[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 164.
Water — See Ch. 209.
[Adopted 3-7-1977 as Sec. 2-10 of the 1976 Revised General Ordinances]
Pursuant to the provisions of N.J.S.A. 40:89-1 et seq.,[1] there is hereby adopted a Board of Public Works in and for the Borough for the purpose of maintaining and operating any and all water works, sewage and drainage systems or disposal plants or any electric lighting plant and other municipal utilities in accordance with the authority and powers as herein outlined and as authorized by the laws of the State of New Jersey.
[1]
Editor's Note: N.J.S.A. 40:89-1 et seq. was repealed by the Laws of 1987, Chapter 379. Continuation of the Board of Public Works in municipalities which established them prior to L. 1987, c. 379, is authorized under N.J.S.A. 40:60-8.1.
The Mayor shall nominate and, with the advice and consent of the Council, appoint six citizens of the Borough, who, together with the Mayor, shall constitute and be known as the "Board of Public Works," to hold office for the term of three years and until their successors shall have qualified.
Two members shall be appointed for each year for the full term of three years so that the term of two members shall expire at the end of each year.
The Mayor shall not vote at any meeting of the Board, except to give the deciding vote in case of a tie.
The Board of Public Works when so appointed shall be vested with all the powers, authority, rights and privileges and shall have imposed upon them the duties vested in or imposed upon the Mayor and Council of the Borough, to:
A. 
Lay pipes for the conveying of water for private and public use in the streets, highways, alleys, beneath the sidewalks of the Borough and to regulate the same; provide means for extinguishing fires in the Borough; provide water for the extinguishment of fires and for the maintenance and operation of a system of waterworks and water supply.
B. 
Provide for the sewerage or drainage of the Borough and the maintenance and operation of such system and a sewage disposal plant.
C. 
Provide for and regulate the lighting of streets and public places of the Borough, the construction or purchase of suitable plants, works or machinery for supplying light for public or private use and the maintenance or operation thereof; provide for lighting the streets and public places of the Borough and the maintenance and operation of any lighting plant owned by the Borough.
D. 
In all additional disbursements which involve purchases of goods and services under $2,500, the Board of Public Works shall be required to comply with all aspects of the competitive bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), as amended.
[Amended 2-6-1984]
A. 
Water supply system. In addition to the authority and powers herein provided, the Board of Public Works shall administer the water supply system and each and every part thereof of the Borough in accordance with the provisions of Chapter 209, Water.
B. 
Sanitary sewer system. In addition to the authority and powers as herein provided, the Board of Public Works shall administer the sanitary sewer system and each and every part thereof of the Borough in accordance with the provisions of Chapter 164, Sewers.
The Board of Public Works shall be authorized to approve all expenditures as allocated by the Mayor and Council in the Board of Public Works budget, except that any single expenditure shall first be subject to the Mayor and Council approval.
[Adopted 8-7-1989]
Upon receipt of an application for sewer or water service or hookup, the secretary of the Board of Public Works shall send a copy of the application and one set of all maps and reports to the engineer and the attorney for the Board and any other approving authority professional consultants, which the Board in its discretion deems necessary to review the application. Within seven business days of receipt of a copy of the above documents, the professional consultants shall submit an estimate of fees sufficient in amount to pay for the technical reviews, reports, agreements and other services they deem will be necessary concerning the application. After receipt of such estimated fees, the applicant shall forthwith deposit the required funds with the Borough of Hamburg to be maintained in an escrow account to be utilized for the payment of professional services rendered to the approving authority by its consultants in the following manner:
A. 
The professional consultants shall submit vouchers to the Borough for their services and upon approval of the Board of Public Works, the vouchers shall be paid from the applicant's escrow account. All professionals shall base their estimates on the amount of time involved and shall bill at the actual rate established for their services by the Borough by contract or salary ordinance. The applicant may request of the Borough copies of any vouchers submitted for payment from the applicant's escrow account and may request the opportunity to be heard by the Borough concerning such vouchers payable, prior to their being approved for payment.
B. 
In the event that during the course of the hearings upon the application or after final action it is determined that the funds deposited by the applicant are insufficient to pay the approving authority's professional consultants for their services, as having exceeded the estimates, the approving authority shall require the applicant to deposit additional funds with the Borough for that purpose.
C. 
The balance remaining in the applicant's escrow account after final action on the application, in the event of a denial, or issuance of final certificate of occupancy or, in event of approval, shall be returned to the applicant.
D. 
The secretary of the Board of Public Works shall notify the approving authority's professional consultants when the escrow deposits have been made at which time they shall begin their reviews of the application.
E. 
Until all initial estimated fees are deposited in accord with this section, the application shall be deemed incomplete and the approving authority shall take no formal action concerning the application.
F. 
Prior to the issuance of any permits, each applicant may be required by the Board of Public Works to enter into a developer's agreement with the Borough specifying the conditions of approval and the work to be performed by the applicant including any guaranties, cash deposits or bonding required therefor.