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Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
A. 
Establishment and authority. There shall be a Municipal Court in the Township pursuant to the provisions of N.J.S.A. 2A:8-1 et seq.,[1] to be known as the "Municipal Court of the Township of Lower." Said Court shall have all functions, powers, duties and jurisdiction conferred by the aforementioned statute.
[1]
Editor's Note: N.J.S.A. 2A:8-1 et seq. was repealed by P.L. 1993, Ch. 293. See now N.J.S.A. 2B:12-1 et seq.
B. 
Municipal Judge. The Judge shall be appointed by the Township Council for a term of three years from the date of appointment and until his successor is appointed and qualified. The Judge shall be an attorney at law of the State of New Jersey, and a resident thereof, but need not be a resident of the Township. He shall not practice law in the Municipal Court of Lower, nor upon appeal from such Court. He shall be paid an annual salary fixed by ordinance, in lieu of any and all other fees.
C. 
Municipal Court employees. The Municipal Court shall have a Court Clerk and such other employees as may be authorized. They shall be appointed, and may be removed, by the Township Manager pursuant to civil service requirements, and Township personnel regulations, and shall be paid in accordance with the annual Salary Ordinance. They shall have such other duties as are prescribed by law and regulations.
There shall be a Zoning Board of Adjustment for the Township which shall be created pursuant to, and have such powers as are provided in, N.J.S.A. 40:55D-1 et seq., and by other ordinances of the Township pertaining to land use.[1] All members and alternate members of said Zoning Board of Adjustment shall be appointed upon resolution of the Council.
[1]
Editor's Note: See Ch. 400, Land Development.
There shall be a Planning Board for the Township of Lower, which shall be created pursuant to, and shall have such powers as are provided by, N.J.S.A. 40:55D-1 et seq., and by other ordinances of the Township pertaining to land use.[1] All positions on the Planning Board shall be filled pursuant to N.J.S.A. 40:55D-23.
[1]
Editor's Note: See Ch. 400, Land Development.
The Council shall serve as the municipal issuing authority and shall be the issuing authority for the Township, and shall assume all duties, powers and functions as conferred upon it by N.J.S.A. 33:1-1 et seq.
There shall be a Township Municipal Utilities Authority created pursuant to N.J.S.A. 40:14B-1 et seq., and by other ordinances of the Township pertaining thereto.[1] All members of said Township Municipal Utilities Authority shall be appointed by the Township Council.
[1]
Editor's Note: See Ch. 67, Municipal Utilities Authority.
[Amended by Ord. No. 2002-19]
There shall be a Recreation Advisory Board for the Township of Lower created pursuant to Township ordinance.[1] Said Board shall be advisory in nature, and all members shall be appointed by the Township Council.
[1]
Editor's Note: See Ch. 106, Recreation Advisory Board.
[Amended by Ord. No. 2002-19]
There shall be an Environmental Commission for the Township of Lower created pursuant to N.J.S.A. 40:56A-1 et seq., and by other ordinances of the Township pertaining thereto. All members of said Environmental Commission shall be appointed by the Mayor after consultation with the Township Council.
[Amended by Ord. No. 2002-19]
A. 
The Township Council may create such other nondepartmental boards and agencies as it may deem necessary and appropriate.
B. 
Nondepartmental boards and commissions shall be advisory to the Township Council, the Township Manager and/or Township departments as appropriate.
C. 
The Township shall provide staff assistance to all nondepartmental boards, authorities and agencies when needed, provided funds for same are available.
D. 
A member of Council may be appointed to any advisory board.
E. 
Any member of any board, authority or agency authorized under Article VII of this chapter may be removed by resolution of the Township Council if he or she shall be absent without a valid excuse from three consecutive meetings of the said board, authority or agency.
F. 
Pursuant to N.J.S.A. 40A:9-1.3, every member of any board, commission, authority or agency shall be a bona fide resident of the Township of Lower. Failure of any such member to maintain said bona fide residency shall be grounds for immediate removal.
[Amended by Ord. No. 87-14; Ord. No. 2002-19]
There shall be a Community Standards Review Board created pursuant to ordinances of the Township of Lower pertaining thereto.[1] All members of the Community Standards Review Board shall be appointed by the Township Council in accordance with the terms of said ordinances.
[1]
Editor's Note: See § 486-4, Community Standards Review Board.
[Amended by Ord. No. 2002-19]
There shall be a Local Assistance Board created pursuant to N.J.S.A. 44:8-114 et seq. and by other ordinances of the Township pertaining thereto.[1] All members of the Local Assistance Board shall be appointed by the Township Manager, upon the approval of the Township Council. The Welfare Director shall be appointed by the Local Assistance Board with his or her salary and term of office established by ordinance.
[1]
Editor's Note: See Ch. 52, Local Assistance Board.
[Amended by Ord. No. 87-22; Ord. No. 2002-19]
There shall be a Cable Television Advisory Board which shall consist of seven members and two alternates to be appointed by the Township Council to serve without compensation. The first four new appointees shall serve two-year terms to expire on December 31, 1990. The remaining new appointees shall serve one-year terms to expire on December 1989. All subsequent appointees shall serve two-year terms commencing on January 1. The first appointed alternate shall serve two-year terms terminating December 31, 1990. The remaining alternate shall serve a one-year term expiring December 31, 1989. All subsequent alternates shall serve two-year terms commencing on January 1. Said Board will establish guidelines and make recommendations concerning the cable television franchise application/renewal process, while also reviewing and monitoring any franchise awarded.
[Amended by Ord. No. 88-20; Ord. No. 89-2; Ord. No. 2002-19; 3-16-2009 by Ord. No. 2009-03; 3-21-2011 by Ord. No. 2011-06]
A. 
There is hereby created the Citizens' Advisory Board of Lower Township, hereafter known as "CAB."
B. 
The purpose of the CAB shall be to provide advice to the Mayor and Council regarding short- and long-range planning for the improvement of Lower Township. The CAB shall give consideration to and make recommendations with regard to the following matters:
(1) 
What goals should the Township seek to accomplish within the next 10 years?
(2) 
What is the best method to address concerns submitted by the Mayor and Council?
(3) 
What is the best method to address concerns submitted by residents?
(4) 
What steps or actions should the Township take to attain these goals?
C. 
The CAB shall consist of 10 members representing a cross section of the Township's various social and economic groups who shall serve without compensation. The Mayor and each member of Council shall each appoint two members, one of whom shall be the Chairperson. All members of the CAB shall be appointed for a two-year term expiring December 31 following each general election at which the Mayor and/or Council are elected. The initial CAB may be appointed at any time after the effective date of this section. One out of each of the two members appointed, respectively, by the Mayor or members of Council, shall be appointed for an initial term to expire on December 31, 2011, and one shall be appointed for an initial term to expire on December 31, 2012. At the end of these respective initial terms, CAB members shall then be reappointed or replaced and the subsequent terms shall be for two years for all members upon appointment or reappointment. The CAB members selected by members of Council elected from wards shall be residents of those respective wards. The selections of the Mayor and Deputy Mayor shall be residents of the Township. The CAB may invite and include in discussion, without any right to vote, any person the CAB feels will aid its mission, without regard to the residency of such person(s).
(1) 
Vacancies in any member's term shall be filled for the remainder of the appointee's term and shall be filled by the Mayor or Councilmember who originally made the appointment.
(2) 
Reappointment of any member shall be at the discretion of the Mayor or Councilmember who made the original appointment.
(3) 
The Mayor, Council and/or Township Manager shall address questions or suggestions, upon the approval of the Mayor and Council, as a body, to the Chairperson of the CAB in writing or via e-mail for potential action by the CAB, but are not members of the CAB and have no standing at CAB meetings greater than or less than any other member of the public. The Chairperson shall include such questions or suggestions on an agenda of the CAB within a reasonable time of submission to the Chairperson.
D. 
The CAB shall meet at least monthly but may conduct additional meetings and shall conduct special meetings if requested by the Mayor, a member of Council or Chairperson, but only after notice either in writing or by e-mail to CAB members at least 48 hours in advance.
E. 
CAB members may have only two consecutive excused absences from the regularly scheduled meetings and must attend at least 70% of all regularly scheduled meetings. Failure to maintain the required attendance may result in removal from the Board at the discretion of the Mayor or Councilmember who made the appointment.
F. 
The Chairperson and Secretary shall be selected by the members of the CAB and shall have the authority to establish committees to consider specific issues which have been identified by the CAB. Such committees shall make any reports as needed or requested by the CAB.
G. 
The secretary shall prepare the CAB minutes after each meeting and submit them for approval at the next regular meeting. A copy of the monthly minutes shall be delivered in writing or via e-mail to the Township Clerk for distribution to the Manager, Mayor and Council.
H. 
The CAB shall send a representative to the second monthly meeting of Mayor and Council in the months of March, June and September and shall present an annual report to the Mayor and Council at the first Council meeting in February, reflecting the CAB's work of the prior year.
I. 
Although not a "public body" under the Open Public Meetings Act,[1] all meetings of the CAB at which a quorum is present shall be advertised and held open to the public at the Township general meeting room under the same procedures and requirements of the Open Public Meetings Act.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
J. 
Any member of the CAB, with at least 48 hours notice, in writing or via e-mail, of the meeting at which such removal is to be acted upon, may be removed without cause by a majority of the other CAB members, but only upon the request for such removal by the member of the governing body making such appointment. In such event, the removed member's successor for the unexpired term shall be filled in the same manner as the original appointment under this section.