[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Gibbsboro as Chapter II of the Revised General
Ordinances (Ch. 3 of the 1982 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Administrative Code of the Borough of Gibbsboro" and is herein
referred to as the "code."
A.
Enumeration; terms. There shall be elected in the
Borough a Mayor and six Councilmen, whose terms shall begin at 12:00
noon on January 1 next after their election.
[Amended 12-19-1994 by Ord. No. 94-15]
B.
Vacancies.
[Amended 5-18-1982 by Ord. No. 82-2]
(1)
Mayor or Council, A vacancy occurring in the office
of Mayor or any member of the Council shall be filled in the manner
provided by the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq.
(2)
Other elective offices. All vacancies in elective
offices other than Mayor or members of the Council shall be filled
by nomination by the Mayor and appointment by him by and with the
advice and consent of the Council, expressed by the vote of a majority
of the members of the Council present at the meeting, provided that
at least three affirmative votes shall be required for such purpose,
the Mayor to have no vote thereon except in the case of a tie.
A.
General; term; removal. There shall be appointed a
Borough Clerk, Borough Treasurer, Borough Solicitor, Borough Engineer
and such other officers as the Council may deem necessary. They shall
perform the duties required by law and the ordinances of the Borough.
All of these officers, except the Borough Solicitor and the Borough
Engineer,[1] shall be residents of the Borough, and all of them shall
hold office at the pleasure of the Council. No officer shall be removed
without being afforded an opportunity to be heard. Unless sooner removed,
however, they shall hold office for one year and until their successors
shall have qualified.
[1]
Editor's Note: This exception was confirmed
by Ord. No. 73-6, adopted 6-26-1973.
B.
Method of appointment; vacancies. Except as otherwise
provided by the laws of New Jersey, the Mayor shall nominate and,
with the advice and consent of the Council, appoint all officers directed
to be appointed, including the filling of vacancies for the unexpired
term. The Mayor shall make his nomination within 30 days after the
office becomes vacant. If he fails to nominate within that time or
if the Council fails to confirm a nomination made by the Mayor within
30 days after a nomination has been made, the Council shall appoint
the officers directed to be appointed. No appointment shall be made
except by the vote of a majority of the members of the Council present
at the meeting, provided that at least three affirmative votes shall
be required for that purpose, the Mayor to have no vote thereon except
in case of a tie.
The Mayor shall preside over all meetings of
the Borough Council, but shall not vote except to give the deciding
vote in case of a tie. The Mayor shall see that the laws of the state
and the ordinances of the Borough are faithfully executed and shall
recommend to the Council such measures as he may deem necessary or
expedient for the welfare of the Borough. He shall maintain peace
and good order and shall have the power to suppress all riots and
tumultuous assemblies in the Borough. The Mayor shall have all of
the powers granted by the laws of the State of New Jersey and the
ordinances of the Borough of Gibbsboro.
[Amended 5-18-1982 by Ord. No. 82-2]
A.
Composition. The Mayor and Councilmen of the Borough
shall constitute the Council.
B.
Meetings. The Council shall hold an annual meeting
on January 1 at 12:00 noon or during the first seven days of January
in any year and such other meetings, or adjourned meetings, at such
times and places as it may by resolution direct, but all regular meetings
shall be held within the Borough. The Mayor shall, when necessary,
call special meetings of the Council; in case of his neglect or refusal,
any four members of the Council may call such meeting at such time
and place in the Borough as they may designate, and, in all cases
of special meetings, written notice shall be given to all the members
of the Council, left at their places of residence, or by actual contact
with the members by telephone or otherwise.
C.
Quorum. Three Councilmen and the Mayor or, in the
absence of the Mayor, four Councilmen, shall constitute a quorum for
the transaction of business, but a smaller number may meet and adjourn
from time to time.
D.
President of Council. The Council at its annual meeting
shall, by the vote of a majority of the Council, elect from its number
a President of the Council, who shall preside at all its meetings
when the Mayor does not preside. He shall hold office for one year
and until the next annual meeting. He shall have the right to debate
and vote on all questions before the Council. If the Council at its
annual meeting fails to elect a President, the Mayor shall appoint
the President from the Council, and in that case no confirmation by
the Council shall be necessary.
E.
President or senior member of Council as Acting Mayor.
If the Mayor is absent from the Borough for a period of three days
or for any reason is unable to act, the President of the Council shall
perform all the duties of the Mayor during such absence or inability.
The Mayor, in case of his intended absence from the Borough for more
than three days at any one time, shall notify the President in writing
of the intended absence, whereupon the President shall be and become
Acting Mayor from the receipt of the notice and continue to act until
the Mayor's return. In case the temporary inability of the President
of Council to so act, the member of Council having the longest term
of service may act temporarily for the President of the Council.
F.
Powers of the Council. The Council shall possess all
of the powers granted by or permissible under the laws of the State
of New Jersey.
G.
Rules of procedure. The Council shall provide rules
of procedure by resolution. These rules shall not be inconsistent
with the provisions of this code. Except where the Council provides
otherwise by resolution, the proceedings at all meetings shall be
conducted in accordance with Roberts Rules of Order, revised. The
Borough Solicitor shall be ex officio parliamentarian and shall be
prepared, at the request of any member of the Council, to give his
opinion on any question of procedure.
H.
Attendance at meetings. All regular and special meetings
of the Council shall be open to the public. The Borough Solicitor,
the Clerk and any other Borough officer or employee whose presence
shall be required by resolution of the Council shall attend such meetings.
A.
Procedure for passage; vote required. All Borough
ordinances shall be submitted in writing at a meeting of the Council
and passed at a subsequent meeting. No ordinance shall be finally
passed except by the vote of a majority of the members of the Council
present at the meeting, provided that at least three affirmative votes
shall be required for such purpose. The Mayor shall have no vote except
in the case of a tie.
B.
Publication of ordinances. No ordinance shall be considered
for final adoption until it has been advertised as required by law.
The Borough Clerk shall be responsible for arranging for the advertising
of proposed ordinances.
C.
Ordinances presented to Mayor after passage by Council.
Every ordinance passed by the Council shall, within five days after
its passage, Sundays excepted, be presented to the Mayor by the Borough
Clerk, whose report shall be conclusive evidence that the ordinance
has, in fact, been so presented.
D.
Approval or veto by Mayor. The Mayor shall, within
five days, Sundays excepted, after receiving an ordinance, sign and
file it with the Clerk, which shall denote approval or veto, and return
the ordinance to the Clerk with his objections, if vetoed, in writing.
In the event of a veto, the Council shall, at its next meeting, cause
the objections to be entered at length on its minutes and proceed
to reconsider the ordinance. If any ordinance contains more than one
distinct section, clause or item, the Mayor may approve one or more
thereof and veto the rest.
E.
Passage over veto; vote required. If 2/3 of all the
Councilmen shall at the next meeting, or at any subsequent meeting
to which they shall postpone such reconsideration, vote to pass the
ordinance or the vetoed part over the veto of the Mayor, the ordinance
shall take effect.
A.
Appointment. There shall be a Clerk of the Borough
of Gibbsboro appointed by the Council for a term of one year. Prior
to his appointment the Borough Clerk shall be qualified by training
and experience to perform the duties of his office.
B.
Clerk of Council and committees. The Borough Clerk
shall serve as Clerk of the Council. He shall attend all meetings
of the Council and of any councilmanic committee when required by
the Chairman and shall keep the minutes of the meetings of the Council
and of such committees. The minutes of each meeting of the Council
shall be signed by the officer presiding at the meeting and by the
Clerk.
C.
Ordinances and resolutions.
(1)
The Clerk shall record all ordinances of a permanent
character in books to be provided for that purpose. After each ordinance
he shall also record and certify the proof of publication thereof
as required by law. Each ordinance so recorded shall be signed by
the Mayor and the Clerk, who shall attest that it was duly adopted
upon a date stated, and when so signed the recorded copy shall be
deemed to be a public record of this ordinance. Any omission by the
Clerk or the Mayor to record, sign or certify as herein required shall
not impair or affect the validity of any ordinance which has been
duly adopted.
(2)
At the close of each year the Clerk, with the advice
and assistance of the Borough Solicitor, shall bind, compile or codify
all the ordinances or true copies which then remain in force and effect.
He shall also properly index the record books, compilation or codification
of ordinances. When directed by the Council, codification and supplementation
may be accomplished by contract with a firm engaged in that business.
D.
Custodian of records. The Clerk shall have custody
of and shall safely keep all records, books and documents of the Borough,
except those committed by ordinance to any other office or transferred
thereto by the Council. He shall, upon request and upon the payment
of the fees prescribed therefor by resolution of the Council for the
use of the Borough, furnish a certified copy of any such paper in
his custody under the Corporate Seal of the Borough.
E.
Corporate Seal. The Clerk shall cause the Corporate
Seal of the Borough to be affixed to instruments and writings when
authorized by ordinance or resolution of the Council or when necessary
to exemplify any document or record in his office or to certify any
act or paper which from the records in his office shall appear to
have been a public act of the Borough or a public document. He shall
not affix the Seal or cause or permit it to be affixed to any other
instrument, writing or other paper unless required by law or ordinance.
F.
Insurance; surety bonds; contracts. The Clerk, subject
to the supervision of the Council, shall:
(1)
Be the depository for and custodian of all official
surety bonds furnished by or on account of any officer or employee,
except his own bond which shall be placed in the custody of the Treasurer;
of all insurance policies upon or with respect to risks insured for
the benefit of the Borough or to protect it against any claim, demand
or liability whatsoever; and all formal contracts for work, labor,
services, supplies, equipment and materials to which the Borough may
be a party.
(2)
Be the depository for and custodian of all performance
bonds running to the Borough as obligee or any other form of security
given by any contractor, subdivision developer or other persons on
account of work done or to be done in or for the Borough.
(3)
Have custody of all leases of property owned by the
Borough.
(4)
Report to the Borough Council annually, at such time
as the Council may require, on the coverage, expiration date and premium
of each surety bond and contract of insurance; and the nature and
terms of outstanding leases, the rent reserved by each and their respective
expiration dates.
G.
Administrative rules and regulations; filing and publication.
No rule or general regulation made by any department, officer, agency
or authority of the Borough, except such as relates to the organization
or internal management of the municipal government or a part thereof,
shall take effect until it is filed with the Borough Clerk. The Clerk
shall maintain a current compilation of all such rules and regulations
which shall be available for public inspection in his office during
business hours.
H.
Other laws and ordinances. In addition to such other
functions, powers and duties as may be prescribed by ordinance and
subject to the supervision and direction of the Mayor and Borough
Council, the Clerk shall:
(1)
Perform all of the functions required of Municipal
Clerks by the General Election Law (Title 19 of the Revised Statutes
of New Jersey) and any other law or ordinance.
(2)
Administer the provisions of Borough ordinances with
reference to the licensing of occupations and activities for which
licenses are required by law or ordinance to be obtained from the
Clerk.
(3)
Have such other, different and additional functions,
powers and duties as may be prescribed by law or ordinance or delegated
to him by the Mayor and Borough Council.
[Added 6-22-1976 by Ord. No. 76-3]
Pursuant to N.J.S.A. 40A:9-135, the office of
Deputy Municipal Clerk is hereby created. The term of office shall
be for one year. In the absence or disability of the Municipal Clerk,
the Deputy Municipal Clerk shall have all the powers of the Municipal
Clerk, and he shall perform the functions and duties of such office.
A.
Departments, boards and commissions. There shall be
the following departments, officers, boards and commissions in the
Borough of Gibbsboro:
B.
Powers and duties of department heads. The head of
a department, subject to the code and the approval or direction of
the Council, shall:
(1)
Prescribe the internal organization of the work of
his department.
(2)
Direct and supervise subordinate officers and employees
of the department and make, alter and enforce individual work assignments.
(3)
Approve or disapprove payrolls, bills and claims chargeable
to departmental appropriations.
(4)
Maintain such records of work performance and unit
costs as may be approved or required by the Council.
(5)
Provide such information and reports on the work of
the department as may from time to time be required by the Council.
(6)
Exercise such other or different powers of administrative
supervision and direction as the Council may delegate to him.
A.
Director. There shall be a Department of Finance of
the Borough which shall have jurisdiction over all of the Borough's
financial affairs. The Borough Treasurer shall be the Director of
the Department of Finance.
B.
Division of the Treasury.
(1)
Borough Treasurer. Within the Department of Finance
there shall be a Division of the Treasury, the head of which shall
be the Borough Treasurer. The Collector, when so designated by the
Mayor and Borough Council, shall be the Treasurer of the Borough and
shall serve as such for a term of one year.
(2)
Powers and duties of the Treasurer. The Treasurer
shall have, perform and exercise all of the functions, powers and
duties provided by general law and Borough ordinances. He shall keep
and maintain books and records of all financial transactions of the
Borough in accordance with the standards and requirements of the Division
of Local Finance in the Department of Community Affairs of the State
of New Jersey. He shall have custody of all public moneys of the Borough
and shall make monthly reports to the Mayor and Council of all receipts,
expenditures, commitments and unexpended appropriations. All moneys
received from any source by or on behalf of the Borough or any department,
board, office or agency thereof, except as otherwise provided by Borough
ordinance, shall be paid to the Treasurer who shall, within 48 hours
after receipt, deposit them in the authorized public depository of
the Borough to the credit of the proper account.
(3)
Disbursements. Disbursements in payment of bills and
demands shall be made in the following manner:
(a)
Every claim against the Borough shall be rendered
on a bill form provided by the Borough, duly certified by the claimant
and delivered to the Borough Clerk no later than Tuesday before the
next regular Council meeting. The bill forms shall specify particularly
all details of the claim, and, where possible, all receipts or delivery
slips shall be attached.
[Amended 3-27-1973 by Ord. No. 73-4]
(b)
The Borough Clerk shall present the claim for
certification to an officer or employee of the Borough who has knowledge
of the fact that the goods have been received or the services rendered.
When possible, the officer should be the Chairman of the committee
of the Borough Council responsible for the claim being incurred. In
no event shall the claimant and the certifying officer or employee
be one and the same person.
(c)
The Borough Clerk shall present the claim to
the Budget Committee of the Borough Council for approval by one of
its members. In no event shall the approving member of the Budget
Committee be the same person as the claimant or the certifying officer
or employee.
(d)
The Clerk shall then present the claim to the
Mayor for his approval.
(e)
Any claims disapproved by any of the mentioned
officers shall be referred to the Chairman of the committee responsible
for the claims being incurred.
(f)
The Clerk, after securing the necessary approvals,
shall present the claim at the next regular meeting of the Borough
Council for the Council's consideration. The Council may approve the
same or reject any claim presented to it, stating the reason for rejection.
Any disapproved claim shall be referred back to the Clerk with such
instructions as the Borough Council may give at the time of disapproval.
(g)
It shall be the duty of the Clerk to record
each claim in the official minutes indicating that the Borough Council
has, by formal action, approved it, with appropriate record as to
any claim disapproved or rejected.
(h)
It shall be the duty of the Clerk to indicate
on each claim that it has been approved for payment, with the date
of approval noted on the claim.
(i)
After the Clerk has certified that a claim has been approved, he shall turn it over to the Borough Treasurer, who shall prepare the necessary check for payment. Checks shall be signed as provided in Chapter 10, Checks, Signing of. After preparing checks for the payment of claims, the Treasurer shall distribute the checks to the claimants.[1]
(4)
Travel expenses. Itemized claims supported by receipts,
where available, should be presented in order to obtain reimbursement
for expenses incurred by local officials when authorized to travel
by the Borough. Travel expenses shall be reimbursed only in accordance
with the travel regulations of the Borough.
C.
Division of Tax Collection. Within the Department
of Finance there shall be a Division of Tax Collection, the head of
which shall be the Borough Tax Collector.
(1)
Appointment. Pursuant to N.J.S.A. 40A:9-141, there
shall be appointed a Tax Collector for the Borough of Gibbsboro who
shall hold office and have such duties and responsibilities as set
forth in N.J.S.A. 40A:9-141 et seq.[2]
(2)
Duties. The Tax Collector shall possess all of the
powers and duties established by law. The Collector shall enter in
suitable books to be kept for that purpose the sums received by him
each day for taxes, with the names of the persons on whose account
the same shall have been paid; shall keep a record and account of
the finances of the Borough; and shall, within 60 days after the end
of the fiscal year, or when otherwise required by the Council, make
and furnish a report, with a detailed and true statement of all moneys
received by him and disbursed therefrom and for what purposes, from
the commencement of his official year to the date of his report, or
for such period as the Council may require, and a list of delinquent
taxpayers for the previous year. He shall file the report, with two
copies of the statement and list of delinquents, with the Borough
Clerk within the time specified or when otherwise required by the
Council.
D.
Division of Tax Assessments. Within the Department
of Finance, for administrative purposes, there shall be a Division
of Tax Assessments, the head of which shall be the Tax Assessor elected
to serve for a term of four years, subject to tenure. A vacancy shall
be filled in the manner of the original appointment for the unexpired
term only. The Tax Assessor shall:
(1)
Have, perform and discharge all the functions, powers
and duties prescribed by law for a Municipal Assessor.
(2)
Make assessments for benefits for local improvement
and for that purpose have and exercise the powers and duties of a
Board of Assessment for local improvement as provided by law.
(3)
Maintain adequate assessment records of each separate
parcel of real property assessed or exempted.
(4)
Maintain a current Tax Map of the Borough as a public
record and cause to be recorded thereon all changes in ownership or
character of the real property assessed, employing for that purpose
the facilities of other departments as provided by the code.
(5)
Report to the Borough Council as to equalization proceedings
and other matters involving the County Tax Board and make recommendations
as to action to be taken in that regard.
E.
Tax Searcher. The Tax Searcher of the Borough shall
be appointed by the Mayor with the advice and consent of the Council.
He shall furnish certificates relating to property taxes, assessments
and liens as provided by law.
F.
Tax Assessor certificate.
(1)
Pursuant to N.J.S.A. 54:1-35.30, no person shall on
or after July 1, 1971, be elected or reelected as Assessor unless
he shall hold a Tax Assessor certificate. This shall not apply, however,
to an Assessor who shall have served continuously in office from July
1, 1967, to the date of reelection.
(2)
Any person reelected as Assessor subsequent to receiving
a Tax Assessor certificate and having served as Tax Assessor or performed
the duties of Tax Assessor for not less than four consecutive years
immediately prior to such reelection, or who, on or before June 30,
1969, shall have received a Tax Assessor certificate while actually
in office as Assessor performing the duties of an Assessor and who,
on or before June 30, 1969, shall have served as Assessor or performed
the duties of Assessor for not less than four consecutive years, shall
hold his position during good behavior and efficiency notwithstanding
that such reelection was for a fixed term of years, and he shall not
be removed therefrom for political reasons, but only for good cause
shown and after a proper hearing after due notice.
[Amended 5-18-1982 by Ord. No. 82-2]
A.
Establishment; duties. The Department of Public Works
shall be administered by the Public Works Committee of the Council.
The Department shall be headed by a Director appointed by the Council.
The Director shall be in charge of the development, maintenance and
repair of roads and storm sewer systems and of the maintenance and
improvement of the lighting and water systems in the Borough, with
the following specific powers and duties:
(1)
Supervising the Department and its work force.
(2)
Supervising and maintaining all streets and roads,
the construction thereof and excavations therein.
(3)
Having necessary specifications drawn up and road
contract work supervised by the Borough Engineer.
(4)
Responsibility for snow removal.
(5)
Installing and maintaining fire hydrants.
(6)
Installing and maintaining Borough streetlights and
stop lights and street and traffic signs.
(7)
Drawing up and submitting a budget for the above-named
items to the Council.
(8)
Maintaining a map of the Borough showing all waterlines,
hydrants and streetlights.
B.
Rules and regulations. The Council may, by resolution,
make rules and regulations necessary for the proper regulation of
the Department of Public Works. When such rules and regulations are
adopted, they shall be binding on each member of the Department.
There shall be a Police Department of the Borough established in accordance with the provisions of Chapter 47, Police Department.
There shall be a Fire Department of the Borough established in accordance with the provisions of Chapter 18, Fire Department.
[Amended 5-18-1982 by Ord. No. 82-2]
A.
Division of Public Property. Within the Department
of Buildings and Grounds there shall be a Division of Public Property,
which shall be in charge of all real property owned by the Borough
and have the following powers and duties:
(1)
Maintain all real property as allowed by budget allowances.
(2)
Make improvements to recreation fields and public
buildings as may be necessary.
(3)
Maintain proper operation of the Borough municipal
shall and its janitorial services.
(4)
Keep a record of all keys issued to authorized persons
using Borough properties.
(5)
Maintain all public grounds.
(6)
Submit budget for maintenance and improvements of
all property and grounds.
[Added 5-18-1982 by Ord. No. 82-2]
There shall be a Department of Inspections established in accordance with Chapter 125, Construction Codes, Uniform.
A.
Organization; general responsibility. The general
responsibility of the Department shall be to promote recreation and
make facilities available to residents of the Borough; to maintain
Borough library facilities; and to direct all activity concerning
public events. The Department shall be administered by two Councilmen,
with one designated as Chairman.
B.
Specific responsibilities. The Department shall have
the following specific responsibilities:
(1)
To direct all recreational functions.
(2)
To see that all playground equipment is maintained
and in operation.
(3)
To assist any civic organization in its recreation
planning where asked.
(4)
To assist the Public Buildings and Grounds Committee
in any plans for added facilities or improvements to the recreation
park.
(5)
To supervise and assist in the proper performance
of the Free Library.
(6)
To direct all public affairs involving the Borough
of Gibbsboro.
[Amended 12-19-1994 by Ord. No. 94-15]
A.
The Mayor and Borough Council may establish various
committees which may be composed of members of the Borough Council
and the general public for the purpose of reviewing various municipal
operations or for such other purposes as the Borough Council may deem
necessary.
B.
All committees shall be appointed by the Mayor with
the advice and consent of the Borough Council.
C.
The Mayor shall be an ex officio member of all committees
to which he is not named as a member.
A.
Appointment. The Borough Solicitor shall be appointed
by the Mayor with the advice and consent of the Council for a term
of one year. He shall be an attorney at law of New Jersey, but need
not be a resident of the Borough. The Attorney shall be paid such
fees and charges as shall be deemed reasonable.
B.
Powers and duties. The Attorney shall have such powers
and perform such duties as are provided for the office of Borough
Solicitor by general law and assigned by ordinances of the Borough.
As and when directed by the Mayor and Council, he shall represent
the Borough in all judicial and administrative proceedings in which
the Borough or any of its officers or agencies is a party or has an
interest. He shall render all legal counsel and advice as required
by the Council or any member and shall in general serve as legal advisor
to the Council on all matters of Borough business. In furtherance
of his general powers and duties, but without intending to limit them,
the Borough Solicitor shall:
(1)
Render written opinions upon any question of law submitted
to him by the Council or any member with respect to their official
powers and duties and perform such duties as may be necessary to provide
legal counsel to the Council in the administration of municipal affairs.
(2)
Draft or approve as to form and sufficiency all legal
documents, contracts, deeds, ordinances and resolutions made, executed
or adopted by or on behalf of the Borough.
(3)
Subject to the approval of the Borough Council, have
power to enter into any agreement, compromise or settlement of any
litigation in which the Borough is involved.
(4)
With the approval of the Council, conduct appeals
from orders, decisions or judgments affecting any interest of the
Borough as he may in his discretion determine to be necessary or desirable
or as directed by the Mayor and Council.
A.
Appointment; term. There shall be a Borough Engineer
who shall be appointed by the Council for a term of one year. In lieu
of appointing an individual, the Council may appoint a firm of engineers,
each member of which shall be a licensed professional engineer of
the State of New Jersey. The Borough Engineer shall receive such compensation
as may be agreed upon and determined by the Borough Council.
B.
Duties. The Borough Engineer shall perform such duties
as are prescribed by general law and ordinance and, in addition, shall:
(1)
Prepare or cause to be prepared plans, designs and
specifications for public works and improvements undertaken by the
Borough, either on force account or by public contract.
(2)
Provide and maintain surveys, maps, plans, specifications
and control records with respect to public works and facilities owned
or operated by the Borough.
(3)
Operate, maintain and repair the Borough storm sewer
system.
(4)
Provide technical and engineering advice and assistance
to other Borough departments as needed.
C.
All papers, documents, memorandums, reports and other
materials plating to the administration of engineering duties of the
Borough Engineer shall be the property of the Borough. Upon termination
of his service with the Borough, the Borough Engineer shall forthwith
surrender to any successor or to the Borough, if requested, all such
property.
A.
Establishment; powers. There shall be a Municipal
Court in the Borough pursuant to the provisions of N.J.S.A. 2B:12-1
et seq. to be known as the "Municipal Court of the Borough of Gibbsboro,
Camden County." The Court shall be held in the Borough Hall of the
Borough of Gibbsboro or such other place as the Borough Council shall
designate from time to time. The Court shall exercise all the functions,
powers and duties and shall have the jurisdiction conferred upon Municipal
Courts by law and the rules of the Court.
B.
Municipal Judge; powers and duties. There shall be
a Municipal Judge of the Municipal Court appointed by the Mayor with
the advice and consent of the Borough Council. The Municipal Judge
shall serve for a term of three years from the date of appointment
and until a successor shall be appointed and qualified. The Municipal
Judge shall have and possess the qualifications and shall have, possess
and exercise all the functions, duties, powers and jurisdiction conferred
by general law and ordinance.
C.
Municipal Court Clerk. There shall be a Clerk of the
Municipal Court who shall be appointed by the Mayor with the advice
and consent of the Borough Council for a term of three years. The
Clerk shall perform the functions and duties as prescribed for him
by law, the rules applicable to Municipal Courts and by the Municipal
Judge. His duties shall include, but not be limited to:
(1)
Carrying out the rules, regulations, policies and
procedures relating to the operation of the Court.
(2)
Interviewing and speaking to prospective complainants;
and receiving complaints and dispensing information relating to Court
matters.
(3)
Maintaining the financial records of the Court.
(4)
Attending Court, taking minutes of the trials and
entering them in the docket; arranging trial calendars; signing Court
documents; and preparing and issuing warrants and commitments.
(5)
Taking and preparing bail bonds, making inquiry as
to their sufficiency and equity; and receiving and accounting for
fines and costs.
(6)
Interviewing persons on informal police court matters
to determine if there is a basis for formal action and, if necessary,
issuing summonses requiring court appearances; and maintaining and
classifying records and files.
D.
Deputy Municipal Court Clerk. There may be a Deputy
Clerk of the Municipal Court who shall be appointed by the Mayor with
the advice and consent of the Borough Council. The Deputy Clerk shall
perform the functions assigned to him by the Municipal Judge and by
the Municipal Court Clerk.
[Amended 2-27-1973 by Ord. No. 73-2; 3-26-1974 by Ord. No.
74-2; 5-18-1982 by Ord. No. 82-2; 4-10-2013 by Ord. No. 2013-04[1]]
There shall be a Zoning Board of Adjustment as established by Chapter 240, Land Use Procedures. All powers of the Zoning Board of Adjustment shall be assumed by the Planning Board pursuant to N.J.S.A. 40:55D-25.
[1]
Editor's Note: This ordinance also provided that wherever
the words "Zoning Board of Adjustment" appear in the Code of the Borough
of Gibbsboro, said words shall now read "Planning Board."
[Amended 2-27-1973 by Ord. No. 73-2; 5-18-1982 by Ord. No.
82-2]
There shall be a Planning Board as established by Chapter 240, Land Use Procedures.
A.
Establishment; composition.
(1)
The Local Assistance Board of the Borough shall consist
of five members, one member of whom shall be a member of the Borough
Council. The term of that member shall be one year.
(2)
The terms of the other members shall be as follows:
one member shall be appointed for one year, one member shall be appointed
for two years, one member shall be appointed for three years and one
member shall be appointed for four years. Thereafter, the term of
these members shall be four years each so that one term shall expire
in each year.
(3)
The Local Assistance Board shall have such powers
and perform such duties as are prescribed by general law and ordinance
and shall appoint a Director of Welfare pursuant to state law.
(4)
All members shall be appointed by the Mayor upon the
approval of the governing body.
[Added 2-27-1973 by Ord. No. 73-2]
B.
Organization of Board; Director of Welfare. The Local
Assistance Board shall organize and select a Chairman and a Secretary
and shall appoint a Director of Welfare, who shall be the first executive
and administrative officer of the Board. He shall hold office for
a term of five years from the date of his appointment and shall be
paid such salary as may be fixed by the Mayor and Council and included
in the annual salary ordinance. Nothing herein shall be construed
to make the overseer of the poor of the Borough of Gibbsboro ineligible
for appointment also as Director of Welfare by the Local Assistance
Board. In case of vacancy in the office of Director of Welfare, one
temporary or Acting Director may be appointed to serve for not more
than 90 days.
C.
Other employees. Other employees, including assistants,
clerks, investigators and nurses, in such number as may be necessary
to properly administer public assistance, shall be appointed in the
same manner as other employees of the Borough. No employee of the
Borough whose compensation is paid from funds received or appropriated
for public assistance or the administration thereof in any manner
shall hold office in any political party.
D.
Duties of Director of Welfare. The Director of Welfare
shall:
(1)
Supervise by periodic investigation every person receiving
public assistance, such investigation to be made by visitation at
least once a month.
(2)
Reconsider from month to month the amount and nature
of public assistance given and alter, amend or suspend the same when
the circumstances so require.
(3)
Devise ways and means for bringing persons unable
to maintain themselves to self-support or to the support of any other
person or agency able and willing so to do.
(4)
Keep full and complete records of such investigations,
supervision, assistance and rehabilitation and of all certifications
of persons for employment or benefits and cancellations.
(5)
Bring about appropriate action for commitment to any
state or county institution when the best interest of the needy persons
would be so served.
E.
Removal of members. Any member may be removed after
public hearing upon written charges for inefficiency, neglect of duty
or malfeasance in office. However, any member shall be automatically
removed upon nonattendance at three consecutive regularly scheduled
meetings without good cause therefor. Members shall be reinstated
only upon petitioning for a hearing to establish that good cause exists.
[Added 7-19-1988 by Ord. No. 88-9]
A.
Pursuant to N.J.S.A. 40:12-1, there is hereby created
a Board of Recreation Commissioners in the Borough of Gibbsboro. The
Board shall include three members to be appointed by the Mayor.
B.
The Commissioners first appointed shall be appointed
for terms of one, two and three years respectively in such manner
that the term of at least one Commissioner shall expire in each year.
Thereafter, all appointments shall be for terms of three years, and
vacancies shall be filled for the unexpired term only. The members
of the Commission shall serve until their respective successors are
appointed and shall qualify.
C.
The members shall receive no compensation for their
services.
D.
The Board of Recreation Commissioners shall have all
the powers specified in N.J.S.A. 40:12-3 through 40:12-9 and N.J.S.A.
40:12-14 and 40:12-15, inclusive, all of which are incorporated in
this chapter by reference.
[Added 10-24-1972 by Ord. No. 72-11]
A.
There is hereby established an Environmental Commission
for the protection, development and use of natural resources, including
water resources located within the Borough of Gibbsboro.
B.
The Environmental Commission shall have the power
to study and make recommendations concerning open space preservation,
water resources management, air pollution control, solid waste management,
noise control, soil and landscape protection, environmental appearance,
marine resources and protection of flora and fauna.
C.
The Environmental Commission shall consist of five
members to serve without compensation. Alternate members shall be
appointed pursuant to N.J.S.A. 40:56A-1 et seq.
[Amended 9-15-1981 by Ord. No. 81-5[1]]
D.
The Environmental Commission shall have all powers
and duties as set forth in N.J.S.A. 40:56A-1 to 40:56A-5 and shall
be appointed by the Mayor in accordance with N.J.S.A. 40:56A-1. The
Mayor, after hearing on written charges, may remove any member of
the Environmental Commission for cause. However, any member shall
be automatically removed upon nonattendance at three consecutive regularly
scheduled meetings without good cause therefor. Members shall be reinstated
only upon petitioning to the Mayor for a hearing to establish that
good cause exists.
[Amended 2-27-1973 by Ord. No. 73-2; 3-18-1980 by Ord. No.
80-2]
E.
One member of the Environmental Commission shall be
a member of the Planning Board, and all members shall be residents
of the Borough of Gibbsboro.
[Added 5-18-1982 by Ord. No. 82-2]
There shall be a Construction Board of Appeals as established by Chapter 125, Construction Codes, Uniform.
A.
Title. This section shall be known and may be cited
as the "Site Plan Review Advisory Board Ordinance of the Borough of
Gibbsboro, County of Camden and State of New Jersey."
B.
Purpose. The purpose of this article shall be to create
a Site Plan Review Advisory Board pursuant to N.J.S.A. 40:55D-39f
to assist the Gibbsboro Planning Board and the Gibbsboro Zoning Board
in their duties with regard to site plan approval.
C.
D.
Termination of membership. In the event that a member
shall, for any reason, cease to be a member of the Planning Board
or Zoning Board, said member shall also cease to be a member of the
Site Plan Review Advisory Board.
E.
Voting. Each member of the Site Plan Review Advisory
Board shall have one vote, and all decisions shall be decided by the
majority of those present.
F.
Chairperson. A Chairperson of the Site Plan Review
Advisory Board shall be elected among the members of the Board annually
at the reorganization meeting of the Site Plan Review Advisory Board.
G.
Scope of review. All completed applications for site plan approval shall initially be submitted to the Site Plan Review Advisory Board for its review to determine if the application meets all the requirements of Chapter 324, Site Plan Review, and the applicable state statutes.
H.
Additional professionals. The Site Plan Review Advisory
Board shall use the services of the Planning Board Secretary, Solicitor
or other professional personnel should the need arise, in accordance
with the rates established for the Planning Board.
A.
Inspection of public records. Public records of the
Borough shall be open for inspection by members of the public as provided
by law (N.J.S.A. 47:1A-1). Such inspection shall be made only at reasonable
times during business hours and without interference to the conduct
of the affairs of the office or other place where such records are
kept or maintained.
B.
Fees for copies. The schedule of fees for copies of
various municipal documents and records shall be as provided in N.J.S.A.
47:1A-1 et seq. The schedule of fees shall be available in the office
of the Borough Clerk.
[Amended 3-15-1977 by Ord. No. 77-2; 3-15-1977 by Ord. No.
77-3; 7-19-1977 by Ord. No. 77-6; 5-20-1989 by Ord. No. 80-6; 10-25-1989 by Ord. No. 89-34; 6-23-1993 by Ord. No. 93-15; 2-28-2007 by Ord. No.
2007-3]
C.
Copying by person requesting documents. Where the
document in question is more than 100 pages in length, the Clerk may
permit the person requesting copies to use his own copying machine,
provided that there is no risk of damage or mutilation of the documents
and that it would not be incompatible with the transaction of public
business. Such determination shall be completely within the discretion
of the Clerk. The fee in such case shall be as provided in N.J.S.A.
47:1A-1 et seq.
[Amended 2-28-2007 by Ord. No. 2007-3]
D.
In accordance
with N.J.S.A. 54:5-54, the Tax Collector shall provide to any party
entitled to redeem a certificate pursuant to this section (N.J.S.A.
54:5-54) two calculations of the amount required for redemption within
a calendar year at no cost. For each subsequent calculation requested
from the Tax Collector, there shall be a fee of $50. A request for
redemption calculation shall be made in writing to the Tax Collector.
[Added 4-13-2011 by Ord.
No. 2011-01]
E.
In accordance
with N.J.S.A. 54:5-97.1, the Tax Collector shall charge a lien holder
of a tax lien $50 for the calculation of the amount due to redeem
the tax lien as required pursuant to N.J.S.A. 54:5-97.1. Any request
for a redemption calculation shall specify the date to be used for
the calculation, which shall be the date of the notice. Neither the
Tax Collector nor the municipality shall be liable for an incorrect
calculation. The fee paid to the municipality shall not become part
of the lien and shall not be passed on to any party entitled to redeem
pursuant to N.J.S.A. 54:5-54.
[Added 4-13-2011 by Ord.
No. 2011-01]
[Added 6-10-2020 by Ord. No. 2020-06]
A.
The Purchasing
Agent shall be appointed by the Borough Council of the Borough of
Gibbsboro.
B.
The Purchasing
Agent shall possess a valid qualified purchasing agent certificate,
as issued by the New Jersey Division of Local Government Services,
Department of Community Affairs.
C.
The Purchasing
Agent shall have the authority, responsibility and accountability
for the purchasing activity for the Borough Council and the Borough
of Gibbsboro, to prepare public advertising for bids and to receive
bids and requests for proposals for the provision or performance of
goods, services and construction contracts on behalf of the Borough
Council of the Borough of Gibbsboro, and to award contracts permitted
through New Jersey statutes and in accordance with the regulations,
forms and procedures promulgated by state regulatory agencies in the
name of the Borough Council and the Borough of Gibbsboro, and to conduct
any activities as may be necessary or appropriate to the purchasing
function of the Borough Council of the Borough of Gibbsboro.