[Adopted 5-8-1973 by Ord. No. 638]
A local harbor and waterfront commission, to be known as the "Harbor Commission of Atlantic Highlands, New Jersey," be and the same is hereby created.
The Commission shall consist of seven persons, residents of the Borough of Atlantic Highlands, to be appointed by the governing body.
No fewer than two members of said Commission shall be members of the governing body, two of whom shall be appointed annually, and the remaining five members shall be appointed for the following terms:
Thereafter, all appointments, except the members of the governing body, who shall be appointed for the period of one year, shall be for the term of five years each, and the members shall serve until their successors are appointed and qualified.
[Amended 11-28-1978 by Ord. No. 739; 2-27-1990 by Ord. No. 960-90; 1-25-2012 by Ord. No. 01-2012]
The Commission shall organize annually on the first Wednesday after the Council reorganization meeting in January. The Commission shall have monthly meetings and such other meetings as may be determined by said Commission. The Chairman, Vice Chairman, Secretary, Chief Financial Officer/Treasurer, and Client Services Representative of the Commission shall be elected by the members of the Commission at its organization meeting each year.
The Client Services Representative shall receive all moneys payable to the Harbor Commission and deposit them in an account or accounts in the name of the Harbor Commission of Atlantic Highlands and shall make monthly reports to the governing body of receipts and disbursements showing the balances on hand. All disbursements shall be made only by the presentation of proper vouchers therefor and upon the checks authorized by the Commission, signed by the Chairman (or, in the Chairman's absence, the Vice-Chairman) and by the Chief Financial Officer/Treasurer (or, in the Chief Financial Officer/Treasurer's absence, the Client Services Representative).
The members of the Harbor Commission shall serve without compensation.
[Amended 12-14-1982 by Ord. No. 801; 2-19-1992 by Ord. No. 14-92]
The Commission shall be vested with the powers and duties defined and designated in § 5-7 of this article, but where the exercise of such powers or duties shall involve an expenditure, lease or transfer of property exceeding $2,500 in value, such action shall require the approval, by resolution, of the governing body of the Borough of Atlantic Highlands.
The powers and duties vested in said Commission be and the same are hereby defined and designated as follows:
With prior approval of the governing body, act on matters relating to the construction, erection, improvement, alteration and extension of any of the facilities, structures and property.
Provide for the maintenance, operation, use, management, regulation, control and supervision of wharves, piers, bulkheads, breakwaters, jetties, docks, slips, basins, docking facilities, beaches, harbors and harbor structures on the waterfront and property owned or leased by the Borough of Atlantic Highlands; regulate, fix, establish bulkhead and pierhead lines and the distances between piers on said waterfront, subject to the regulations of the United States and of this state, and make or cause to be made soundings, surveys and plans therefor and to keep records thereof.
Adopt and promulgate rules and regulations for the use of the harbor, waterfront, beach, land and all properties, structures, piers, bulkheads, breakwaters and jetties located upon lands owned or leased by the Borough.
Regulate the service and fix the rates to be charged for wharfage, dockage and the use of all facilities within said harbor, waterfront, beach and property located upon said land owned or leased by the Borough.
Engage such employees as it may deem necessary. Salaries shall be in accordance with the rates in the Salary Ordinance adopted annually by the governing body.
Subject to the approval, by resolution, of the governing body of the Borough of Atlantic Highlands and notwithstanding the requirements of section 14 of P.L. 1971, c. 199 (C. 40A:12-14), Public Lands and Buildings Law, the Commission may lease without public bidding, at such prices and upon such terms as it deems reasonable, any real or riparian property and the improvements thereon under its management, operation and control for a term not to exceed 20 years.
[Amended 2-19-1992 by Ord. No. 14-92]
Editor's Note: N.J.S.A. 40A12-14 requires public bidding to lease publicly owned lands. See P.L. 1991, c.374 (N.J.S.A. 40:68-24) for municipal power to adopt this provision.
Raise, recover, tow, remove, store, destroy, and dispose of vessels that have been abandoned in the harbor or waterfront, as appropriate, pursuant to the procedures applicable to municipal waterways in the Abandoned or Sunken Vessels Disposition Law (N.J.S.A. 12:7C-7 et seq.). A vessel that has been abandoned at a public or private boat dock, pier, or marina is considered abandoned in the harbor or waterfront.
The authority granted to the Harbor Commission by this article shall extend to and include all property owned or leased by the Borough lying within the breakwater as presently located and all shore or other facilities used in conjunction with the operation of said harbor, but shall not extend to any other properties owned or issued by the Borough of Atlantic Highlands.