Article IV Departments, Boards, Commissions and Committees

Pursuant to N.J.S.A. 40A:14-118, the Harding Township Police Department heretofore established is hereby continued under the name "Harding Township Police Department," and the Department shall be regulated by applicable law, the provisions of this section and the rules and regulations established pursuant to Subsection E.

The Department shall:

Preserve the public peace.

Protect life and property.

Detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Township.

Direct and control traffic.

Provide attendance and protection during emergencies.

(f)

Provide appearances in court.

(g)

Cooperate with all other law enforcement agencies.

(h)

Provide training for the efficiency of its members and officers.

Personnel; appointment; salary; oath. The Harding Township Police Department shall consist of a Chief of Police, one Lieutenant, five Sergeants, not fewer than seven nor more than 12 police officers and such other employees as the Township Committee shall deem necessary. All members, officers and personnel shall be appointed by resolution of the Township Committee and shall receive such salaries as may be specified in the Township's Salary Ordinance.[1] Every person appointed to the Police Department shall, prior to entering on their duties, take and subscribe to an oath or affirmation as required by New Jersey law.

[Amended 1-28-2019 by Ord. No. 02-19; 10-19-2020 by Ord. No. 10-2020]

Editor's Note: A copy of the latest Salary Ordinance may be obtained at the Township Clerk's office.

Powers and duties of Police Chief; line of authority. The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Township Administrator for its efficiency and day-to-day operations. Pursuant to policies established by the Township Administrator, the Chief of Police shall:

Administer and enforce rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers.

Have, exercise and discharge the functions, powers and duties of the Police Department.

Prescribe the duties and assignments of all members and officers.

Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control.

Report at least monthly to the Township Administrator, in such form as shall be prescribed by the Township Administrator, on the operation of the Police Department during the preceding month, and make such other reports as may be requested by the Township Administrator.[2]

Editor's Note: Former Subsection D, Detective Bureau, was repealed 10-19-2020 by Ord. No. 10-2020. This ordinance also redesignated former Subsections E through M as Subsections D through L.

Appropriate authority; rules and regulations. The Township Administrator shall be, and hereby is, designated as the appropriate authority as provided in the New Jersey Statutes. The Township Administrator shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members. The members of the Police Department shall be subject to said rules, regulations and penalties. Said rules and regulations may include but not be limited to the following subjects:

The duties of the Police Department.

General rules for operation of the Police Department.

Rules of discipline.

The duties of the superior officers.

The procedure on arrests.

Uniforms and equipment requirements.

(7)

Leave of absence procedures.

(8)

Special duties.

(9)

The procedure for the proper enforcement of this section.

(10)

Probationary patrolmen requirements.

Qualifications. No person shall be appointed a member of the Police Department unless he is:

A citizen of the United States.

Sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to eligibility for membership in the retirement system.

Able to read, write and speak the English language well and intelligently.

Of good moral character and has not been convicted of any criminal offense involving moral turpitude.

Eighteen years of age or over.

A resident of New Jersey.

Appointments and promotions. All appointments to and promotions within the Police Department shall be made by the Township Committee upon the recommendation of the Chief of Police. All promotions shall be in accordance with applicable provisions of the laws of the State of New Jersey and in accordance with the hiring and promotion policies and procedures approved by the Township Committee.

[Amended 10-19-2020 by Ord. No. 10-2020]

Probationary police officer. Each person hereafter appointed to the Police Department shall have first served a probationary term, the duration of which shall be determined in the same manner as appointments and promotions are determined under Subsection F and shall have successfully completed a police training course at an approved school pursuant to N.J.S.A. 52:17B-66 et seq. Upon the expiration of such term, a probationary police officer may be appointed as a regular police officer by resolution of the Township Committee, or upon completion of the probationary period, the appointment may be terminated by resolution of the Township Committee.

[Amended 10-19-2020 by Ord. No. 10-2020]

Special law enforcement officers. The Township Committee may appoint from time to time special law enforcement officers in accordance with N.J.S.A. 40A:14-146.10 et seq. for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be considered as regular members of the Police Department and shall not be entitled to tenure.

School guards. The Township Committee may, from time to time, appoint as school guards such persons as it shall deem to be qualified for such position. The powers and duties of school guards shall be limited to the protection of children while on public thoroughfares in the Township in connection with their attendance at the Township school, and to the discretion and regulation of pedestrian and vehicular traffic at the various street intersections and crossings where they may be stationed. While on active duty, school guards shall be under the jurisdiction of and subject to the orders of the officers of the Police Department.

Police Physician and physical examinations.

Appointment; duties. A medical doctor, authorized to practice medicine in New Jersey, shall be appointed by the Township Committee as the Police Physician. The Police Physician shall examine all members of the police force or appointees to the force whenever required by this subsection or the rules and regulations governing the Police Department and shall report in writing the result of such examinations with his opinions as to physical fitness for police work of the person examined. No person shall be appointed to the Police Department unless he has satisfactorily passed a physical examination by the Police Physician.

Annual physical. Every member of the Police Department shall be required to have at least one physical examination by the Police Physician annually. Such examination shall be conducted at such time as the Chief of Police may designate. Records of said physical examinations shall be kept on file by the Chief of Police.

Psychiatric examinations. Psychiatric examinations shall be required prior to appointment, and the provisions of Subsection J(4) shall apply also to psychiatric examinations.

[Amended 10-19-2020 by Ord. No. 10-2020]

Physical condition. Every member of the Police Department must maintain themselves in proper physical condition and good appearance at all times. The Chief of Police may require any member of the Police Department to be examined by the Police Physician when, in the opinion of said Chief of Police, such member gives evidence that they are unable to perform properly the duties of their position. Nothing herein contained shall prevent such a member from submitting supplemental evidence of their condition to be supplied by a physician of their own selection in addition to that required by the Chief as above mentioned.

[Amended 10-19-2020 by Ord. No. 10-2020]

Recommendations of Police Physician. Recommendations of the Police Physician for corrective measures of physical deficiencies interfering with the duties of a member of the Police Department shall be followed by such member, subject to the approval of the member's personal physician.

Suspensions, removal, fines and reductions. No permanent member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's Rules and Regulations.

Private service.

Policy. Members of the Police Department shall be permitted to accept employment as safety or security personnel for private employers during off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Township. The Township's needs for said police officer shall always take priority over scheduled off-duty work for a private employer.

Rates. Private employers shall pay to the Township of Harding, prior to the commencement of service pursuant to the executed agreement between the private employers and the Township of Harding, such hourly rates as are set forth by resolution by the Township Committee. The Township shall remit to the member of the Police Department performing such service a portion of said hourly rate and the balance shall be retained by the Township for administrative expenses, all as established by resolution of the Township Committee.

§ 7-31.1 Police Department promotion process.

Procedure. Any person or entity wishing to employ a member of the Police Department for private service shall first obtain the approval of the Chief of Police or designee, which approval shall be granted if, in the opinion of the Chief of Police or designee, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department and would not unreasonably endanger or threaten the safety of the officer or officers who perform the work. After approval has been obtained, the person or entity shall enter into a written agreement with the Township which is acceptable to the Township Committee.

[Amended 10-19-2020 by Ord. No. 10-2020]

[Added 7-10-2023 by Ord. No. 07-2023]

Procedure.

Promotional process administration. In all instances, except for the promotion to the position of Chief itself, the Chief of Police or designated representative shall be responsible for coordinating the promotional process, as outlined in Subsection D of this policy.

Job relatedness.

All elements of the promotional process shall measure job knowledge and performance that are necessary to perform the job, and/or are included in the position's written job description as an essential job function.

Essential functions must be specific and relate to the position as outlined within the job description for the position.

Promotional announcement.

When a promotion is needed for the rank of sergeant or lieutenant, the Chief of Police shall seek approval of the appropriate authority to initiate the process.

Once the appropriate authority has approved the promotion process to begin, the Chief of Police shall supervise the announcement process.

A written announcement shall be provided by the Chief of Police at least 45 days before any oral exam is administered.

The written announcement shall describe the position available, contain the eligibility requirements, and a description of the process to be used in the selection of personnel for the vacancy announced.

The written announcement will also include suggested study materials and/or areas of study.

No later than 10 days after the announcement is posted, each officer intending to participate in the process must submit a letter of intent including a cover letter and professional resume detailing that officer's background. At a minimum, the letter must include:

Service time/seniority: years of service in current rank with the Harding Township Police Department, including dates.

College education: highest degree earned, including dates.

Active-duty military service: years of service, including dates.

Promotional process procedures.

General provisions. To be eligible for promotion, candidates must meet all the criteria established [Subsection D(1) to (4)] for such promotion on the date the vacancy announcement is posted.

Officers must be members of the Harding Township Police Department at the time that the promotional process is announced.

The agencies listed in Appendix 1[1] are recognized higher education accrediting organizations. In order to qualify for education credit as specified by this policy, a college or university must be accredited by one of the accrediting agencies listed in Appendix 1.

Editor's Note: Said appendix is on file in the Township offices.

Sergeant eligibility requirements: The candidate must have completed a total of three years in the rank of police officer with the Harding Township Police Department; N.J.S.A. 40A:14-130.

The candidate must possess an associate's degree from an accredited college or university or at least 60 college credits from an accredited college or university.

Effective January 1, 2027, the candidate must possess a bachelor's degree from an accredited college or university.

In the event that there is only one candidate meeting the eligibility requirements, the Chief of Police may recommend that the sole candidate be promoted, based on assessment of the candidate's performance records, the candidate's performance evaluations, the candidate's educational background, the candidate's military background, the candidate's length of service, an assessment of the demonstrated qualities of leadership potential, the ability to assume additional responsibilities, and contents of the candidate's personnel folder with respect to complaints, commendations, disciplinary action, and other relevant matter.

Based upon the recommendation of the Chief of Police, the appropriate authority may recommend to the Township Committee that the sole candidate be promoted.

Lieutenant eligibility requirements: The candidate must have completed one year of supervisory police experience as a sergeant within the Harding Township Police Department.

The candidate must possess an associate's degree from an accredited college or university or at least 60 college credits from an accredited college or university.

Effective January 1, 2027, the candidate must possess a bachelor's degree from an accredited college or university.

Based upon the recommendation of the Chief of Police, the appropriate authority may recommend to the Township Committee that the candidate be promoted.

Chief of Police eligibility requirements: The candidate must have completed one year of supervisory police experience as a lieutenant within the Harding Township Police Department. In the event that there is no eligible lieutenant at the time of the promotional announcement, eligibility will include sergeants who have completed one year of supervisory police experience as a sergeant. The appropriate authority reserves the right to include sergeants and lieutenants in this promotional process at any time.

The candidate must have completed three FBI-LEEDA courses (Trilogy Award) consisting of Supervision Leadership Institute, Command Leadership Institute, and Executive Leadership Institute and must possess an associate's degree from an accredited college or university or at least 60 college credits from an accredited college or university.

Effective January 1, 2027, the candidate must have completed three FBI-LEEDA courses (Trilogy Award) consisting of Supervision Leadership Institute, Command Leadership Institute, and Executive Leadership Institute and a bachelor's degree from an accredited college or university.

The appropriate authority shall make a recommendation to the Township Committee regarding the promotion of the candidate. This recommendation shall be based on assessment of the candidate's performance records, the candidate's performance evaluations, the candidate's educational background, the candidate's military background, the candidate's length of service, an assessment of the demonstrated qualities of leadership potential, the ability to assume additional responsibilities, and contents of the candidate's personnel folder with respect to complaints, commendations, disciplinary action, and other relevant matter.

The appropriate authority may consider a recommendation from the current Chief of Police, if available, in order to help assess a candidate.

Based upon the assessments completed, the appropriate authority may recommend to the Township Committee that the candidate be promoted.

Evaluation for Promotion - Sergeant and Lieutenant. A candidate's final score (and ranking) on a promotional list consists of two weighted parts:

An oral exam administered by the New Jersey State Chiefs of Police Association: 100 points (maximum).

A calculation of the following:

Seniority - years of service in their current rank with the Harding Township Police Department: one point for each year (not to exceed 15 points).

College education - (for the highest degree earned): one point for an associate's degree (or 60 credits); three points for a bachelor's degree; five points for a master's degree (not to exceed five points).

Active-duty military service: 0.5 point for each year of service (not to exceed five points).

Scoring.

A maximum combined score of 125 points is possible.

A minimum combined score of 70% is required in order to be ranked on the eligibility list.

Evaluation for promotion - Chief of Police. A Promotion Review Board consisting of the appropriate authority and the Township Committee members shall evaluate candidates for promotion to the rank of Chief of Police.

Ranking-eligibility list. The Chief of Police shall rank candidates in numerical order from highest to lowest score.

Each candidate shall be provided with the number they place on the eligibility list.

For the promotion to the rank of Sergeant and/or Lieutenant, the Chief of Police may submit a recommendation to the appropriate authority and Township Committee to select any one of the top three ranking candidates on the eligibility list, utilizing the "rule of three," to be recommended for appointment to that rank.

The promotional eligibility list shall expire one year after the posting date of the list. The eligibility list may be extended for one additional year at the discretion of the Chief of Police. Under no circumstances will a promotional eligibility list extend beyond two years.

For the promotion to the rank of Chief of Police, the appropriate authority shall make a recommendation to the Township Committee for appointment of the candidate.

Six-month period in acting capacity as part of the promotional process.

Prior to a recommendation for promotion to the rank of Sergeant or Lieutenant, the Chief of Police shall assign an officer to serve a six-month period in acting capacity, as part of the promotional process.

Prior to completion of the six-month period in acting capacity, the candidate shall be evaluated every three months by the officer's supervisor.

All personnel must achieve an acceptable rating on their performance evaluations. Unsatisfactory performance shall be corrected through training, counseling, or a performance improvement plan, which must be completed within the six-month period that the officer is serving in an acting capacity.

At the discretion of the Chief of Police, the assignment of an officer in an acting capacity may be extended for not longer than two months.

Personnel not receiving an acceptable performance rating at the end of the acting capacity shall not be recommended for permanent appointment.

Upon successful completion of the period in acting capacity, the Chief of Police may make a recommendation to the appropriate authority for permanent appointment.

Appeal of process.

Within 10 days of the posting of the ranking of candidates, a candidate may file a written letter of appeal.

Said letter must contain the reason(s) or justification(s) for an appeal and must be submitted to the Chief of Police.

The Chief of Police will assess the request on a case-by-case basis and determine the process to decide the appeal. The Chief of Police shall consult with the appropriate authority in every instance. Appeal requests may include the following promotional process categories:

Review and recalculation of the scored elements of the selection process.

Review any evaluation or internal document that was used in the selection process related to the appellant.

If the appeal impacts the results of the promotional ranking as determined by the Chief of Police and the appropriate authority, the scored elements of the selection process may be recalculated, and a new eligibility list may be issued.

In the event there is an appeal of the evaluation process for the position of Chief or Police, that appeal shall be made to the Township Committee.

Non discrimination. During the reviews of the promotional process as defined in Subsection D of this policy, an analysis and determination will be made as to whether adverse impact or the potential for discrimination exists in the promotional process components. Adverse impact involves analyzing identifiable factors through comparisons made of the race, gender, and ethnicity of the applicants participating in the promotional process. This shall be accomplished by measuring the selection rates for each applicant by race, gender, and ethnic group as compared to the group having the highest selection rate.

Where adverse impact or discrimination is indicated, the Chief of Police will develop a plan to correct any inequities indicated in the promotional process.

Adverse impact records will be maintained. The office of the Chief of Police shall maintain all records and data collected. Copies shall be sent to the appropriate authority.

Annually by January 31, the Chief of Police, or designee, shall report to the Morris County Prosecutor's Office the age, gender, race, and ethnicity of each law enforcement officer eligible for promotion and promoted within the agency in the preceding calendar year, including the position to which the officer was promoted.

Security of promotional materials.

The Chief of Police shall be responsible for the security of promotional material.

All promotional materials will remain in a secure promotional file located in the office of the Chief of Police.

Emergency promotion.

In the event that the Chief of Police is incapacitated, or the Chief's employment is terminated, or the Chief retires, and there is not sufficient time to implement a full promotional process, upon recommendation by the appropriate authority, the Township Committee may appoint an Acting Chief or Officer-In-Charge.

Unless removed by the Township Committee, the Acting Chief or Officer-In-Charge will serve until the Township Committee, in accordance with this promotional policy, appoints a permanent Chief of Police.

§ 7-32 Planning Board.

Composition; terms of office; vacancies. The Planning Board shall consist of nine regular members and two alternate members (if such alternates are appointed), divided into the following classes:

Class I. The Mayor, whose term shall correspond with his official tenure as Mayor.

Class II. Regular member: one of the officials of the Township (other than a member of the Township Committee) to be appointed by the Mayor, whose term shall be for one year or terminate at the completion of his or her term of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. If there are among the Class IV members or alternate members both a member of the Board of Adjustment and a member of the Board of Education, then the member of the Environmental Commission who is also a member of the Planning Board shall be deemed to be the Class II Planning Board member. The term of a Class II member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his or her term of office as a member of the Environmental Commission, whichever occurs first.

Class III. Regular member: A member of the Township Committee (other than the Mayor) to be appointed by it, whose term shall be for one year or terminate at the completion of his or her term of office as a member of the Committee, whichever occurs first.

Class IV.

Regular member.

Six other citizens of the Township to be appointed by the Mayor who shall hold no other Township office, except that one may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board shall be a Class IV member, unless there are among the Class IV members or alternate members both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

The term of a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.

The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

[4]

The term of all Class IV regular members first appointed pursuant to this subsection shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the Township Committee; provided, however, that the term of no regular member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter all Class IV regular members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

Alternate member. 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 qualification of any regular member. Such alternate members shall meet the same qualifications as Class IV regular members and shall serve for terms of two years. In the event that two alternate members are appointed, the initial terms of such members shall be one and two years, respectively. At the time of their appointment, such alternate members shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. Participation of alternate members shall not be deemed to increase the size of the Planning Board. In the event that a choice must be made to which alternate member is to vote, Alternate No. 1 shall vote. A vacancy in any class occurring otherwise than by expiration of a term of office shall be filled by appointment as above provided for the unexpired term.

Organization. At the first meeting of the year, the Planning Board shall elect a Chairman and Vice Chairman from among the regular members of Class IV and select a Secretary who may or may not be a member of the Planning Board or a municipal employee. The Planning Board may annually appoint and fix the compensation of the Planning Board Attorney who shall be an attorney other than the Township Attorney. The Planning Board may also employ or contract for experts and other staff and services as it may deem necessary. The Board shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use. The Board may also establish subcommittees, such as the Minor Development and Flood Hazard Review Committee, the Major Development Committee and the Advisory Review Committee, to review applications, make recommendations and act on behalf of the full Board in accordance with this Code.

Powers and duties. The Planning Board shall comply with the provisions of N.J.S.A. 40:55D-1 et seq., and have the following powers and duties:

To amend the Master Plan in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the Land Subdivision Ordinance and Site Development Ordinance of the Township in accordance with the provisions of Chapter 225 of this Code and N.J.S.A. 40:55D-1 et seq.

To report on the Township Official Map pursuant to N.J.S.A. 40:55D-32.

To report on amendments to the Zoning Ordinance[1] pursuant to N.J.S.A. 40:55D-64.

Editor's Note: See Ch. 225, Land Use and Development.

To annually prepare a program of Township capital improvement projects projected over a term of six years, and amendments thereto, and recommend the same to the Township Committee pursuant to N.J.S.A. 40:55D-29, 55D-30 and 55D-31, if authorized to do so by the Township Committee.

Ancillary powers.

Whenever a proposed development requires approval, pursuant to the New Jersey Municipal Land Use Law, of a subdivision, site plan or conditional use, but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

Variances pursuant to N.J.S.A. 40:55D-70c.

Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permits for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this subsection, notice of hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

A developer may elect to submit a separate application requesting approval of the variance or direction for the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction for the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Chapter 225, Land Use and Development.

(7)

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(8)

To assemble data on a continuing basis as part of a continuous planning process.

(9)

To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also to pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-26b.

(10)

To perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Committee for the aid and assistance of the Committee or other agencies or officers of the Township.

Site Plan Review Subcommittee.

Membership. The Planning Board may establish by resolution a Site Plan Review Subcommittee consisting of three members of the Planning Board and such other officials, representatives of other governmental agencies, citizens of the Township, particularly architects, or additional members of the Planning Board as the Chairman of the Planning Board may appoint to sit on said Subcommittee on a temporary basis or for a specific application.

Function. The Site Plan Review Subcommittee shall:

Review all sketch site plans.

Review all site plan applications and supporting documents to determine their completeness and compliance with applicable development regulations.

Meet with applicants and their representatives to discuss all technical aspects of the proposed site plan.

Recommend to the Planning Board appropriate action on any site plan application.

Development Review Committee.

Membership. The Planning Board may establish by resolution a Development Review Committee consisting of three members of the Planning Board and such other officials, representatives of other governmental agencies, citizens of the Township or additional members of the Planning Board (not to exceed an effective majority of the Planning Board) as the Chairman of the Planning Board may appoint to sit on said Committee on a temporary basis or for a specific application.

Function. The Development Review Committee shall:

Review all concept plans submitted to it and all applications for preliminary major subdivision or preliminary site plan approval, together with supporting documents.

At the request of the Board of Adjustment, review any application for preliminary major subdivision or preliminary site plan approval filed with the Board of Adjustment, together with any supporting documents submitted therewith.

Provide assistance to the Planning and Zoning Boards' Administrator, as necessary, in determining the completeness of an application for development.

Meet on a regular basis as a Committee or meet with applicants and/or their representatives to discuss all aspects of a proposed development.

Recommend to the Planning Board or the Board of Adjustment, appropriate action on any application for development reviewed by the Subcommittee.

Environmental Commission. Since the Township Environmental 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 Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceedings.

Historic Preservation Commission. Whenever an application is made for development within an historic district or site designated as such on the Zoning Map or any element of the Master Plan, the Planning Board shall make available to the Historic Preservation Commission an informational copy of such application. Failure of the Planning Board to make such informational copy available to the Historic Preservation Commission shall not invalidate any hearing or proceeding.

§ 7-33 Zoning Board of Adjustment.

Composition; terms of office; vacancies. The Zoning Board of Adjustment shall consist of seven regular members and two alternate members (if such alternates are appointed), all of whom shall be residents of the Township appointed by resolution of the Township Committee. At the times of their appointment, alternate members appointed shall be designated by the Township Committee as "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. Participation of alternate members shall not be deemed to increase the size of the Zoning Board of Adjustment. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. Regular members shall serve for terms of four years from January 1 of the year of their appointment. Any alternate members appointed shall serve for terms of two years from January 1 of the year of their appointment. No member or alternate member of the Zoning Board of Adjustment may hold any elective office or position under the Township. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. The terms of the regular members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no regular member shall exceed four years. Thereafter, the term of each regular member shall be for four years. The terms of the alternate members first appointed shall be determined so that the expiration of such terms shall be evenly distributed over the first two years after their appointment. Thereafter, the term of each alternate member shall be two years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the terms for which they were appointed.

Organization. At the first meeting of the year, the Board of Adjustment shall elect a Chairman and Vice Chairman from its regular members and shall also select a Secretary who may or may not be a member of the Board of Adjustment or a Township employee. The Board may annually appoint and fix the compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Township Attorney. The Board may also employ or contract for and fix the compensation of such experts and other staff as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

Powers.

The Zoning Board of Adjustment shall comply with the provisions of N.J.S.A. 40:55D-1 et seq., and shall have the following powers:

To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.[1]

Editor's Note: See Ch. 225, Land Use and Development.

To hear and decide requests for interpretation of the map or Zoning Ordinance, or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.

Variances generally.

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation of the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, the Zoning Board of Adjustment shall have the power to grant, upon an application or appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.

Where in an application or appeal relating to a specific piece of property the purposes of the Municipal Land Use Law[2] would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, the Zoning Board of Adjustment shall have the power to grant a variance to allow departure from the regulations of the Zoning Ordinance.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Provided, however, that no variance from those departures enumerated in Subsection C(1)(d) below shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a.

Variances from zoning regulations.

In particular cases and for special reasons, to grant a variance to allow departure from regulations of Chapter 225, Land Use and Development, of the Code of the Township of Harding to permit:

[a]

A use or principal structure in a district restricted against such use or principal structure;

[b]

An expansion of a nonconforming use;

[c]

Deviation from a specification or standard pertaining solely to a conditional use;

[d]

An increase in the permitted floor area ratio as defined in § 225-5;

[e]

An increase in the permitted density except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or

[f]

A height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure.

A variance under this subsection shall be granted only by affirmative vote of at least five members.

If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection C(1)(d) above, the decision on the requested variance or variances shall be rendered under Subsection C(1)(c) above. No variance or other relief may be granted under the provisions of Subsection C(1)(a) through (d) of this chapter unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance.

To direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to § 7-32C(6)(a)[2] of this Code.

(f)

To direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to § 7-32C(6)(a)[3] of this Code.

(g)

To grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to N.J.S.A. 40:55D-28 through 55D-46 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection C(1)(d) of this section.

Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.[3]

Editor's Note: Original Subsection D, Development Review Committee, which immediately followed this subsection, may now be found at § 7-32E.

Reversal or modification on appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.

Environmental Commission. Since the Township Environmental Commission has prepared an index of the natural resources of the Township, the Zoning Board of Adjustment shall make available to the Environmental Commission an informational copy of every application for development to the Zoning Board of Adjustment. Failure of the Zoning Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

Historic Preservation Commission. Whenever an application is made for development within an historic district or site designated as such on the Zoning Map or any element of the Master Plan, the Zoning Board of Adjustment shall make available to the Historic Preservation Commission an informational copy of such application. Failure of the Zoning Board of Adjustment to make such informational copy available to the Historic Preservation Commission shall not invalidate any hearing or proceeding.

§ 7-34 Board of Health.

Composition.

The Board of Health shall consist of five members, at least one of whom shall be a member of the Township Committee. Members shall be appointed by the Mayor, with the advice and consent of the Township Committee, and shall hold office for a term of three years, beginning the first day of January in the year in which each is appointed, except that two of the five members first appointed shall hold office until December 31, 1974; two of such members shall hold office until December 31, 1975; and the fifth such member shall hold office until December 31, 1976.

[Amended 2-14-2022 by Ord. No. 01-2022]

Alternate member. Two alternate members may be appointed by the Mayor to serve during the absence or disqualification of any regular member. Such alternate members shall serve for terms of two years. In the event that two alternate members are appointed, the initial terms of such members shall be one and two years, respectively. At the time of their appointment, such alternate members shall be designated by the Mayor as "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 of any class. 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 to which alternate member is to vote, Alternate No. 1 shall vote.

A vacancy in any class occurring otherwise than by expiration of a term of office shall be filled by appointment as above provided for the unexpired term.

Members shall serve without compensation but shall be reimbursed for any expenses necessarily incurred in discharging the duties of their office.

Powers and duties. The Board of Health shall have all the powers and duties conferred upon it by N.J.S.A. 26:3-1 to 26:3-91, as amended and supplemented.

§ 7-35 Department of Public Works.

Composition; appointment. The Department of Public Works shall consist of an Assistant Commissioner, a Superintendent and such other officers and employees as the Township Committee may deem proper, all of whom shall be appointed by resolution of the Township Committee.

Powers and duties. The Department of Public Works is charged with the maintenance of the Township roads, buildings and parks and shall have such other powers and duties as the Township Committee shall confer upon it.

§ 7-36 Environmental Commission.

[Amended 3-11-2024 by Ord. No. 03-2024]

Name. Pursuant to N.J.S.A. 40:56A-1 et seq., there is hereby established in and for the Township of Harding an Environmental Commission to be known as "Harding Township Environmental Commission."

Composition.

The Environmental Commission shall consist of seven members, alternate members (if such alternates are appointed), and not more than four student members to be appointed by the Mayor. One member shall also be a member of the Harding Township Planning Board, and all members shall be residents of the Township. The members shall serve without compensation. The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission. All appointments of members, except to fill vacancies, shall be for terms of three years and until the appointment and qualification of their successors, beginning the first day of January of the first year of the term.

Alternate member. 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 qualification of any regular member. In the event that 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 periods 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 as "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 as to which alternate member is to vote, Alternate No. 1 shall vote.

Student members. Any Harding Township School System student is eligible to serve as a student member of the Environmental Commission. The Mayor shall appoint the student members with the advice of the Environmental Commission members. The student members shall serve a one-year term coinciding with the academic calendar and expiring on July 1 of each year. Each student member shall not have any voting power but shall be subject to the same conditions as provided by law or this Code as a member of the Environmental Committee.

§ 7-37 Historic Preservation Commission.

A vacancy of the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.

Powers of commission. The Environmental Commission shall have power to conduct research into the use and possible use of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets, which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Harding Township Planning Board plans and programs for inclusion in a Township Master Plan and the development and use of such areas.

Acquisitions by commission. The Environmental Commission may, subject to the approval of the Township Committee, acquire property, both real and personal, in the name of the Township by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to 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 reversions, as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the Township.

Records and annual report. The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Township Committee.

Studies and recommendations. 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.

Name. Pursuant to N.J.S.A. 40:55D-107 et seq., there is hereby established in and for the Township of Harding an Historic Preservation Commission.

Composition.

The Commission shall consist of seven members and two alternate members (if alternates are appointed). The Mayor shall appoint all 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." The Commission shall elect from its membership a Chairman and a Vice Chairman and shall select a Secretary who may or may not be a member of the Commission or a municipal employee.

The regular members of the Commission shall be classified into one of the following three classes:

Class A: person(s) who are knowledgeable in building design and construction or architectural history and who may reside within or outside of the Township.

Class B: person(s) who are knowledgeable or have a demonstrated interest in Township history and who may reside within or outside of the Township.

Class C: person(s) who are citizens of the Township and who hold no other municipal office, position or employment, except for membership on the Planning Board or the Zoning Board of Adjustment.

The regular members of the Commission shall include at least one person from Class A and at least one person from Class B, provided that at least three of the regular members shall be from either Class A or Class B. The alternate members of the Commission (if any) shall at least meet the qualifications of Class C.

Terms. The term of a regular member shall be four years, and the term of an alternate member shall be two years. A regular or alternate member whose term has expired may be appointed to an additional term. The terms of the members first appointed to the Commission under this section shall be as follows to the extent practicable: one of the regular members shall have a term of one year, two of the regular members shall have a term of three years, two of the regular members shall have a term of four years, one of the alternate members shall have a term of one year and one of the alternate members shall have a term of two years. A vacancy occurring otherwise than by the expiration of a term shall be filled for the unexpired term only. The term of a member who is also a member of the Planning Board or Zoning Board of Adjustment (if any) shall be coterminous with his/her term on the respective Board.

Powers and duties of the Commission. The Commission shall have the power and duty to:

Prepare and maintain a survey of historic areas and locations within the Township pursuant to criteria identified in the survey report.

Make recommendations to the Planning Board and Township Committee for additions or modifications to historic districts and sites within the Township.

Make recommendations to the Planning Board on the Historic Preservation Plan Element of the Master Plan, including proposed amendments and updates thereto, and on the historic preservation implications of any other element of the Master Plan which has been or is proposed to be adopted.

In connection with applications for development within a designated historic district or site, advise and assist applicants the Planning Board and/or the Zoning Board of Adjustment on the historic significance of the district or site and ways of conserving, protecting, enhancing and perpetuating the historic character and significance of such district or site.

Administer the demolition delay provisions in § 225-114 of Chapter 225, Land Use and Development.

Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township.

§ 7-37.1 Open Space Trust Committee.

Establishment of Open Space Trust Committee. There is hereby established an Open Space Trust Committee.

Membership. The Open Space Trust Committee shall consist of a minimum of nine members as follows:

[Amended 5-13-2019 by Ord. No. 12-19]

Township Administrative Officer.

Two members of the Township Committee of the Township of Harding, appointed by the Township Committee.

One representative from each of the Planning Board, the Environmental Commission and the Shade Tree Commission, to be appointed by the Township Committee.

A minimum of three citizens and no more than five citizens of the Township to be appointed by the Township Committee to serve at large.

Terms of office.

[Amended 5-13-2019 by Ord. No. 12-19]

The Administrative Officer shall serve as a member of the Open Space Trust Committee as long as he or she is employed by the Township in the capacity of Township Administrative Officer.

The member of the Township Committee appointed to the Open Space Trust Committee shall have a term of one year.

The representatives of the Planning Board, Environmental Commission and Shade Tree Commission shall serve for a term of one year.

The citizens of the Township appointed by the Township Committee shall have a term of three years.

Powers and operating procedures.

Officers. The Open Space Trust Committee shall select from among its members a Chairman and a Vice Chairman to serve as the presiding officer in the absence of the Chairman. The Committee shall also select a Secretary whose function shall be to maintain minutes of the Committee's meetings and records of its proceedings.

Initial organization meeting. The Open Space Trust Committee shall hold its initial organization meeting within 60 days after the final adoption of this section.

Meetings. The Open Space Trust Committee shall hold public meetings, which public meetings shall be held in accordance with the Open Public Meetings Act.[1]

Editor's Note: See N.J.S.A. 10:4-6 et seq.

Procedures. The Open Space Trust Committee shall determine the criteria which are to be used in analyzing properties for possible acquisition or receipt by gift by the Township, whether in fee, by easement or by means of development rights. From time to time, the Committee is to advise the Township Committee of properties which it has determined meet the criteria and might be suitable for acquisition. The Township Committee shall determine which properties, easements or development rights should be acquired or received by gift. After selection of the lands, easements or development rights as hereinabove provided, the Township may proceed to acquire by gift, purchase or by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq. the identified lands, easements or development rights within the financial constraints established by the Township Committee.

[Amended 5-13-2019 by Ord. No. 12-19]

The Open Space Trust Committee shall prepare or direct to be prepared a management plan for each property owned by the Township and identified on the Recreation and Open Space Inventory. Such plan shall describe the management goal(s) for each property and the method(s) to achieve each of the identified goal(s). For properties jointly owned with another entity, the management plan shall be prepared jointly by all owners. The Township Committee shall review and approve each plan, including making such amendments or revisions as the Township Committee deems necessary at the time of approval.

[Added 5-13-2019 by Ord. No. 12-19]

The Open Space Trust Committee shall prepare and submit to the Township Committee, by October 15 of each year, the goals and objectives for the following year beginning January 1. The Township Committee shall review the proposed goals and objectives and, if necessary, revise and then return the final goals and objectives to the Open Space Trust Committee by December 31 for implementation.

The Open Space Trust Committee shall prepare and submit to the Township Committee semiannual goal achievement progress reports.

The Open Space Trust Committee shall, before April 1 each year, prepare and submit to the Township Committee the prior year's goals and objectives achievement report.

For purposes of this § 7-37.1, maintenance of lands acquired for conservation and recreation purposes is also intended to include stewardship of lands acquired for conservation and recreation purposes. In that regard, based on the approval of the annual goals and objectives referenced herein, the apportionment of the annual levy for such purposes as provided in Subsection E(1) and (2) below, shall be determined by the Township Committee.

Funding.

There is hereby established a reserve in the Township's general capital fund which shall be known and designated as the "Open Space Trust Fund." A separate bank account shall be opened and maintained for this purpose. The Open Space Trust Fund shall be funded through the dedication to the fund of an amount not to exceed $0.05 per $100 of assessed valuation of each annual tax levy. The fund shall also be permitted to accept donations and testamentary bequests. The monies accumulated within the fund may be used for the following purposes, or any combination thereof:

Acquisition of lands for conservation and recreation purposes.

Maintenance of lands acquired for conservation and recreation purposes.

Acquisition of farmland for farmland preservation purposes.

Payment of debt service on indebtedness issued or incurred by the Township of Harding for the acquisition of lands for conservation and recreation purposes.

Historic preservation and the acquisition of historic properties, structures, facilities, sites or areas, to the extent of up to 10% of annual open space tax levies. Such amounts may be accumulated for this purpose or redirected to the other purposes authorized by Subsection E(1)(a) through (d) above.

§ 7-37.2 Recreation Advisory Committee.

The Township Committee shall determine the appropriate amount to be allocated to each purpose after conducting at least one public hearing thereon. Any and all interest or other income earned on monies in the fund shall be credited to the fund to be used for the above-described purposes.

Disposition of property or other interest in land. No property or interest in land acquired with funds from the Open Space Trust Fund shall be sold or otherwise disposed of by the Township until the disposition has been authorized by the Township Committee in accordance with N.J.S.A. 40:12-15.9 or any successor statute thereto.

[Amended 5-13-2019 by Ord. No. 12-19]

Review. Every three years the Township Committee shall review the activities of the Open Space Trust Committee and issue a report with recommendations and conclusions relating to the achievement of the goals and objectives identified.

[Amended 5-13-2019 by Ord. No. 12-19]

Establishment. An advisory committee to be known as the "Recreation Advisory Committee" is established to assist and advise the Township Committee with respect to sports and recreational activities involving the youth of the Township.

Membership. The Recreation Advisory Committee shall consist of the following members:

The President of the Harding Township Recreation Association, who shall further serve as Chair of the Recreation Advisory Committee.

The Treasurer of the Harding Township Recreation Association.

§ 7-37.3 Shade Tree Advisory Committee.

A member of the Township Committee to be appointed by the Township Committee.

Terms. The terms of the members shall be fixed by the terms of their office which entitles them to membership on the Recreation Advisory Committee.

Establishment. An advisory committee to be known as the "Shade Tree Advisory Committee" is established to assist and advise the Township Committee and Township departments with respect to the planting of trees and shrubbery in public places owned, leased or managed by the Township. In addition, the Shade Tree Advisory Committee shall assist and advise Township boards and commissions in matters related to plantings on public and private property that may come under the responsibilities of such Township boards and commissions.

[Amended 7-11-2022 by Ord. No. 07-2022]

Membership.

The voting membership of the Committee shall consist of one representative from each of the following organizations:

The Harding Township Environmental Commission.

[Amended 7-11-2022 by Ord. No. 07-2022]

The Harding Township Historical Society.

The New Vernon Garden Club.

[Amended 7-11-2022 by Ord. No. 07-2022]

In addition, the following individuals shall serve as voting members on the committee:

The Township Administrator or designee.

[Amended 7-11-2022 by Ord. No. 07-2022]

The Director of Public Works.

[Amended 7-11-2022 by Ord. No. 07-2022]

One representative from the general population of the Township.

Arborist or other certified tree expert.

[Added 7-11-2022 by Ord. No. 07-2022]