[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg
as indicated in article histories. Amendments noted where applicable.]
[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 was repealed by the Laws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]
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.
