The title of this chapter shall be known and
referred to as the "Administrative Code of the Township of Pemberton."
[Amended 11-5-2014 by Ord. No. 13-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTRATOR
The Township Business Administrator, duly appointed pursuant
to N.J.S.A. 40:69A-31 et seq.
ADVISORY BOARD OR COMMISSION
A body created by the Council and/or the Mayor not required
by state law which functions exclusively to make investigations and
provide recommendations on matters of public interest based upon community
input.
CLERK
The Municipal Clerk, duly appointed pursuant to applicable
state law.
COUNCIL
The local legislative body of the municipality, constituted
and elected pursuant to applicable state law.
DAY
A calendar day, or any part of a calendar day.
DEPARTMENT
An organizational component of government established or
designated in the Administrative Code as a "department" pursuant to
the authority of N.J.S.A. 40:69A-31 et seq.
DIRECTOR
The administrative head of a department appointed by the
Mayor with the advice and consent of the Township Council pursuant
to the authority of N.J.S.A. 40:69A-31 et seq.
GOVERNING BODY
The municipal council, as constituted pursuant to the authority
of N.J.S.A. 40:69A-31 et seq., in the Township of Pemberton and applicable
state law.
INDEPENDENT BOARD
Any agency or instrumentality of the municipal government
which is created pursuant to applicable state law by the Council by
ordinance and is not allocated or assigned within a department.
MAYOR
The person directly elected by the voters of the Township
to the position of Mayor.
MONTH
A calendar month, unless otherwise specifically provided.
MOTION
Any action of the governing body related to procedural or
parliamentarian matters not required to be reduced to writing by applicable
law, which may be finally passed at the meeting at which it is introduced.
MUNICIPALITY
The Township of Pemberton in the County of Burlington and
the State of New Jersey, or any corporate successor.
ORDINANCE
Any act or regulation as authorized by N.J.S.A. 40:69A-1
to 210 and other applicable law, heretofore or hereafter adopted by
the governing body, required to be reduced to writing, read at more
than one meeting thereof, published, and adopted subsequent to public
notice and a public hearing thereon.
PERSON
A corporation, firm, partnership, association, organization
or other entity, as well as an individual.
PRESIDENT
The person elected by the Council to serve as President of
the Council.
RESOLUTION
Any act or regulation of the governing body as authorized
by N.J.S.A. 40:69A-1 to 210 and other applicable law, required to
be reduced to writing, but which may be finally passed at the meeting
at which it is introduced.
WRITING or WRITTEN
Includes any printing, typewriting, telefacsimile or any
mode of communication set forth on paper or similar material which
is in general use, and legible handwriting.
YEAR
A calendar year, unless otherwise specifically provided.
For the purposes of the Administrative Code
and any other ordinances which were heretofore or are hereafter adopted,
except as the context may otherwise require, the following constructions
shall apply:
A. The present tense includes the past and future tenses.
B. The masculine gender includes the feminine and neuter.
C. The singular number includes the plural, and the plural
number includes the singular.
D. The time within which an act is to be done shall be
computed by excluding the first and inputting the last day, and if
the last day is a Sunday or legal holiday, the day shall be excluded.
E. The terms "shall" and "will" are interpreted to mean
"mandatory"; the term "may" is interpreted to be permissive and/or
discretionary.
[Amended 11-5-2014 by Ord. No. 13-2014]
Temporary appointments to positions that require the advice
and consent of the Council pursuant to applicable state law shall
not be made without the express authorization of the Township Council
except that the Mayor may designate a current Township employee to
perform the duties of a vacant position unless applicable law precludes
such designation.
[Amended 11-5-2014 by Ord. No. 13-2014]
The removal of members of independent boards or agencies shall
be subject to controlling provisions of applicable state law including
but not limited to N.J.S.A. 40A:9-12.1. It is not the intent of this
section to prevent the Mayor from removing members of independent
boards or agencies without the advice and consent of the Council if
the appointment did not require the advice and consent of the Council.