[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.
A.
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:
B.
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]
A.
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.
B.
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.
A.
The powers and duties vested in said Commission be
and the same are hereby defined and designated as follows:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.[1]
[Amended 2-19-1992 by Ord. No. 14-92]
[1]
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.
(7)
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.[2]
B.
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.
