Article VIII Other Departments

There shall be a Department of Community Development, the head of which shall be the Director of Community Development. The Director shall be appointed by the Mayor with the advice and consent of the Township Council in accordance with N.J.S.A. 40:69A-43. The Director shall serve during the term of office of the Mayor appointing the Director, and until the appointment and qualification of his or her successor. In the absence of a Director of Community Development, the Business Administrator or his or her designee may serve as the Director.

Duties of the Director. Under the general direction of the Mayor and Business Administrator, the Director is responsible for organizing, directing and coordinating activities of the divisions assigned within the Department of Community Development. The Director's responsibilities include, but are not limited to, the following:

Plans, develops, implements, and evaluates the Department's goals, objectives, policies, procedures, and programs;

Interprets laws and regulations;

Ensures that the Department's activities are in compliance with all laws, policies and regulations;

Monitors and directs the Department's operations; evaluates issues, and recommends solutions; prioritizes and assigns projects; identifies and communicates strategies, goals and objectives; assures a productive work environment; assures that effective communications occurs; assures project deadlines and performance standards are met.

Effectively manages the Department's personnel by evaluating and analyzing Department issues, and recommending and implementing solutions;

(f)

Participates in the hiring and training of new employees; develops staff skills; listens and responds to employee problems, concerns, and complaints and suggests solutions that may rectify the situation; prepares employee performance evaluations, discusses performance with assigned staff, and counsels employees concerning performance improvements; disciplines employees when necessary;

(g)

Provides leadership, direction and guidance in financial and technical strategies and priorities for Department of Community Development operations, budget preparation and execution, purchasing, personnel, reports, and correspondence in administration of projects involving state and federal funds; evaluates needs and determines resource requirements and objectives for the Department;

(h)

Functions as an advisor to the Mayor and Business Administrator in matters concerning community development;

(i)

Keeps the Mayor and Business Administrator and appropriate management staff members informed of important developments which may affect the administration of the Township government;

(j)

Maintains current knowledge of innovative ideas and developments and recommends changes in current operations and practices where applicable;

(k)

Attends meetings of boards and commissions when requested;

(l)

Prepares an annual Department budget request, with appropriate justifications and aids in the development of the proposed annual Township budget;

(m)

Administers the Department's budget;

(n)

Makes public presentations and deals with the public on an individual basis;

(o)

Gives presentations to civic and governmental organizations when requested;

(p)

Answers citizen calls and complaints;

(q)

Administers applicable union contracts and personnel policies and procedures;

(r)

In the absence of the Zoning Officer may serve as the Zoning Officer;

(s)

In the absence of a Township Planner may serve as Township Planner.

(t)

In the absence of the Urban Enterprise Zone Coordinator may serve as the Coordinator;

Compensation. Compensation of the Director shall be set within the range established by the Township's salary ordinance.

Division of Construction Code Enforcement.

Establishment. Within the Department of Community Development there shall be a Division of Construction Code Enforcement, the head of which shall be the Construction Official.

Composition; duties. Within the Division of Construction Code Enforcement, the following positions shall be created: Construction Official, Building Subcode Official, Plumbing Subcode Official, Fire Protection Subcode Official, Electrical Subcode Official, Mechanical Subcode Official, Elevator Subcode Official, and Technical Assistant to the Construction Official. All of said positions shall be governed by the provisions of the Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., and any and all rules and regulations promulgated thereunder. In addition, the Construction Official shall be responsible for enforcing such municipal ordinances as may be directed by ordinance, including but not limited to, the Township's ordinance regulating and licensing building contractors within the Township and Township ordinances regulating and providing for construction code fees as authorized by the state Uniform Construction Code Act.

The subcode positions created hereunder may be filled through third party contracts in accordance with the New Jersey Uniform Construction Code Act and the NJ Administrative Code.

Division of Property Inspections.

Establishment. Within the Department of Community Development there shall be a Division of Property Inspections.

Composition; duties. Code Enforcement Officers shall have responsibility for the administration and enforcement of codes and ordinances and shall have all the powers, functions and duties prescribed by general law and ordinances. Code Enforcement Officers shall be under the direct supervision of the Director.

Division of Planning. There is hereby established within the Department of Community Development a Division of Planning which shall be headed by the Director of Community Development or a Township Planner appointed by the Mayor through an annual professional services contract approved by the Township Council.

Township Planner; qualifications and compensation. The Township Planner shall hold a master's degree in planning and shall have three years' experience in a city or regional planning or a B.A. degree in planning or a related field and five years' experience in city or regional planning. He shall be compensated in accordance with the terms of a contract approved by the Township Council by resolution.

Powers and duties. The Township Planner, under the direct supervision of the Director of Community Development, the Business Administrator, and the Mayor, shall:

Serve as technical planning advisor to the Mayor and the Township Council, the Planning Board and Zoning Board, conducting such studies as requested.

Receive plans of proposed subdivisions of land within the Township. The Planner shall check such plans for conformity to sound planning principles, recommend redesign of subdivisions and make studies of land subdivision in an attempt to integrate subdivisions with overall plans of the Township.

Receive plans of proposed development within the Township and, along with the appropriate land use engineer, review site plans for site design and coordination of surrounding properties and, along with the appropriate land use board engineer, recommend redesign of site plans.

Study and analyze matters such as but not limited to transportation, land use, natural and human resources, housing and capital improvements, and prepare and submit findings and recommendations to the Mayor and Township Council, Planning Board and Zoning Board.

Recommend and assist in the writing of amendments to zoning ordinances, subdivisions ordinances, the Township's Master Plan and other development, conservation and planning regulations and ordinances.

(f)

Review and analyze the ordinances and plans of surrounding municipalities, counties, and the state. The Planner shall analyze and report on the proposed development in adjacent municipalities as it may affect the Township.

Division of Zoning Enforcement.

Establishment. Within the Department of Community Development there shall be a Division of Zoning Enforcement, the head of which shall be the Zoning Officer.

Composition; duties. The Zoning Officer shall be responsible for enforcing the provisions of the Township's land use ordinances and other applicable ordinances as may be assigned by the Director. The Zoning Officer shall issue or deny applications for zoning permits pursuant to N.J.S.A 40:55D-70a and b and is the official who shall be authorized to issue nonconforming use and structure certifications pursuant to N.J.S.A. 40:55D-68. Additionally, the Zoning Officer shall be responsible for inspecting properties within the municipality for violations or, upon being advised of the existence of a violation, shall issue orders to the owners of the property to cease and desist from such violations or, where other means fail, file a complaint in the Municipal Court for a violation of the ordinance. Code Enforcement Officers may be assigned to perform zoning inspections and to perform such zoning enforcement duties as may be prescribed by the Director of Community Development.

Urban Enterprise Zone Office; Zone Coordinator.

Creation of position. There is hereby established within the Department of Community Development the position of Urban Enterprise Zone Coordinator. The Director of Community Development may be designated to serve as Urban Enterprise Zone Coordinator.

The Urban Enterprise Zone Coordinator, in accordance with the Zone Development Plan submitted by the Township to the Urban Enterprise Zone Authority, shall report and be responsible to the Mayor.

Responsibilities; duties. The Urban Enterprise Zone Coordinator (hereinafter "Coordinator") shall administer, promote and implement the Pemberton Township-Browns Mills Town Center Urban Enterprise Zone Development Plan as outlined in the Enterprise Zone application filed by the Township with the New Jersey Urban Enterprise Zone Authority. The Coordinator shall be responsible for both promotional and public relations initiatives. The Coordinator will provide coordination and technical assistance to zone businesses and any other activities warranted in furtherance of zone development, employment creation objectives and Township redevelopment activities. The Coordinator will implement the strategies and policies set forth in the Enterprise Zone Development Plan and by the Township Council, acting in its capacity as the Enterprise Zone Development Corporation. The specific duties and responsibilities of the Coordinator will include, but not necessarily be limited to, the following:

Zone business technical assistance.

Promote and assist new business and jobs creation, existing business expansion and retention in the Enterprise Zone.

Provide technical assistance and information regarding zone benefits.

[3]

Help advance economic development, job creation and retention objectives to the extent achievable.

[4]

Act as liaison between the Township Council, acting as Enterprise Zone Development Corporation, and zone businesses in evaluating individual needs and eligibility to receive available local, state and federal financing and tax incentives for jobs creation and retention and business creation, improvement, expansion and retention.

[5]

To the extent achievable, encourage participation of all zone businesses and qualified businesses for the benefits available in the Enterprise Zone Program.

[6]

Encourage coordinated efforts and zone area activities, including public and private initiatives, between and among Enterprise Zone residents, businesses, community organizations, church and civic groups, local, state and federal agencies towards achieving the highest level of participation of all interests in the Enterprise Zone Program.

[7]

Maintain a list of minority contractors and assist developers and expanding businesses in securing bid proposals from minority contractors and complying with equal employment opportunity requirements.

Enterprise Zone Development Plan (EZDP) administration.

Implement and administer the Enterprise Zone Development mission and Zone Development Plan in close cooperation with the Mayor and Township Council.

Make recommendations to the Mayor and Township Council regarding participation of zone businesses in zone programs based on business eligibility and needs.

[3]

Execute the policy and directives of the Township Council, acting as Zone Development Corporation, in the provision of assistance to qualified businesses in the zone.

[4]

Prepare periodic reports and provide supporting documentation to state agencies as may be required by the New Jersey Enterprise Zone Authority.

[5]

Maximize the implementation of zone plans and zone benefits for the duration of the zone designation.

[6]

Convene meetings of the Township Council, in its capacity as Enterprise Zone Development Corporation, and report to it on all areas of operation and activities engaged in by the Coordinator.

Regulatory advocacy and assistance to businesses.

Assist Enterprise Zone qualified businesses in the processing of planning and zoning applications as may be required to implement the zone development plan and effectuate Urban Enterprise Zone (UEZ) goals and objectives.

Work with the Planning Board and Zoning Board of Adjustment in the evaluation of zone development regulations and identification of procedures and areas of concern requiring modification, where possible, which serve as barriers to investment and job creation.

Jobs Bulletin EZDP Referral Service Employment Program/on-the-job training employee education and outreach.

Maintain jobs referral lists and help coordinate the placement of underemployed, unemployed and persons receiving public assistance in qualified zone businesses.

Coordinate job training and worker education resources of various agencies and foster linkage of the resources to existing and potential employment situations and opportunities in the Enterprise Zone.

Public relations long-range planning.

Conduct public relations and outreach activities and other EZDP efforts to attract and secure public and private investment for business and job creation in the Enterprise Zone.

Coordinate the needs of the business community, Enterprise Zone Neighborhood Association, municipal services, etc., in conjunction with the Enterprise Zone Development Plan objectives.

Compensation. The Urban Enterprise Zone Coordinator shall be paid within the range established by the Township's salary ordinance.

Regional Contribution Agreement (RCA) Program. The RCA Program shall be assigned within the Department of Community Development. The Director of Community Development shall serve as Municipal Housing Liaison (MHL)/Regional Contribution Agreement (RCA) Administrator and shall be the employee responsible for oversight and administration of the affordable housing program for the Township of Pemberton and any RCA it enters into, and shall have such further duties as prescribed by general law and ordinance.

Coordination; liaisons. The Director of the Department of Community Development shall coordinate with the Planning Board, Zoning Board of Adjustment, and the Environmental Commission. In addition, the Director may be assigned to serve as a liaison to the Citizens Advisory Board for the Enforcement of the Property Maintenance Code.

§ 3-26 Police Department.

[Amended 11-5-2014 by Ord. No. 13-2014]

Department established. There shall be established within the Township of Pemberton a Police Department created pursuant to the provisions of N.J.S.A. 40:69A-31 et seq., N.J.S.A. 40A:14-118 et seq., and as set forth in Chapter 41 of the Code of the Township of Pemberton and any amendments thereto.

§ 3-27 Municipal Court.

Established powers. There shall be a Municipal Court in the Township pursuant to the provisions of N.J.S.A. 2A:8-1 et seq., as amended and supplemented,[1] to be known as the "Municipal Court of the Township of Pemberton." The Municipal Court shall have a seal bearing the impress of the name of the Court. The Court shall be held in the Municipal Building of the Township or other such place as the Township Council shall designate from time to time and shall exercise all the functions, powers, duties and jurisdiction conferred upon municipal courts by the provisions of state law.

Editor's Note: N.J.S.A. 2A:8-1 et seq. was repealed by c. 293, P.L. 1993. See now N.J.S.A. 2B:12-1.

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 Council. He 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 jurisdictions conferred by state statute or by general law or ordinance. The Municipal Judge shall be compensated in accordance with the salary ordinance.

Municipal Court Administrator. There is hereby established the position of Municipal Court Administrator ("Administrator"), which position shall be appointed by the Mayor with the advice and consent of the Council. The term of the Municipal Court Administrator shall be two years; appointments to fill vacancies shall be for the unexpired term. The Administrator shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to the municipal courts and by the Municipal Judge. The Administrator shall be answerable to the Assignment Judge of Burlington County, and the Pemberton Township Municipal Magistrate with regard to the operations of the Pemberton Township Municipal Court. The Administrator shall manage said Municipal Court, and her duties shall include, but not be limited to:

[Amended 6-5-1997 by Ord. No. 13-1997]

Plan, develop, coordinate and implement procedures for the efficient and effective operation of the Court.

Establish and coordinate the Court calendar.

Maintain the financial records of the Court, and monitor Court accounting and auditing and oversee the maintenance of property controls and inventories; receive and disburse bail, fines, costs and other Court revenues; prepare the budget applicable to the Municipal Court; serve as custodian of all other records of the Municipal Court; and attend annual budget meetings with the Judge and department heads.

Handle and receive criminal and other complaints, interview and speak with prospective complainants and dispense information relating to court matters.

(5)

Attend Court, take minutes of trials and enter them in the docket, sign Court documents and prepare and issue warrants and commitments.

(6)

Take and prepare bail bonds, making inquiry as to their sufficiency and equity, and receiving an accounting for fines and costs.

(7)

Interview persons on informal police Court matters to determine if there is a basis for formal action and, if necessary, issue summonses regarding Court appearances in this regard; maintain and classify records and files.

(8)

Provide instructions to office staff on activities related to the implementation of Court rules, state statutes, local ordinances and local Court policies; provide and/or arrange for training for all office staff and their respective functions; assign duties to Court personnel and supervise and evaluate their performance.

(9)

Maintains and/or supervises the filing of complaints, processes, Court records, cash books, Court dockets, traffic control sheets, statistical records, reports and files.

(10)

Perform any and all other such duties, requirements and obligations promulgated by the Administrative Office of the Courts of the State of New Jersey or any other entity or agency having jurisdiction over these duties and responsibilities.

Deputy Clerk of the Court. There shall be appointed by the Mayor, with the advice and consent of the Council, a Deputy Clerk of the Court, who shall perform the functions assigned to him by the Municipal Judge, the Municipal Court Clerk and, where applicable, the Administrative Office of the Courts.

§ 3-28 Township Clerk.

Appointment. There shall be an office of the Clerk, the head of which shall be the Township Clerk. The Clerk shall be appointed by the Township Council and shall, prior to appointment, be qualified by training and experience to perform the duties of this office in accordance with N.J.S.A. 40A:9-133 et seq., P.L. 1985, c. 174, and any amendments thereto. The Clerk shall serve for a term of three years in accordance with law.

Powers and duties of the Township Clerk shall be as follows:

Clerk to the Council. The Clerk shall:

Ensure that the minutes and the records of the proceedings of the Township Council are kept and submitted to the Council in a timely fashion.

Preserve and compile all ordinances and resolutions, and at the close of the year, with the advice and assistance of the Township Attorney, compile, codify and bind all ordinances and resolutions then in effect and properly index such compilations or codification and provide for its publication.

Provide secretarial and clerical services for the Council members and the discharge of their official duties.

Ensure the publication of all ordinances in such official newspaper or newspapers as may be required by law and authorized by resolution of the Township Council and file in his office the affidavits of publication of such publications.

Issue and deliver, with the assistance of the Police Department, all notices of meetings required to be given to the Council.

(f)

Administer and record oaths of public office.

(g)

Maintain a record of all real property which the Township may acquire, sell or lease. The records shall be in such form and contain such information as the Division of Local Finance and Community Affairs of the State of New Jersey shall prescribe.

(h)

Perform such other related duties of the Township Council and/or Mayor as directed by the Township Council.

Custodian of Records. The Clerk shall act as Custodian of Records for all official books, papers and documents of the municipality for which no other repository is provided by law, and preserve and keep them safely.

Custodian of the Seal. The Clerk shall act as Custodian of the Township Seal and cause it to be affixed to instruments and writings when specifically authorized by law 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 be a true copy of any public recording or proceeding.

Issue licenses.

Under the supervision of the Mayor, the Clerk shall administer regularly issued licenses and permits pursuant to ordinance and law with the assistance of any appropriate enforcing agencies required for such administration.

Under the supervision of the Council, the Clerk shall administer all alcoholic beverage licenses issued pursuant to the provisions of N.J.S.A. 33:1-1 et seq.; all trailer park/mobile home licenses; all parade permits; and all junkyard licenses.

(5)

Municipal Improvement Search Officer. The Clerk shall act as Municipal Improvement Search Officer charging and receiving for the use of the municipality such fees for searches, transcripts and certifications as shall be authorized by Council resolution. Further, the Clerk shall make examinations and issue assessment search certificates with respect to liens for municipal assessments or improvements approved but not yet certified.

(6)

Clerk of Elections. The Township Clerk shall act as Clerk of Elections, performing all functions required by the general law under Title 19 of the New Jersey Revised Statutes to be performed by the Municipal Clerk and, in this connection, receive for municipal use the fees prescribed therefor.

(7)

Other. The Clerk shall perform such other duties as the Council by resolution or ordinance shall provide.

Deputy Clerk. There may be a Deputy Clerk appointed by the vote of the Township Council, who shall serve with full powers of the Township Clerk during the absence of the Township Clerk.

§ 3-29 Planning Board.

There shall be established within the Township of Pemberton a Planning Board organized pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, and specifically N.J.S.A. 40:55D-23. Said Board shall consist of nine members and two alternate members. Members shall be appointed pursuant to the provisions of N.J.S.A. 40:55D-23; alternate members shall be appointed pursuant to the provision of N.J.S.A. 40:55D-23.1. The Board shall have such powers and perform such duties as are delegated to it by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

§ 3-30 Zoning Board of Adjustment.

There shall be created within the Township of Pemberton a Zoning Board of Adjustment pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and specifically N.J.S.A. 40:55D-69. The Zoning Board shall consist of seven members and two alternate members, who shall be appointed by the Mayor with the advice and consent of the Township Council. The Zoning Board of Adjustment shall possess such powers and perform such duties as are delegated to it by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

§ 3-31 Environmental Commission.

There shall be established within the Township of Pemberton an Environmental Commission organized in accordance with the provisions of N.J.S.A. 40:56A-1 et seq. Said Commission shall consist of seven members who shall be appointed by the Mayor in accordance with the provisions of N.J.S.A. 40:56A-1 et seq. Said Commission shall have the duties, powers and authority afforded it under state statute.

§ 3-32 Fire and Emergency Services Department. [1]

[Added 2-6-2019 by Ord. No. 6-2019]

Department established. There shall be established within the Township of Pemberton a Fire and Emergency Services Department created pursuant to the provisions of N.J.S.A. 40:69A-31 et seq., N.J.S.A. 40A:14-118 et seq., and as set forth in Chapter 25 of the Code of the Township of Pemberton, and any amendments thereto.

Editor's Note: Former § 3-32, Local Assistance Board, as amended, was repealed 11-5-2014 by Ord. No. 13-2014.

§ 3-33 (Reserved). [1] [2]

Editor's Note: Former § 3-33, Municipal Utilities Authority, as amended, was repealed 10-2-2019 by Ord. No. 7-2019. See now the Sewage Division of the Department of Public Works.

§ 3-34 Department of Recreation and Senior Services.

Editor's Note: Former § 3-33.1, Director of Redevelopment/Urban Enterprise Zone Coordinator, added 12-5-1996 by Ord. No. 32-1996, as amended, which immediately followed this section, was superseded 3-21-2012 by Ord. No. 5-2012. See now § 3-25, Department of Community Development.

[Added 2-7-2002 by Ord. No. 1-2002[1]; amended 11-5-2014 by Ord. No. 13-2014]

Department established; Director. There shall be a Department of Recreation and Senior Services, the head of which shall be the Director of Recreation and Senior Services. The Director of Recreation and Senior Services shall be appointed by the Mayor with the advice and consent of the Township Council.

Powers and duties. The Director of Recreation and Senior Services shall be responsible for, and shall devote full time and attention to the proper and efficient conduct of all recreation and senior service programs and activities in the municipal government, and under the direction and supervision of the Mayor, shall direct and supervise the work of the Department. The Director shall:

Plan, promote and implement comprehensive recreation programs including the public relations and advertising needs of the Department.

Plan, organize and direct all park and recreation programs, services and facilities and develop organizational structures for all seasonal staff and volunteers, including planning, developing and promoting programs and activities designed for participation by senior citizens and other special interest groups.

Develop, recommend, and oversee the Department's annual operating budget; request the expenditure of same, and maintain records and reports relating to all expenditures.

Develop a working relationship with the Superintendent of Public Works and Supervisor of Buildings and Grounds to coordinate short- and long-term planning for the maintenance and operation of all Township parks, recreational facilities and equipment.

(5)

Develop a working relationship with the Chief of Police to ensure the protection of all Township recreational facilities.

(6)

Encourage and maintain cooperative planning and working relationships with local community groups, businesses and governmental agencies.

(7)

Assess the performance of the Department; evaluate the performance of personnel; recommend policies and procedures to improve the effectiveness and efficiency of the recreation and senior services provided to the residents of Pemberton Township.

(8)

Identify, research and write grant applications relating to the Township's Recreation and Senior Services Program.

(9)

Provide the Administration with a monthly report of all Recreation and Senior Services in Pemberton Township.

Qualifications. The qualifications necessary for a person to be appointed to the position of Director of Recreation and Senior Services shall be as follows:

Education.

Graduation from an accredited college or university with a bachelor's degree.

Applicants who do not meet the educational requirement may substitute additional work experience as described below, on the basis of one year of such experience being equal to 30 semester hour credits.

Experience.

Two years of experience in recreation work involving the planning, promotion, development, and supervision of recreation programs;

A specific bachelor's degree in recreation or in park and recreation management from an accredited college or university may be substituted for one year of experience.

Possession of a master's degree in recreation or in parks and recreation management from an accredited college or university may be substituted for one year of the above-required work experience.