law.
11. Perform such other duties as may be required by the Township Committee
and perform those duties set forth in the job description established
for the Township Administrator position, which may be modified from
time to time by resolution of the Township Committee.
b. Except for the purpose of inquiry, the committee and its members
shall deal with the administrative staff only through the administrator,
and shall not give orders or direction to any township employee except
through him.
If a mortgagee, servicing organization or property tax processing
organization requests a duplicate copy of a tax bill, the tax collector
shall issue a duplicate copy and shall charge a maximum of $5 for
the first duplicate copy and a maximum $25 for each subsequent duplicate
copy of the same tax bill in the same tax year.
[Amended 5-20-2014 by Ord. No. 2014-10]
Fees for certified copies and certifications provided by the
Registrar of Vital Statistics shall be as follows:
a. For the first certified copy of a death, marriage or birth certificate,
the Registrar of Vital Statistics shall collect a fee of $25. For
each additional certified copy ordered at the same time, the Registrar
shall collect $2 per copy, purchased at the time of the first certified
copy.
b. The fees for all certified copies and certifications of vital records
that are obtained by overnight delivery which are considered to be
priority returns shall be $25 for the first certified copy and $2
for each additional certified copy, purchased at the time of the first
certified copy, and an additional priority processing fee of $25 at
the time of this service.
c. The fees for all amendments and corrections made to vital records
shall be $50.
This section is enacted pursuant to the Interlocal Services
Act (N.J.S.A. 40:8A-1 et seq.) to authorize the Township of Southampton
to enter into a contract pursuant to the Act in order to obtain the
services of the animal shelter facility constructed, maintained and
operated by the County of Burlington, in the exercise of the township's
powers and duties set forth in N.J.S.A. 40:48-1(11) and N.J.S.A. 4:19-1
et seq.
Southampton Township shall enter into said contract with the
Board of Chosen Freeholders of the County of Burlington, which contract
will provide for animal shelter services for the township at that
facility. The Mayor and clerk of the township are hereby authorized
and directed to execute such an agreement on behalf of the township.
There is hereby created in the township a local board of assistance
and the position of administrative officer of the local assistance
board for the purpose of administering a program of temporary relief
for eligible residents of Southampton Township, in accordance with
the statutes, rules and regulations of the State of New Jersey.
a. Appointing authority. The local assistance board shall be appointed
by the Mayor for a four-year term.
b. Powers. The local assistance board hereby created is a local assistance
board as contemplated and provided for by the General Public Assistance
Law, N.J.S.A. 44:8-108 et seq., and shall have and exercise all of
the powers and duties provided for by the General Public Assistance
Law and any other statutes heretofore or hereafter enacted and applicable
thereto.
The administrative officer shall be appointed by the local assistance
board and shall perform such duties in welfare matters and related
programs as shall be assigned by the local assistance board, including
clerical and other duties, to expedite and coordinate the work of
the board.
When used in this section, the following words shall be defined
as follows:
CANDIDATE
Any individual seeking election to a public office at the
Federal, State, county, municipal or school district levels, or election
to a political organization.
CONTRIBUTION
Includes all loans and transfers of money or other thing
of value to or by any candidate, elected official or political organization
and all pledges or other commitments or assumptions of liability to
make any such transfer. Contributions shall be deemed to have been
made upon the date when such commitment is made or liability assumed.
MUNICIPALITY
The Township of Southampton and any office, department, board,
commission or agency thereof.
POLITICAL ORGANIZATION
Any two or more persons acting jointly, or any corporation,
partnership or any other incorporated or unincorporated association
which is organized to, or does, aid or promote the nomination, election
or defeat of any candidate or candidates for Federal, State, county,
municipal or school board office. "Political organization" includes,
but is not limited to, organizations otherwise defined as a "political
committee," "joint candidates committee," or "legislative leadership
committee."
PROPERTY OF THE MUNICIPALITY
Buildings, land, vehicles, phones, fax machines, computers
or other office equipment or supplies and other real or personal property
owned, leased or controlled by the municipality, except for public
roads and open parkland.
SOLICIT
To seek by oral or written communication a contribution as
same is defined herein.
a. Prohibition against soliciting or accepting political contributions
on or by use of property of the municipality. No municipal elected
official, officer or employee may solicit, commit to pay, or receive
payment of or a commitment to pay any contribution for any candidate,
elected official or political organization while in or on the property
of the municipality or utilizing the property of the municipality.
b. Prohibited forms of fundraising. Prohibited forms of fundraising
shall include but are not limited to:
1. Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
2. Soliciting or accepting contributions using personal telephones while
on the property of the municipality.
3. Soliciting or accepting contributions through the use of publicly
owned computers or privately owned personal computers while on the
property of the municipality.
4. Using municipal letterhead to solicit or accept contributions.
5. Sending correspondence that solicits contributions from or by use
of property of the municipality.
6. Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the municipality.
7. Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
c. Reporting requirements. It shall be the responsibility of any elected
official, officer or employee who observes any prohibited forms of
fundraising to report such conduct to the municipal prosecutor and
the Municipal Clerk, who shall in turn report same to the governing
body.
d. Whistleblower provision. It shall be unlawful for any officer or
employee to be dismissed, reprimanded, retaliated against or otherwise
intimidated for complying with the reporting requirements mandated
by this section.
Violation of any provision of this section shall be punished
by a period of community service not exceeding 90 days, a fine not
exceeding $1,000, or both.
It is the purpose of this section that, notwithstanding that
professional services contracts and certain other contracts for goods
and services are exempt from the competitive bidding requirements
of the Local Public Contracts Law, N.J.S.A. 40A: 11-1 et seq., the
Township Committee deems it appropriate, and consistent with the provisions
of recently enacted New Jersey Legislation, now codified at N.J.S.A.
19:44A-20.1 et seq., to henceforth award such contracts through a
competitive, quality-based, fair and open process, unless a specific
determination to the contrary is made by the Township Administrator
or Township Committee.
The Township of Southampton, or any agency or instrumentality
thereof, shall not enter into a contract, including a professional
services contract, or such other contract which is exempt from public
bidding requirements, having an anticipated value in excess of $17,500
as determined by the municipality, agency or instrumentality, with
a business entity, except through a contract that is awarded pursuant
to a fair and open process if, during the proceeding one-year period,
that business entity has made a contribution that is reportable by
the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee
of a political party in that municipality if a member of that political
party is serving in an elective public office of that municipality
when the contract is awarded or to any candidate committee of any
person serving in an elected public office of that municipality when
the contract is awarded. The fair and open process shall be quality-based,
and shall be as follows:
a. Professional services may be awarded by virtue of a publicly advertised
Request for Qualifications ("RFQ") and/or Request for Proposals ("RFP")
which will be issued as one document for those appointments which
are made on an annual basis, such as, but not limited to, the positions
of: Township Attorney, Township Engineer, township planner, planning
board attorney, planning board engineer, zoning board attorney, zoning
board engineer and such similar statutory and/or ordinance public
positions.
b. For said positions, no contract shall be awarded, unless and until
the positions are:
1. Publicly advertised in newspapers or on the internet website maintained
by the township in sufficient time to give notice in advance of the
solicitation for the contracts;
2. Awarded under a process that provides for public solicitation of
proposals and qualifications including experience and quality of services;
3. Awarded and disclosed under criteria established in writing by the
Township of Southampton prior to the solicitation of proposals or
qualifications as set forth in this section; and
4. Publicly announced when awarded; and as to those RFQ's and RFP's
which prove to be unsuccessful, the Municipal Clerk shall retain a
copy of same on file for a period of not less than 60 days.
c. For contracts which arise on an occasional basis, such as appraisals
needed for the acquisition of land and/or open space, as well as title
searches, surveying, and similar work associated with same; and comparable
assignments, such planning services needed for Master Plan updates,
appraisals, special counsel, special project engineer contracts, etc.,
professional services contracts may be awarded without following the
foregoing provisions, so long as: (1) the anticipated value does not
exceed the $17,500 threshold set forth above, and (2), the Township
Administrator makes every effort to solicit at least two proposals
for said work.
A departmental review committee shall be established by the
Township Administrator, consisting of not less than two persons (which
may include the administrator) to prepare, process and evaluate any
RFQ and/or RFP issued pursuant to the professional services contracting
procedures set forth above. Each departmental review committee must
prepare, prior to a request for proposals, a written cost estimate
in order to allow for proper evaluation of the fee aspect of proposals.
Moreover, said committee shall evaluate the respective qualifications
and/or proposals, taking into consideration the designated qualifications
and/or performance criteria, experience, reputation of vendor, quality
of services, quoted fee and other relevant factors in making a recommendation
of award to the Township Administrator, and Township Committee; and
the Township Administrator may, in his/her sole discretion, conduct
negotiations with qualified vendors after receipt of proposals, in
order to achieve the best possible contract terms and conditions for
the township and its taxpayers. No contract shall be awarded, however,
unless same is authorized by resolution duly adopted in public session
by the Township Committee.
In circumstances where the Township Committee or Township Administrator
determine that the use of the RFP process is not appropriate, such
as, but not limited to, agreements with public utilities, the administrator
shall use his best efforts to obtain at least two quotations for the
work and shall require the contractor to fully comply with the provisions
N.J.S.A. 19:44A:20.2 et seq., N.J.S.A. 19:44A-22 and related statutes.
Notwithstanding the foregoing, the Township Committee recognizes
that the New Jersey Legislature has provided for the occurrence of
certain emergencies, and further recognizes that, therefore, the procedure
outlined above, might not be capable of being achieved in the event
of an emergency or similar time constraints. Thus, should a situation
arise, and time does not permit resort to this procedure, and the
immediate performance of services is necessary, then an award for
same may be made in accordance with the provisions of the Local Public
Contracts Law relating to emergency contracts, and such rules and
regulations as may be promulgated, from time to time, by the Township
Committee with regard to same. No such emergency contracts, however,
may be awarded without submission to the Township Clerk of a certification
establishing a basis for the deviation from the procedures outlined
herein.
[Ord. No. 2007-10]
a. Any person seeking the reproduction of public records, documents
or other information as contemplated by this section shall submit
his or her request, in writing, on a form prescribed by the Township
Clerk, who is hereby designated as the custodian of records in accordance
with N.J.S.A. 47:1A-1.1. All requests shall be handled in accordance
with N.J.S.A. 47:1A-1 et seq.
b. Prior to commencing with the reproduction of said public records,
and/or documents, the Township Clerk shall first estimate the number
of pages or other formats involved and provide the requesting party
with a written estimate of the costs of reproduction. No copying of
any document shall be undertaken without the requesting party first
having provided by check or cash, the funds so estimated as necessary
for that reproduction. In the event that the photocopying or other
reproduction charges exceed the amount estimated, the requesting party
shall be required to pay the difference. Applicable postage shall
be added for any and all records requested by mail.
c. Time for compliance. Unless a shorter time period is otherwise provided
by statute, regulation or executive order, the Clerk shall grant access
to a government record or deny a request for access to a record as
soon as possible, but not later than seven business days after receiving
the request on the Township's Official Open Public Records Act
form, provided that the record is currently available and not in storage
or archived. In the event that the Clerk fails to respond within seven
business days after receiving a request, the failure to respond shall
be deemed a denial of the request, unless the requestor has elected
not to provide a name, address or telephone number or other means
of contacting the requestor. If the requestor has elected not to provide
name, address or telephone number or other means of contacting the
requestor, the Clerk shall not be required to respond until the requestor
reappears before the Clerk seeking a response to the original request.
If the government record is in storage or archived, the requestor
shall be so advised within seven business days after the Clerk receives
the request. The requestor shall be advised by the Clerk when the
record can be made available. If the record is not made available
by that time, access shall be deemed denied.
d. Appeals procedure. The Clerk shall post prominently in public view,
in or adjacent to the Clerk's office, a statement that sets forth
in clear, concise and specific terms the right to appeal a denial
of or failure to provide access to a government record and the procedures
by which an appeal may be filed.
The Township, except as otherwise provided by law or regulation,
shall be entitled to charge and collect a fee for the reproduction
of copies of public records embodied in the form of printed matter
in accordance with the fees established by the Open Public Records
Act, N.J.S.A. 47:1A-1 et seq., as said fees may be revised by the
State Legislature from time to time. Nevertheless, in circumstances
permitted by N.J.S.A. 47:1A-5c. a Special Service Charge may be assessed.
The Township Administrator shall have such cost noted on the form
utilized for requesting public records and on the Township's
website.
For certain public records where, due to the nature, format,
manner of collation or volume of a government record, the record cannot
be reproduced by ordinary document copying equipment in ordinary business
sizes, the Township shall charge its actual direct cost. In addition,
and in appropriate circumstances, the Township may collect a special
service charge as permitted by N.J.S.A. 47:1A-5c. The special service
charge shall be imposed, on a case by case basis, in addition to the
actual cost of duplicating the record, where the nature, manner of
collation or volume of printed matter is such that it cannot be reproduced
by ordinary document copying equipment in ordinary business size or
where such record involves an extraordinary expenditure of time and
effort to accommodate the request. The requestor shall have the opportunity
to review and object to the special service charge prior to it being
incurred.
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program ("DCRP") to provide retirement benefits to various
municipal officials.
N.J.S.A. 43:15C-2 requires the governing body of Southampton
Township to adopt an Ordinance to determine the positions that are
substantially similar in nature to the advice and counsel of the Senate
for appointments by the Governor of the State, pursuant to guidelines
or policies that shall be established by the Local Finance Board in
the Department of Community Affairs, and for which officials appointed
to such positions shall be eligible and shall participate in the Defined
Contribution Retirement Program, subject to the provisions of law.
The Township Committee of the Township of Southampton has considered
the guidelines issued by the Local Finance Board.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
eligible and shall participate in the Defined Contribution Retirement
Program:
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C2:
c. Construction Code Official,
e. Registered Municipal Clerk,
f. Licensed Uniform Subcode Inspectors,
g. Principal Public Works Manager.
Notwithstanding the above, individuals who are already enrolled
in a PERS position, may continue their PERS position when appointed
to a DCRP position as long as employment is "continuous" according
to the law.
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulation or guidance
documents from the Local Finance Board or the Division of Pension
and Benefits.
a. An active representative agricultural advisory committee is important
to Southampton Township's efforts to preserve farming as part
of its community by providing assistance to township officials and
residents in general and for farmland owners and farm operators in
particular. The agricultural advisory committee will offer guidance
to the township regarding agricultural activities and methods of preserving
farming activities.
a. Pursuant to N.J.S.A. 4:1C-43.1(b)(2), there is hereby established
an Agricultural Advisory Committee in Southampton Township.
a. The agricultural advisory committee shall be composed of three members,
each member being a resident of Southampton and actively engaged in
farming and owning a portion of the land they farm.
b. Members of the agricultural advisory committee shall be appointed
by the Mayor with the consent of the municipal governing body.
c. The term of the members shall be three years each expiring on December
31st. However, to create staggered terms, the appointments of the
initial members shall be as follows:
|
Member
|
Term
|
---|
|
First member
|
Date of appointment until 12-31-2010
|
|
Second member
|
Date of appointment until 12-31-2011
|
|
Third member
|
Date of appointment until 12-31-2012
|
d. All future appointments shall be for three years, except that vacancies
in unexpired terms shall be filled for the remainder of the unexpired
term. Terms shall always expire on December 31st.
e. Members shall serve without compensation.
f. Members may be removed by a majority vote of the Township Committee
for good cause, including, but not limited to, conduct unbecoming,
failure to attend three consecutive meetings or failing to continue
to meet the requirements of board membership throughout the term.
g. The members shall designate one member to serve as chairman and a
secretary. The chairman shall conduct the meetings. The secretary
shall record the minutes.
h. The committee shall act by a majority vote.
i. Two members shall constitute a quorum.
a. The agricultural advisory committee shall conduct all meetings pursuant
to the Open Public Meetings Act and shall record minutes of the meetings
and file the same with Township Clerk, the planning board secretary,
the County Agricultural Development Board and the State Agricultural
Development Board once approved by the committee.
b. The meeting minutes shall be available for public inspection pursuant
to the Open Public Records Act.
c. The committee shall meet no less than four times per year at the
municipal building to discuss issues relevant to farming activities
in Southampton Township.
d. The committee shall prepare an annual report to submit to the Township
Committee and township planning board recommending changes, if any,
to the township code and/or the Township Master Plan.
e. The committee shall assist the township in carrying out its duties
and responsibilities by informing it of developments in the farming
community that should be considered when using municipal regulatory
and land use powers.
f. The committee shall review and comment on ordinances which impact
the farming community.
g. The committee shall assist the planning board in the development
of a Farmland Preservation Plan Element of the Master Plan and during
master plan reexaminations which assistance will include:
1. Creating and updating an inventory of farm properties and a map illustrating
what the community considers significant areas of agriculture.
2. Preparing a detailed statement showing that agriculture municipal
master plan elements and ordinances support and promote agriculture
as a business.
3. Preparing a plan for preserving farmland.
4. Preparing a statement of agricultural trends including the characterization
of agricultural production in the township.
5. Discussing plans to enhance the agricultural industry in the municipality.
h. The committee shall recommend adjustments and amendments to the Farmland
Preservation and/or Agricultural Retention Master Plan Element and
the list of farms to be included in the easement purchase acquisition
program.
i. Provide community based agricultural education opportunities.
a. No member of the agricultural advisory committee or a member of his
or her immediate family shall sell or apply for selling a development
easement of his or her property or from selling or applying to sell
his or her property in fee simple title pursuant to the Agriculture
Retention and Development Act, N.J.S.A. 4:1C-1 et seq. and/or the
Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 et seq. For
the purpose of this chapter a "member of the immediate family" means
a member's spouse, child, parent, sibling or any other relative
by blood or marriage residing the same household.
[Ord. No. 2012-9]
The positions of Sewer Payment Collector and Deputy Sewer Payment
Collector are hereby established.
The duties are part of the Tax Collector's office and no
salary is budgeted for these positions in 2012 and the same may be
amended by the Township Committee via an annual salary ordinance and/or
resolution.
A Length of Service Award Program ("LOSAP") is herewith established
in accordance with Chapter 388 of the Laws of 1997, to reward volunteer
firefighters and emergency medical service providers within the Hampton
Lakes Fire Company, Hampton Lakes Emergency Squad and Vincent Fire
Company and Vincent Emergency Squad for their loyal, diligent, and
devoted services to the residents of Southampton Township.
The LOSAP shall provide the fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Township pursuant to
P.L. 1997, c. 388; and that such plan shall be administered in accordance
with the laws of the State of New Jersey, the U.S. Internal Revenue
Code, and this section.
The LOSAP shall provide for annual contributions, as earned
during the calendar year, to each eligible member that meets the criteria
as follows:
Points Earned
|
Amount Credited
|
---|
100 to 199
|
$200
|
200 to 299
|
$400
|
300 to 399
|
$600
|
400 to 499
|
$800
|
500 or more
|
$1,150
|
a. In accordance with N.J.A.C. 5:30-14.9, the maximum contribution of
$1,150 will be adjusted in accordance with the Consumer Price Index
as determined by the Director of the Division of Local Government
Services with the State of New Jersey Department of Community Affairs.
b. Points will be awarded in the following manner:
1. Fire Company volunteers:
|
Response to fire/emergency call:
|
2 points per call
|
|
Meeting attendance:
|
2 points per meeting
|
|
Drill participation:
|
2 points per drill
|
|
Other activities:
|
5 points per activity
|
2. Emergency Medical Services volunteers:
|
Duty crew:
|
5 points per duty
|
|
Response to emergency call:
|
2 points per call
|
|
Meeting attendance:
|
2 points per meeting
|
|
Training participation:
|
2 points per session
|
|
Other activities:
|
5 points per activity
|
3. Officers shall be awarded an additional 50 points for each full year
of service in their office. No member may be awarded more than 50
points for holding more than one office in a given year:
(a)
Fire Brigade Offices: Chief, First Assistant Chief, Second Assistant
Chief, Captain, Fire Police Captain, and Lieutenant.
(b)
Fire Company Offices: President, Vice President, Secretary,
Treasurer, Financial Secretary, and Trustee.
(c)
Emergency Medical Services Offices: Chief, First Assistant Chief,
Second Assistant Chief, Captain and Lieutenant.
4. In order to be eligible to receive a contribution, a volunteer must
obtain at least 100 points in a year. The volunteer must also be an
"active member," which shall mean a firefighter/fire police member
that responds to a combination of 33% of all calls, meetings and drills,
with a minimum of 15% of all fire calls and a minimum of 33% of all
meetings and drills, and an emergency medical services member that
responds to 15% of all calls, attends 25% of all meetings, and participates
in all assigned duty crews.
c. Points will also be awarded for prior years of service. Prior years
of service are determined by the number of years of service prior
to the enactment of this section. Years served after the enactment
of this section are not to be added to the calculation of prior years
of service. The LOSAP shall specifically provide for contributions
as credit for no more than 10 years of prior years of services for
each eligible volunteer in accordance with the following point system
indicated below, which point system shall count towards the overall
number of points required by each volunteer in determining the amount
of award annually:
|
10 years:
|
200 points
|
|
9 years:
|
180 points
|
|
8 years:
|
160 points
|
|
7 years:
|
140 points
|
|
6 years:
|
120 points
|
|
5 years:
|
100 points
|
|
4 years:
|
80 points
|
|
3 years:
|
60 points
|
|
2 years:
|
40 points
|
|
1 year:
|
20 points
|
|
The volunteer must be active and obtain at least 100 points
for active service in order to receive points for prior years of service.
|
d. Volunteers will become vested as follows, following creation of the
plan:
|
First year of service:
|
20% vesting
|
|
Second year of service:
|
40% vesting
|
|
Third year of service:
|
60% vesting
|
|
Fourth year of service:
|
80% vesting
|
|
Fifth year of service:
|
100% vesting
|
The estimated cost of the program has been calculated as approximately
$57,500 per year, which assumes that all potentially active volunteers
will obtain maximum contributions annually.