[HISTORY: Adopted by the Borough Council of the Borough of Beach Haven 12-13-2010 by Ord. No. 2010-26. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 10.
Fire Company — See Ch. 12.
Land use administration — See Ch. 19.
Police Department — See Ch. 30.
Sewerage Authority — See Ch. 38.
Shade Tree Commission — See Ch. 40.
Historic Preservation and Advisory Commission — See Ch. 41.
Site plan review — See Ch. 167.
Subdivision of land — See Ch. 179.
Zoning — See Ch. 212.
A. 
Title. This chapter may be cited as the "Administrative Code of the Borough of Beach Haven," and is herein referred to as the "Code."
B. 
Council-Manager plan established. Pursuant to the vote of the electorate of the Borough of Beach Haven on November 3, 2009, in accordance with N.J.S.A. 40:69A-15 providing for adoption of an optional municipal charter as recommended by the duly established Charter Study Commission, the form of government in the Borough of Beach Haven from and after July 1, 2010, is hereby established as the Council-Manager Plan pursuant to N.J.S.A. 40:69A-81 et seq., the Optional Municipal Charter Law.
C. 
Continuation of pending actions. All actions and proceedings of a legislative, executive or judicial character which are pending on the effective date of this chapter shall continue, and the appropriate officer or employee under this chapter shall be substituted for the officer or employee exercising or discharging the function, power or duty involved in the action or proceeding.
D. 
Failure to include mandatory or optional statutory provisions herein. The noninclusion of specific mandatory provisions of the Optional Municipal Charter Law or any general law in the Charter or in this Administrative Code, or the failure to include any specific reference thereto, shall not be construed to mean the elimination or nonapplicabality of said law within the Borough of Beach Haven, except where options available to the Borough under the Optional Municipal Charter Law have not been specifically chosen by the Borough of Beach Haven.
E. 
Provision contrary to law. In the event that any provision of this Code is contrary to any statute, the statute shall prevail and the conflicting provision in this Code shall be a nullity.
A. 
Borough Council membership. The Borough Council shall consist of five Borough Council members elected at large. A Mayor and Council President, who will conduct meetings in the absence of the Mayor, will be selected from amongst themselves.
B. 
Election of Borough Council; term of office. All Borough Council members shall be elected in the following manner:
(1) 
At the general election held on the first Tuesday after the first Monday in November commencing with the year 2012 and on alternate general election days thereafter. The term of office for Borough Council members and Mayor as provided herein shall commence on the first day of January next following their election.
[Amended 3-14-2011 by Ord. No. 2011-3C[1]]
[1]
Editor's Note: Section III of this ordinance provided that fixing election of Council members to be on the date of the general election the first Tuesday following the first Monday in November of alternate years commencing with November 2012 may not be changed nor repealed and the date of elections may not be returned to May until more than 10 years after the adoption of this ordinance, unless such change shall be authorized by acts of the New Jersey Legislature.
(2) 
At the first regular municipal election following the adoption of the Council-Manager Plan, five Borough Council members were elected at large for staggered terms. At the organization meeting of the first Borough Council, immediately following the election, the length of the respective term of each member of the first Borough Council was to be determined by lot. Two Borough Council members were designated to serve for four years, and three Borough Council members were designated to serve for two years.
[Amended 8-13-2012 by Ord. No. 2012-13C]
(3) 
The office of Mayor and Council President shall be selected in the years in which municipal officers are to be elected.
(4) 
At each subsequent election, Borough Council members, whose terms are expiring, shall be elected at large and shall serve for a term of four years.
[Amended 8-13-2012 by Ord. No. 2012-13C]
(5) 
The Councilpersons in office on the date of the general election in November of 2012 shall be extended to January 1, 2013. Such Councilpersons shall serve until their successors have been elected, qualified and sworn into office on or before 12:00 noon January 1, 2015.
[Added 3-14-2011 by Ord. No. 2011-3C]
(6) 
After the November 2012 general election Councilpersons shall serve four-year terms commencing at 12:00 noon on January 1 following their elections.
[Added 3-14-2011 by Ord. No. 2011-3C]
C. 
Commissions and Council committees. The Borough Council may from time to time by resolution create, appoint to and establish the duties of commissions, committees and other bodies with advisory powers.
D. 
Appointments.
(1) 
Borough Council shall make the following appointments:
(a) 
Borough Manager.
(b) 
Borough Clerk.
(c) 
Borough Solicitor and such other legal counsel as the Borough Council may deem necessary.
(d) 
Municipal Judge.
(e) 
Municipal Prosecutor.
(f) 
Public Defender.
(g) 
Chief Financial Officer/Treasurer.
(h) 
Tax Assessor.
(i) 
Borough Engineer.
(j) 
Welfare Director.
(2) 
Borough Council shall make appointments to the following boards and commissions:
(a) 
Sewerage Authority.
(b) 
Shade Tree Commission.
(c) 
Class III Land Use Board members.
E. 
Powers and duties of the Borough Council.
(1) 
Policy. All powers of the Borough and the determination of all matters of policy shall be vested in the Borough Council except as otherwise provided by state or federal law.
(2) 
Specific powers and duties.
(a) 
The Borough Council shall continue or create and determine and define the powers and duties of such executive and administrative departments, boards and offices, in addition to those provided for herein, as it may deem necessary for the proper and efficient conduct of the affairs of the Borough, including the office of Deputy Borough Manager which shall not be included in the classified service under Title 11A of the New Jersey Revised Statutes. Any department, board or office so continued or created may at any time be abolished by the Borough Council.
(b) 
The Borough Council shall act in all matters as a body, and it shall be contrary to the spirit of this chapter for any of its members to seek individually to influence the official acts of the Borough Manager, or any officer, or for the Borough Council or any of its members to direct or request the appointment of any person to, or his or her removal from, office or to interfere in any way with the performance by such officers of their duties.
(c) 
The Borough Council and its members shall deal with the administrative service solely through the Borough Manager and shall not give orders to any subordinates of the Borough Manager, either publicly or privately.
(d) 
The Borough Council may appoint committees or commissions of its own or of citizens to conduct investigations into the conduct of any officer or department, or for any matter relating to the welfare of the Borough and delegating to such committees or commissions such powers of inquiry as the Borough Council may deem necessary.
(e) 
The Borough Council shall evaluate the Borough Manager, at least once annually, at a time to be determined in the discretion of the governing body, in order to determine his/her job performance. During interim times between Borough Council evaluations of the Borough Manager, any issues or problems with the Borough Manager that any member of the Borough Council becomes aware of shall, if possible and within the limits of the Faulkner Act, be brought to the attention of the Borough Manager.
[Amended 3-14-2022 by Ord. No. 2022-05C]
(f) 
Each member of the Council is required to attend, on an annual basis, at least one course offered by the Rutgers University Center for Government Services or a similar education provider such as the New Jersey League of Municipalities covering responsibilities and obligations of elected officials by way of example and without limitation ethics, municipal finance, labor relations, capital planning, shared services.
[Added 11-26-2012 by Ord. No. 2012-20C]
F. 
Meetings.
(1) 
The Borough Council shall by resolution designate the time and place of holding regular meetings. Regular meetings shall be held at least monthly and work session meetings shall also in the resolution be designated as to their time and place.
(a) 
The Borough Clerk shall keep a journal of Council's proceedings at all regular and agenda meetings and record the minutes of those meetings.
(b) 
In the absence of the Borough Clerk at management or workshop meetings, the Borough Council may designate a Secretary to keep notes of those meetings; however, no official action shall be taken at such meetings. The Secretary shall surrender those minutes to the Borough Clerk who shall keep them in a separate official log of minutes of work session meetings.
(c) 
The Mayor may, and upon written request of a majority of the members of Borough Council shall, call special meetings of the Borough Council. In the notice of the call the Mayor shall designate the purpose of the special meeting and no other business shall be considered nor conducted at such special meeting.
(d) 
All meetings of Borough Council whether formal meetings or work sessions shall be open to the public in accordance with the provisions of the Open Public Meetings Act.[2] At the beginning of every such meeting notice of compliance with the Open Public Meetings Act shall be read. The time and place of all public meetings, those designated by resolution annually and special meetings called by the Mayor shall be published in accordance with the Open Public Meetings Act.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2) 
The Borough Council shall provide by resolution rules of procedure not inconsistent with law or this Code. Proceedings at all meetings shall be conducted in accordance with Roberts Rules of Order, Revised, except where the Borough Council provides otherwise by resolution. The Borough Attorney shall be ex officio parliamentarian and shall give his or her opinion on questions of procedure at the request of members of the Borough Council.
(3) 
A majority of the members of the Borough Council shall constitute a quorum. The vote upon every motion, resolution or ordinance shall be taken by yeas and nays and entered on the minutes. The minutes of each meeting so recorded shall be signed by the officer presiding at the meeting, the members present, and the Borough Clerk. No member shall sign minutes of the meeting at which he or she was not present.
G. 
Vacancies. A vacancy, as defined in N.J.S.A. 40A:16-3, in the office of Mayor or member of the Borough Council shall be filled pursuant to N.J.S.A. 40A:16-1 et seq. as follows:
(1) 
If the vacancy occurs subsequent to September 1 of the last year of the term of office, the office may be filled for its unexpired term by appointment by the Borough Council of a person qualified to hold elective office.
(2) 
If the vacancy occurs at any other time, the vacancy shall be filled for its unexpired term at the next general or regular municipal election, whichever occurs first, to be held not less than 60 days after the occurrence of the vacancy. The Borough Council may fill the vacancy temporarily by appointment.
Powers and duties of Mayor. The powers and duties of the Mayor shall be only such as are expressly conferred upon him or her by N.J.S.A. 40:69A-87, by law and by this Code.
A. 
The Mayor shall preside at all meetings of the Borough Council and shall have a voice and vote on its proceedings.
B. 
The Mayor shall execute all bonds, notes, contracts and written obligations of the municipality on behalf of the municipality.
C. 
The Mayor shall address the residents annually, and at such other times as the Mayor may deem desirable, on the condition of the Borough, significant issues and/or problems of government.
In the event the Mayor is unable to act in the performance of any of his or her duties, the Council President shall act in his or her place and stead.
Office space in Borough Hall and shared secretarial services reasonably necessary to exercise the powers and to perform the duties required by this Code and general law shall be provided for the Mayor and Council members as determined by Borough Council from time to time at its discretion.
A. 
Procedures for passage; vote required. Borough ordinances shall be submitted in writing at a meeting of the Borough Council and passed at a subsequent meeting. No ordinance shall be finally passed except by three affirmative votes.
B. 
Advertising and public comment on ordinances. No ordinance shall be considered for final adoption until it has been advertised as required by law. No ordinance shall be considered for final adoption until it has been opened to the public for comment. The Borough Clerk shall be responsible for arranging the advertising of proposed ordinances.
C. 
Effective date of ordinances. No ordinance shall take effect less than 20 days after its final passage by Borough Council unless the Borough Council shall adopt a resolution declaring an emergency and at least four of the members of Borough Council vote in favor of such resolution.
A. 
Appointment; qualifications; term. There shall be a Borough Clerk appointed by the Borough Council. The Borough Clerk shall be qualified by previous training or experience to perform the duties of his or her office. The Borough Clerk shall be appointed for a term of three years, except as otherwise provided by law.
B. 
Duties of the Borough Clerk. The Borough Clerk shall perform such functions as required by N.J.S.A. 40A:9-133 and as herein provided:
(1) 
Secretary to the municipal corporation:
(a) 
Custodian of the Municipal Seal.
(b) 
Maintain custody of all minutes, books, deeds, bonds, contracts and archival records of the municipal corporation.
(c) 
Attest to the signatures of municipal officers and officials.
(d) 
Maintain receipt of service of legal documents.
(2) 
Secretary to the governing body:
(a) 
Prepare agenda for biannual reorganization meeting of the Borough Council.
(b) 
Maintain and keep new members of Borough Council aware of Rules of Order for conducting meetings.
(c) 
Prepare meeting agenda at the direction of the Borough Council and be present at meetings of the Borough Council as required.
(d) 
Keep an official record of the proceedings of every meeting and retain the original copies of all minutes, ordinances and resolutions.
(e) 
Administer and record oaths of office.
(f) 
Maintain custody of all official records not specially handled by other departments.
(g) 
Act as liaison to the public and correspondent on behalf of the Borough Council.
(3) 
Chief Administrative Officer of all elections held in the municipality:
(a) 
Certify vacancies at a local level.
(b) 
Maintain receipt of nominating petitions and certification to the County Clerk of local candidates nominated by petition.
(c) 
Exercise quasi-judicial authority in determining the validity of petitions.
(d) 
Conduct the drawing for positions of candidates on the local ballot.
(e) 
Furnish materials for local elections.
(f) 
Suggest polling places.
(g) 
Maintain receipt of election results.
(h) 
Certify to County Clerk persons elected to partisan county committee offices in each election district.
(i) 
Canvas the votes for and certify election of candidates for municipal office in nonpartisan local governments.
(4) 
Chief Registrar of Voters in the municipality:
(a) 
Maintain the registration books and supervise the registration of all new voters in the municipality.
(b) 
Delete from the registration books the names of deceased voters and voters who have moved out of the municipality.
(5) 
Administrative Officer with responsibilities as follows:
(a) 
Acceptance of applications for licenses and permits and the issuance of licenses and permits, except where statute or municipal ordinance has delegated that responsibility to some other municipal officer.
(b) 
Issue assessment search certificate.
(c) 
Conduct business with other municipal departments as directed by the Borough Council.
(d) 
Serve as information officer to the public and media.
(e) 
Purchase equipment and supplies when required.
(f) 
Maintain personnel records when required.
(g) 
Certify to the municipality's bond counsel as to the proper advertising, filing of supplemental debt statement and that no protests have been filed with the municipality as to the adoption of bond ordinances.
(6) 
Records Coordinator and Manager responsible for implementing local archives and records retention programs as mandated.
(7) 
Other duties that may be imposed by state statutes and regulations or municipal ordinances or regulations.
C. 
Recording and preserving ordinances and resolutions.
(1) 
The Borough Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance, the Borough Clerk shall record and certify the proof of its publication as required by law. Each ordinance recorded shall be signed by the Borough Clerk, who shall attest that it was adopted on the date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Borough Clerk to record, sign or certify shall not impair or affect the validity of an ordinance which has been duly adopted.
(2) 
Not less than annually the Borough Clerk shall compile all ordinances that have been adopted since the previous Code or supplement and forward them to a company selected by the Borough Council for codification and to prepare a supplement to the Code.
(3) 
The Borough Clerk shall compile annually, in order of their adoptions, all resolutions adopted by the Borough Council during the year and preserve them.
(4) 
Where required by statute, the Borough Clerk shall forward to the Ocean County Clerk at Toms River, New Jersey, ordinances which are required by law to be recorded in the County Clerk's office.
D. 
Corporate seal. The Borough Clerk shall cause the Corporate Seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Borough Council, or when necessary to exemplify any document on record in the Borough Clerk's office, or to certify any act or paper which from records in the Borough Clerk's office appears to be a public act of the Borough or public document.
E. 
Insurance; surety bonds; contracts. Subject to supervision of the Borough Manager, the Borough Clerk shall:
(1) 
Be the depository for and custodian of all official surety bonds furnished by or on account of any officer or employee, excluding the Borough Clerk's own bond which shall be placed in the custody of the Chief Financial Officer; of all insurance policies on or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be party.
(2) 
Be the depository for and custodian of all performance bonds running to the Borough as obligee, or any other form of security given by a contractor, subdivision developer, or other persons on account of work done or to be done in or for the Borough. All performance bonds or other surety given in connection with site plan development shall be deposited with the Land Use Board Secretary.
(3) 
Have custody of all leases of property owned by the Borough.
(4) 
Report to the Mayor and Council annually, at such times as the Mayor or Borough Council may require, on the coverage, expiration date, and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases, the rent reserved by each and the respective expiration dates.
F. 
Administration rules and regulations; filing and publication. The Borough Clerk shall maintain a current compilation of all rules and regulations, which shall be available for public inspection in the Borough Clerk's office during business hours. No rule or regulation made by the Borough Manager, a department head or any other officer, agency or authority of the Borough, unless it relates to the organization or internal management of the Borough government or a part thereof, shall take effect until it is filed with the Borough Clerk.
A. 
Council may but is not required to appoint a Deputy Borough Clerk who shall have such licenses and have completed such training and received such certifications as are required by law. The Deputy Borough Clerk shall, if one be appointed, perform the duties customarily and normally performed by the Borough Clerk during the absence of the Borough Clerk or during any disability of the Borough Clerk.
B. 
The Deputy Borough Clerk, if one be appointed, shall further perform such administrative duties as may be assigned by the Borough Manager or the Borough Clerk.
A. 
Departments, boards and commissions. There shall be the following departments, officers, boards and commissions in the Borough of Beach Haven:
(1) 
Departments:
(a) 
Department of Finance.
(b) 
Department of Public Works.
(c) 
Department of Police.
(d) 
Department of Beach Patrol.
(e) 
Department of Construction, Zoning and Code Enforcement.
(f) 
Department of Water.
(2) 
Boards, bodies and commissions:
(a) 
Municipal Court.
(b) 
Land Use Board.
(c) 
Shade Tree Commission.
(d) 
Sewerage Authority.
(e) 
Environmental Commission.
(f) 
Historic Preservation Advisory Commission.
(g) 
Library Board of Trustees.
(h) 
Fire Department.
(i) 
First Aid Squad.
(j) 
Emergency Management.
B. 
Powers and duties of department heads. The head of a department, subject to the Code and the approval or direction of the Borough Manager, shall:
(1) 
Prescribe the internal organization of the work of his or her department.
(2) 
Direct and supervise subordinate officers and employees of the department to make, alter and enforce individual work assignments.
(3) 
Approve or disapprove payroll, bills and claims chargeable to departmental appropriations.
(4) 
Maintain records of work performance and unit costs thereof as may be approved or required by the Borough Manager.
(5) 
Provide information and reports on the work of the department as may be required by the Borough Manager.
(6) 
Exercise other or different powers of administrative supervision and direction which the Borough Manager may delegate to him or her.
A. 
Qualifications.
(1) 
The Borough Manager shall be chosen by the Borough Council solely on the basis of his or her executive and administrative qualifications with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter set forth.
(2) 
At the time of his appointment, the Manager need not be a resident of the Borough of Beach Haven or the State of New Jersey; however, upon his appointment and during his tenure of office he may reside outside of the Borough of Beach Haven only with the approval of Council given by formal resolution duly adopted at a public meeting.
B. 
Term of office and removal. The Borough Manager shall hold office for an indefinite term and may be removed by a majority vote of Borough Council in accordance with N.J.S.A. 40:69A-93.
C. 
General powers and duties; budget preparation. The Borough Manager shall have the following duties and responsibilities:
(1) 
Be the Chief Executive and Administrative Official of the Borough.
(2) 
Execute all laws and ordinances of the Borough.
(3) 
Appoint and remove a Deputy Borough Manager if one is authorized by the Borough Council.
(4) 
Appoint and remove all department heads and all other officers, subordinates, and assistants whose appointment or removal is not otherwise provided for in this chapter or by law.
(5) 
May authorize the head of a department to appoint and remove subordinates in such department.
(6) 
Supervise and control all appointees, and report all appointments or removals at the next meeting thereafter of the Borough Council.
(7) 
Negotiate contracts for the Borough subject to the approval of the Borough Council.
(8) 
Make recommendations concerning the nature and location of municipal improvements, and execute contracts for municipal improvements as determined by the Borough Council.
(9) 
See that all terms and conditions imposed in favor of the Borough or its inhabitants in any statute, public utility franchise or other contract are faithfully kept and performed and upon knowledge of any violation call the same to the attention of the Borough Council.
(10) 
Receive notice of all regular and special meetings of the Borough Council and all advisory committees, boards, commissions and other agencies of the Borough, including meetings with other governmental bodies and agencies, and attend all meetings of the Borough Council with the right to take part in the discussions, but without the right to vote.
(11) 
Recommend to the Borough Council for adoption such measures as he or she may deem necessary or expedient.
(12) 
Keep the Borough Council advised of the financial condition of the Borough. Submit to Borough Council as soon as possible after the close of the fiscal year a complete written report on the financial activities of the Borough for the preceding year.
(13) 
Investigate at any time the affairs of any officer or department of the Borough. Diligently and timely render reports to the Borough Council or to individual members of the Borough Council, as required, on the progress of investigation into, or implementation of, those matters referred by the Borough Council or individual members of the Borough Council to the Manager's attention.
(14) 
Perform such other duties as may be required by the Borough Manager by ordinance or resolution by the Borough Council.
(15) 
Be responsible to the Borough Council for carrying out all policies established by it and for the proper administration of all affairs of the Borough.
D. 
Budget.
(1) 
The Borough budget shall be prepared by the Borough Manager. During the month of November in each year, the Borough Manager shall require all department heads to submit requests for appropriations for the ensuing budget year, and to appear before him or her at public hearings, which shall be held during that month, to testify on various requests.
(2) 
On or before the 15th day of the fiscal year, the Borough Manager shall submit to Borough Council a recommended budget together with an explanatory statement regarding the estimated budget, including a comparison of prior year's budgets, appropriations and expenditures and an analysis of the proposed expenditures with recommendations regarding the feasibility thereof and such other explanatory comment or statement as he or she may deem desirable.
(3) 
The budget shall be in such form as is required by law for municipal budgets, and shall in addition have appended thereto detailed analysis of the various items of expenditures and revenue.
(4) 
In any local budget year for which budget dates are extended pursuant to N.J.S.A. 40A:4-5.1, the Borough Manager shall submit to the Borough Council his or her recommended budget not less than 16 days prior to the extended date for the introduction and approval of municipal budgets.
E. 
Powers conferred by law upon the Borough Manager. Any provision of general law conferring the appointing power or other power upon the Mayor or other executive head of the Borough shall be construed as meaning the Borough Manager, and the appointments or the power exercised by the Borough Manager in accordance with such provisions shall be classified and given the same force and effect as if executed by the official named therein, except as provided in N.J.S.A. 40:69A-98.
F. 
Compensation. The Borough Manager shall receive as compensation for such position such amount as may be fixed and adopted by the Borough Council subject to the annual salary ordinance of the Borough,[1] and his or her employment contract shall so specify.
[1]
Editor's Note: The annual salary ordinance is on file in the Borough offices.
G. 
Administrative officer. The Borough Manager may designate a qualified administrative officer of the Borough to perform his or her duties during his or her temporary absence or disability. In the event of his or her failure to make such designation, the Borough Council may by resolution appoint an officer of the Borough to perform the duties of the Borough Manager during such absence or disability until he or she shall return or his or her disability shall cease.
A. 
Council may but shall not be required to appoint a Deputy Borough Manager who shall have all of the qualifications required by N.J.S.A. 40:69A-92 for a municipal manager. The Deputy Borough Manager shall, if one be appointed, serve at the pleasure of Council and perform such functions and duties as may be delegated to him or her by the Borough Manager.
B. 
The Deputy Borough Manager shall function and serve as Borough Manager in the event of the disability or long-term absence of the Borough Manager.
A. 
Department established. The financial business of the Borough shall be committed to a Department of Finance.
B. 
Division of the Treasury.
(1) 
Chief Financial Officer. Within the Department of Finance, there shall be a Division of the Treasury, the head of which shall be the Chief Financial Officer, who shall be appointed by Borough Council and shall also serve as the Borough Treasurer. The Chief Financial Officer shall bear the responsibilities set forth in N.J.S.A. 40A:9-140.1d and shall be qualified as set forth in N.J.S.A. 40A:9-140.2.
(2) 
Powers and duties of the Chief Financial Officer. The Chief Financial Officer shall have, perform and exercise all the functions, powers and duties provided by general law and Borough ordinances. He or she will keep and maintain books and records of all financial transactions of the Borough in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey. He or she shall have custody of all receipts, expenditures, commitments and unexpended appropriations. All monies received from any source by or on behalf of the Borough or any financial officer who shall, by the next ensuing bank day after their receipt, deposit them in an authorized public depository of the Borough to the credit of the proper account. In addition, but not in limitation of the foregoing, the Chief Financial Officer shall perform the following duties:
(a) 
Supervise the expenditure of all Borough funds and make certain that such expenditure is strictly in accordance with the budgetary appropriation.
(b) 
Assist in the preparation of the Borough's budget.
(c) 
Issue certificates as to the availability of funds prior to the Borough entering into any contract pursuant to the provisions of the Local Public Contracts Law of the State of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-41 et seq.
(d) 
Supervise the payroll accounts of the Borough.
(e) 
Issue payroll checks to all officials, officers and employees of the Borough.
(f) 
Prepare and distribute all informational returns and payroll reports required by any agency of the federal or state government concerning any payments made to officials, officers, employees and vendors of the Borough.
(g) 
Supervise the method and procedures for the payment of all claims against the Borough.
(h) 
Supervise all investments of the Borough and make recommendations, where appropriate, to the Borough Manager and Borough Council concerning investments or any other matter touching upon the financial affairs of the Borough.
(i) 
Perform such further and additional duties as may be prescribed by the Borough Manager.
(j) 
Be the custodian of any funds deposited in escrow with the Borough of Beach Haven for any purpose, be they funds deposited for inspection fees, performance guarantees, maintenance guarantees or any other deposits into escrow.
[Added 11-14-2011 by Ord. No. 2011-22C]
[1] 
Assignment of escrow funds held by the Borough of Beach Haven.
[a] 
Escrow funds held by the Borough of Beach Haven under the supervision of the Chief Financial Officer of the Borough may be assigned by the depositor only by a written assignment which shall describe the escrow funds being held, the purposes for which they are being held and the date of their deposit. Any such assignment shall be executed by the depositor or depositors, whose signatures shall be witnessed and whose signatures shall be made and executed before a notary public of the State of New Jersey, who shall affix an appropriate notarial acknowledgement of such assignment.
[b] 
In the event that the assignor is anything other than an individual or individuals, the capacity of the signatories shall be set forth, i.e., manager, general partner, partner, president or other officer.
[c] 
Upon the presentation of such a properly executed assignment, the same shall be approved by the Chief Financial Officer of the Borough, who may, in his or her sole discretion, seek further review by the Borough Solicitor; and upon approval by the Chief Financial Officer, he or she shall present to the governing body of the Borough of Beach Haven a form of resolution to be adopted approving the assignment; and only after such resolution has been duly adopted by the governing body of the Borough of Beach Haven may the Chief Financial Officer cause such funds to continue to be held by the assignee or assignees or cause such funds to be disbursed to the assignee or assignees.
(3) 
Designation of position. The appointment to the position of Chief Financial Officer shall be made by Borough Council. The individual so appointed shall possess all of the requisite qualifications and experience required by law and, specifically, Chapter 9 of Title 40A of the New Jersey Revised Statutes, as amended and supplemented.
(4) 
Term of office; tenure. The term of office of the Chief Financial Officer shall be for a term of four years. A Chief Financial Officer who has served in that position for a period of not less than five consecutive years and who is the holder of a municipal finance officer certificate issued in accordance with N.J.S.A. 40A:9-140.1 et seq. shall be granted tenure of office upon filing with the Borough Clerk and with the Division of Local Government Services in the New Jersey Department of Community Affairs a notification evidencing his or her compliance with this section. Thereafter, such person shall continue to hold office and shall not be removed therefrom except for just cause; and then only after a public hearing upon a written complaint setting forth the charge or charges against him or her as required by law or upon expiration and revocation of certification by the Director of the Division of Local Government Services.
(5) 
Dual positions. Nothing contained within this section shall be construed as prohibiting an individual holding the position of Treasurer, Assistant Treasurer and Tax Collector from being appointed to the position of Chief Financial Officer, provided such individual possesses the required qualifications.
(6) 
Payroll Supervisor/Pension Fund Supervisor. Within the Division of the Treasury, there shall be the Payroll Supervisor/Pension Fund Supervisor, who shall be appointed by and serve at the pleasure of the Borough Council. The Payroll Supervisor/Pension Fund Supervisor shall bear the responsibilities set forth in this section. The Payroll Supervisor/Pension Fund Supervisor shall perform the following duties:
[Added 7-8-2019 by Ord. No. 2019-23C]
(a) 
Supervises and coordinates processing time cards, compiling payroll statistics, maintaining payroll control records, recording of hours of work and calculating payrolls according to policy.
(b) 
Coordinates and processes applications or enrollments into pension systems, health benefits programs, dental insurance and prescription plans.
(c) 
Reviews and approves payroll deductions.
(d) 
Records and processes all payments made to various health plans.
(e) 
Interprets policies and government regulations in connection with payroll procedures.
(f) 
Checks the preparation of annual tax withholding statements for accuracy.
(g) 
Supervises the changes on individual pay resulting from overtime, absence, leave of absence, union dues, tax changes, social security and pension deductions, hospitalization and group life insurance deductions, garnishees, and attachments to ensure proper notations.
(h) 
Prepares payroll schedule for distribution of pay checks.
(i) 
Prepares correspondence and maintains records of a confidential nature.
(j) 
Handles all receipts and disbursements for retirement systems.
(k) 
Disseminates pension information and processes employee pensions.
C. 
Division of Tax Collection. Within the Department of Finance there shall be a Division of Tax Collection, the head of which shall be the Borough Tax Collector, who shall be appointed by Borough Council.
(1) 
The Borough Tax Collector shall receive and collect all monies assessed or raised by taxation or assessment for any purpose. The Collector shall enter in suitable books or other records to be kept by him or her the sums received each day together with the account to which each receipt is credited. The Collector shall turn over all monies to the Chief Financial Officer. Within 60 days after the end of the fiscal year, and at such other times as may be required the Borough Council, the Collector shall make and furnish a detailed and true list of all delinquent Borough taxpayers for the next preceding year or for such period as Borough Council may require.
(2) 
The Borough Tax Collector shall, pursuant to law, hold annual sales of liens for unpaid taxes, water and sewer charges as well as any other liens provided for by the ordinances of the Borough of Beach Haven.
D. 
Division of Tax Assessment. Within the Department of Finance there shall be a Division of Tax Assessment, the head of which shall be the Borough Tax Assessor, appointed by Borough Council.
(1) 
No person may be the Borough Tax Assessor unless he or she holds a tax assessor certificate.
(2) 
A person reappointed to office, and thereafter serving in office for four consecutive years, shall be entitled to tenure.
(3) 
The Tax Assessor shall:
(a) 
Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor.
(b) 
Make assessments for benefits for local improvement and for that purpose have and exercise the powers and duties of a board of assessment for local improvement as provided by law.
(c) 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
(d) 
Maintain a current tax map of the Borough as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by the Code. To properly maintain the current tax map the Assessor shall annually, during the month of January, forward to the Borough Engineer copies of all deeds and condominium documents recorded in the office of the Ocean County Clerk in Toms River, New Jersey, during the prior year.
(e) 
Report to the Borough Manager and Borough Council as to equalization proceedings and other matters involving the County Tax Board and make recommendation as to action to be taken in that regard.
E. 
Duplication and backup of records. The Department of Finance shall take all necessary and appropriate actions to insure that all financial records of the Borough are duplicated and backed up off site at least weekly. The duplication and backup may be accomplished electronically or by storage of hard copies of the records on the mainland west of Long Beach Island, or both by electronic and hard copy backup.
A. 
Policy. It is the established policy of the Borough that no article or service shall be contracted for or purchased by any department, board, agency, or office of the Borough except in accordance with the procedures set forth herein. No order is to be placed or a commitment made except by an approved written purchase order issued in accordance with the procedures outlined herein or by the emergency purchase procedure which is hereinafter specified.
B. 
Disclaimer of liability; noncompliance by Borough personnel. The Borough will not be bound by any purchase or contract which is made contrary to the policy expressed in this section and particularly in Subsection A above. Any officer, official, employee or representative of the Borough who violates the policy may be subject to disciplinary action as well as personal liability for any costs or obligations improperly incurred.
C. 
Establishment of petty cash funds. Pursuant to N.J.S.A. 40A:5-21 and pursuant to the procedures therein set forth, a petty cash fund or a petty cash funds may be established in each department, pursuant to the express approval of the Borough Council and the required approval by the Director of Local Government Finance. The Chief Financial Officer shall submit recommendations to the Borough Council concerning the need for and the establishment of any or all such funds. Petty cash funds shall be used for the purchase of small items or services. Petty cash shall not be viewed as a means by which the purchase order system may be circumvented. A purchase order is required for all purchases in excess of $25. Receipts are required for petty cash replenishment. Petty cash will be replenished as determined by the Chief Financial Officer. All requests for replenishment of petty cash fund shall be submitted to the Chief Financial Officer not later than Monday of the week preceding the meeting of the Borough Council when replenishment of the fund may be authorized.
D. 
Purchasing procedures established.
(1) 
Standard purchasing procedures. The initial step in the purchasing cycle shall be the preparation of a request for purchase, which is submitted electronically to be distributed to the department head, the Borough Manager and the Chief Financial Officer of the Borough. The department head shall only requisition budgeted items. Nonbudgeted items or services shall require the prior approval of the department head and the Borough Manager with the concurrence of the Borough Council. Purchases of an emergency nature will be processed using the emergency procedures set forth in Subsection E, below. Adjustments to a department's budgeted items shall be considered when purchasing nonbudget items.
(2) 
Quote comparison sheets. Quote comparison sheets will be available from the Treasurer's office and shall be prepared for all items costing in excess of $1,000 as may be required by the provisions of N.J.S.A. 40A:11-3. Price quotes shall be solicited from three vendors for prices of the items. Data pertinent to required items or services shall be listed, including price quotes. The lowest responsible bidder shall be selected. When purchases are made from an approved state contract vendor, no quote comparison is needed.
(3) 
Request for purchase.
(a) 
The following information is required for all requests for purchase. The numbers preceding each item of information shall correspond to those found on sample forms which may be obtained from the Treasurer's office.
[1] 
Vendor's name and address. Complete name and address of the vendor. Include all post office box numbers and zip codes.
[2] 
Purchase order number. This number will be filled in by the Treasurer's office at the time of purchase order approval.
[3] 
The number of account or appropriation number to be charged.
[4] 
Account balance. To be completed by Treasurer's office.
[5] 
Department/division. Full name of department or division requesting purchase.
[6] 
Date. Date of request.
[7] 
Required delivery date. The date that delivery is required. To assure delivery is on time, ascertain applicable lead time(s), including ordering, design, manufacture or production and shipping data, if item is not stocked.
[8] 
Addressee and destination. Specific information is to be supplied, including full name of the person to whom delivery is to be made and the location where such delivery is to be made.
[9] 
Quantity. Provide specific data relative to quantity required and shipping unit (box, carton, case, etc.).
[10] 
Description/stock number. Provide full description of requested purchase. Be as specific as possible. Description shall include model number, size, full specifications of required purchase.
[11] 
Price. Exact price of each unit.
[12] 
Amount. Provide total price, including shipping charges. While every attempt should be made to determine the total price, it may be necessary, on occasion, to estimate shipping charges.
[13] 
Electronic approval. Electronic approval by person requesting purchase [see Subsection D(3)(a)[14] below].
[14] 
Electronic approval. Electronic approval of department head or individual to whom authority has been delegated by department head. Request for purchase of budgeted items where total cost will not exceed $500 requires only approval of department head.
[15] 
Electronic approval as to availability of funds. The electronic approval of the Chief Financial Officer, Treasurer or Deputy Treasurer shall be required indicating funds are available for the purchase.
[16] 
Final approval. The electronic signature of the Borough Manager shall be required before any such purchase is consummated.
(b) 
The request for purchase shall be submitted well in advance of the time the goods, material or service are needed to allow sufficient time for review and for preparations for other than routine purchases and for those quotations which involve more complex or technical purchases.
(c) 
The request for purchase shall be forwarded to the Treasurer's office and the requesting department shall retain a copy for its file. If the request for purchase is not properly completed, it will be returned to the originating department head for correction, additional information or clarification. The Treasurer's office will also review a unit's requisition, making necessary consolidations and standardizations with requests of other units. Requesting units shall be advised and consulted when standardizations are made. Based on the total and aggregate dollar amount of the purchase requests, written specifications and sealed bids or informal solicited quotations may be utilized. To record the request, the requisition shall be retained by the Treasurer's office and filed numerically with the approved purchase order. State-approved contract vendors or cooperative pricing system vendors pursuant to N.J.S.A. 40A:11-11(5), as amended and supplemented from time to time, may also be used to fulfill the Borough's needs. Before any formal commitment is made to a vendor, and prior to the issuance of a purchase order, the availability of funds must be determined pursuant to N.J.A.C. 5:3014.5, as amended and supplemented from time to time.
(d) 
All requestors for purchase shall be mindful of the statutory requirement that contracts may not be split or divided in order to avoid state-mandated bidding and quoting requirements.
E. 
Emergency purchases.
(1) 
Emergency purchases shall only be authorized when a situation requires the immediate purchase or delivery of goods or services to meet an actual danger to the public health, safety or welfare. The head of the department requesting an emergency purchase shall first contact the Borough Manager and upon receipt of approval from the Borough Manager shall then contact the Chief Financial Officer in order to receive approval. No later than the next working day following the emergency, the department head shall submit a written report to the Borough Manager and the Chief Financial Officer, describing the emergency and the steps taken to resolve the matter. The department heads shall execute a purchase requisition and submit it to the Treasurer's office.
(2) 
In the case of an emergency, the preparation and release of a purchase order is the sole and exclusive duty of the Chief Financial Officer.
(3) 
In the event that the Chief Financial Officer is not available during an emergency, the preparation and release of a purchase order shall be the responsibility of the following officials in the order listed below:
(a) 
Borough Manager.
(b) 
Mayor.
(c) 
Council President.
F. 
Purchase orders. All purchase orders shall be in the form prepared by or approved by the Chief Financial Officer of the Borough of Beach Haven. They shall originate in electronic form and initially be submitted in electronic form as hereinabove set forth in Subsection D(3). No purchases other than from an approved petty cash fund shall be made by any department head or other Borough employee without an approved purchase order having been electronically approved and printed on hard copy.
A. 
There shall be an office of the Public Works Superintendent, who shall be appointed by the Borough Manager.
(1) 
Residency. The Public Works Superintendent need not be a resident of the Borough.
(2) 
Qualification. The Public Works Superintendent shall be a person qualified by education, training and experience and as otherwise required by law to perform the duties of such office and shall possess a CPWM certification and a CDL drivers license.
[Amended 12-9-2019 by Ord. No. 2019-39C]
(3) 
Supervision. The Public Works Superintendent shall be under the direct supervision of the Borough Manager and shall also be guided by the advice of the Borough Engineer.
B. 
Duties of the Department. The Department of Public Works, through the Public Works Superintendent, shall take charge of and be responsible for the construction, operation and maintenance of all parks and storm sewers; the cutting of brush, mowing of grass and removal of snow; the maintenance of beaches; and the care of other public works in the Borough, subject to the orders and directions of the Borough Manager. The Department of Public Works shall supervise the maintenance of all Borough streets and roads, including the street lighting system, with the Police Department being responsible for checking streetlight outages, and shall provide, operate and maintain facilities for the collection and disposal of refuse and garbage at such times and in such manner as may be authorized by resolution of the Borough Council.
C. 
Duties of the Superintendent. The Public Works Superintendent shall:
(1) 
Set up and maintain adequate inventory and control thereof of all materials and supplies needed for the maintenance and repair of all public works under his or her supervision.
(2) 
Submit to the Borough Manager no less than 48 hours prior to every regular monthly Council meeting a monthly report of all work performed, services furnished and inspections made during the previous month.
(3) 
No later than November 1 of each year, submit to the Borough Manager his or her recommendations for budget appropriations for the ensuing year.
(4) 
[1]Inspect or be responsible for the inspection of all storm sewers in the Borough individually or in conjunction with other designated officials.
[1]
Editor's Note: Former Subsection C(4), which provided that the Superintendent would serve as Recycling Coordinator, was repealed 12-9-2019 by Ord. No. 2019-39C. This ordinance also provided for the renumbering of former Subsection C(5) through (10) as Subsection C(4) through (9), respectively.
(5) 
Receive and investigate all complaints from residents and taxpayers of the Borough relating to the operations under his or her jurisdiction, take appropriate action and report the result to the Borough Manager.
(6) 
Supervise the operation, maintenance and repair of Borough-owned equipment used in the performance of the work assigned to him or her.
(7) 
Set up, keep and maintain all the necessary books, records, field notes, maps, surveys and similar records necessary to perform the duties of his or her office and turn over all such records to his or her successor on the termination of his or her employment by the Borough.
(8) 
Recommend to the Borough Manager the need for repairs and replacements to Borough-owned equipment, structures, buildings and grounds.
(9) 
Supervise the performance of personnel assigned to the Department of Public Works.
D. 
Promulgation of rules and regulations. The Borough Manager may adopt and promulgate rules and regulations necessary for the proper regulation of the Department of Public Works. They shall be known as the "Rules and Regulations for the Governing of the Department of Public Works," and shall be binding on each member of the Department.
Fire protection for the Borough of Beach Haven is provided by Beach Haven Volunteer Fire Company as set forth in Chapter 12 of this Code.
A. 
The Construction Official shall be appointed by the Borough Manager. Prior to his or her appointment, he or she shall be qualified by training and experience in the duties required of such an officer.
B. 
Duties of Construction Official. The Construction Official shall:
(1) 
Enforce the building code and housing code and have all the powers, functions and duties prescribed by general law and ordinance for construction officials.
(2) 
Keep a record of his or her proceedings, a permit book and complaint book. He or she shall report to the Borough Manager no later than 48 hours prior to each regular monthly Council meeting of the Borough Council as to the number of permits issued, the estimated cost of such work and the fees received and paid by him or her to the Chief Financial Officer.
(3) 
Issue certificates of occupancy.
(4) 
Have and exercise such other powers, duties, functions and responsibilities as are prescribed by Borough Council and/or assigned by the Borough Manager.
C. 
Zoning Officer appointment; duties. The Zoning Officer shall be appointed by the Borough Manager and perform all of the duties of the Office of Zoning as prescribed under the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.; Chapter 19, Land Use Administration; Chapter 167, Site Plan Review; Chapter 179, Subdivision of Land; and Chapter 212, Zoning, of this Code.
D. 
Code Enforcement Officer appointment; duties. The Code Enforcement Officer(s) shall be appointed by the Borough Manager and shall perform all of the duties of a Code Enforcement Officer to enforce the various codes of the Borough of Beach Haven as may be directed by the Borough Manager. The term of the Code Enforcement Officer shall be as determined by the Borough Manager, and the Code Enforcement Officer shall be authorized to issue summons returnable in the Municipal Court of the Borough of Beach Haven for a violation of any provisions of the Code of the Borough of Beach Haven. Summons issued by the Code Enforcement Officer shall be sworn to under oath before the Municipal Court Administrator and shall specify the section of the Code violated and describe the violation which is being charged.
E. 
Plumbing Official, Fire Official and Electrical Official. The Borough of Beach Haven has entered into an interlocal services agreement with the Township of Stafford to provide for plumbing inspection, fire inspection and electrical inspection.
A. 
The Water Department shall be under the supervision of a Superintendent of Water, who shall be the head of the Department and appointed by the Borough Manager. He or she shall be a person qualified by training and experience to perform the duties of the office and shall be the holder of any and all necessary licenses, permits and degrees.
B. 
Water Rent Collector. There shall be a Water Rent Collector appointed by the Borough Manager who shall:
(1) 
Be responsible for all the books and records of the Water Utility.
(2) 
Bill and make collections of charges, fees and rentals for water facilities.
(3) 
Perform such other duties as may be assigned by the Borough Manager or the Superintendent of Water.
A. 
Emergency Management Coordinator. The Borough Manager shall appoint an Emergency Management Coordinator from among the residents of the Borough, and who shall serve for a term of three years. The Emergency Management Coordinator shall be qualified as required by N.J.S.A. App. A:9-40.1.
B. 
Deputy Emergency Management Coordinator. The Council, pursuant to the provisions of N.J.S.A. App. A:9-42.1b, shall appoint a Deputy Emergency Management Coordinator. Whenever possible, such Deputy Emergency Management Coordinator shall be appointed from among the salaried officers or employees of the Borough. The Deputy Emergency Management Coordinator shall serve as set forth in N.J.S.A. App. A:9-42.1b.
C. 
Assistant Deputy Emergency Management Coordinator; Emergency Management Mechanic. The Emergency Management Coordinator may appoint an Assistant Deputy Emergency Management Coordinator who shall also be Emergency Management Mechanic. The appointment of such an Assistant Deputy Emergency Management Coordinator shall be made only with the approval of the Borough Manager. The Assistant Deputy Emergency Management Coordinator and Emergency Management Mechanic shall serve at the pleasure of the Emergency Management Coordinator.
D. 
Duties. The Emergency Management Coordinator shall be responsible for the planning, activating, coordinating, and the conduct of emergency management operations within the Borough, and shall have such further powers and duties as are set forth in N.J.S.A. App. A:940.4.
E. 
Emergency Management Council. There shall be an Emergency Management Council composed of not more than 15 members who shall be appointed by the Borough Manager and shall hold office at the pleasure of the Borough Manager. The Emergency Management Coordinator shall be a member and shall serve as Chairman. The Emergency Management Council shall assist the Borough in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities in accordance with rules and regulations established by the Governor. The local Emergency Management Council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the emergency management activities of the Borough.
A. 
There shall be a Department of Beach Patrol.
B. 
The head of the Department shall be the Beach Patrol Chief, who shall be appointed by the Borough Manager.
C. 
The Beach Patrol Chief shall determine the qualifications of the lifeguards and shall set forth their duties, all as approved by the Borough Manager.
D. 
The Department of Beach Patrol shall:
(1) 
Provide lifeguard protection for the protected beaches within the Borough of Beach Haven.
(2) 
Employ beach badge checkers to check beach goers to ascertain that they are wearing beach badges as required by Borough ordinances.
E. 
Junior Lifeguard Program. There is hereby established a junior lifeguard training program, which shall be open to applicants between the ages of 10 years to 15 years, on a limited basis and in accordance with the regulations and requirements established by the Borough. Admission into the program shall be by application submitted on such form(s) as approved by the Borough for said purposes together with the payment of such fees as established by resolution of the Borough for said purpose.
[Added 3-30-2023 by Ord. No. 2023-12C]
A. 
There shall be a Borough Attorney who shall be appointed by the Borough Council on a professional contract basis. He or she shall be an attorney at law of New Jersey, but need not be a resident of the Borough. The Borough Attorney serves as an independent contractor for the Borough and not as an employee. The Borough Attorney shall receive such compensation as may be agreed upon and determined by the Borough Council based upon a resolution adopted by Borough Council and a professional services agreement awarded for a term of not more than one year pursuant to the New Jersey Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
B. 
Powers and duties. The Borough Attorney shall give all legal counsel and advice required by the Borough Manager, the Borough Clerk and Borough Council and shall in general serve as the legal advisor for the Borough Manager, the Borough Clerk and Borough Council on all matters of Borough business. The Borough Attorney shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies may be a party or have an interest. In furtherance of his or her general powers and duties, but without limiting them, the Borough Attorney shall:
(1) 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.
(2) 
Conduct appeals from orders, decisions or judgments affecting any interest of the Borough.
(3) 
With the approval of the Borough Manager and Borough Council, compromise or settle litigation in which the Borough is involved.
(4) 
Render opinions in writing upon questions of law submitted to him or her by the Borough Manager, the Borough Clerk or Borough Council with respect to their official powers and duties.
(5) 
Supervise and direct the work of additional attorneys and technical and professional assistants which the Borough Council may authorize for special or regular employment in or for the Borough.
A. 
There shall be a Borough Engineer who shall be appointed by the Borough Council on a professional contract basis. The Borough Engineer serves as an independent contractor for the Borough and not as an employee. The Borough Engineer shall receive such compensation as may be agreed upon and determined by the Borough Council based upon a resolution adopted by Borough Council and a professional services agreement awarded for a term of three years pursuant to N.J.S.A. 40A:9-140. The contract may provide for annual revision as to the compensation to be paid. He or she shall be a duly licensed professional engineer of the State of New Jersey. If a firm is selected, there shall be a "lead engineer" designated, and who shall be responsible for the supervision and oversight, and shall have a working knowledge of all engineering services being furnished under the professional services agreement. The lead engineer shall not be changed without the approval of the Borough Council.
B. 
Duties. The Engineer shall perform the duties prescribed by general law and ordinance, and in addition shall:
(1) 
Prepare, or cause to be prepared, plans, designs and specifications for public works and improvements undertaken by the Borough through its employees or by public contract.
(2) 
Provide and maintain surveys, maps, specifications and control records with respect to public works and facilities owned or operated by the Borough.
(3) 
Provide technical and engineering advice and assistance to other Borough departments as needed.
(4) 
Upon the termination of his or her service with the Borough, he or she shall surrender all papers, documents, memoranda, reports and other materials relating to the administration of his or her engineering duties.
(5) 
Annually make revisions in the tax map of the Borough to reflect any subdivisions granted by the Land Use Board or created by condominium documentation.
C. 
Term. The Engineer shall serve for a term of three years. The Borough Engineer shall be appointed triannually at the Borough Council's annual reorganization meeting on July 1. In the event of a vacancy, the Borough Council shall have the right to appoint an Engineer for the unexpired term, and also for the year following the unexpired term.
A. 
There shall be a municipal court in the Borough pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., to be known as the "Municipal Court of the Borough of Beach Haven, Ocean County." The Municipal Court shall have a seal bearing the impression of the name of the Court. The Court shall be held at Borough Hall or such other place as the Borough shall designate, and shall exercise all the functions, powers, duties and jurisdiction conferred by law upon municipal courts.
B. 
Municipal Judge.
(1) 
There shall be a Municipal Judge of the Municipal Court appointed by the Borough Council. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.
(2) 
The Municipal Judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance. He or she need not be a resident of the Borough. Whenever the Municipal Judge shall be unable to sit as such, he or she may designate any other judge of any municipal court to sit for him or her temporarily and hold the Municipal Court. Any such designation shall be made in writing and shall be filed in the Municipal Court, and any person designated, while sitting temporarily, shall possess all the powers of the Municipal Judge.
(3) 
There shall be a Municipal Prosecutor serving the Municipal Court appointed by the Borough Council annually at the July 1 Council meeting. The Municipal Prosecutor if he or she is a member of a law firm may appoint a member of his or her firm as Deputy Municipal Prosecutor; the Prosecutor shall be an Attorney at Law of the State of New Jersey in good standing.
(4) 
There shall be a Municipal Public Defender and a Deputy Municipal Public Defender appointed by the Borough Council annually at the July 1 Council meeting. The Public Defender and Deputy Public Defender shall be an attorney at law of the State of New Jersey in good standing.
(5) 
The Municipal Prosecutor, the Municipal Public Defender, Deputy Municipal Prosecutor and the Deputy Public Defender need not be residents of the Borough.
C. 
Municipal Court Administrator. There shall be an Administrator of the Municipal Court, who shall be appointed by the Borough Manager, who shall perform the functions and duties prescribed for him or her by law, the rules applicable to municipal courts, and by the Municipal Judge. His or her duties shall include, but not be limited to:
(1) 
Carrying out the rules, regulations, policies and procedures relating to the operation of the Municipal Court.
(2) 
Interviewing and speaking to persons wishing to file complaints or wishing information in this regard; receiving complaints and dispensing information relating to Municipal Court matters.
(3) 
Maintaining the financial records of the Municipal Court.
(4) 
Attending Municipal Court, recording pleas, judgments and dispositions; arranging trial calendars; signing Municipal Court documents; preparing and issuing warrants and commitments.
(5) 
Taking and preparing bail bonds, recognizances, and security in lieu thereof; making inquiries concerning their sufficiency and equity; receiving and accounting for fines and costs.
(6) 
Maintaining, forwarding, receiving and reporting such records, reports and files as are required by the Director of Motor Vehicle.
D. 
Deputy Municipal Court Administrator. There shall be a Deputy Court Administrator, who shall be appointed by the Borough Manager, and who shall perform the functions assigned to him or her by the Municipal Judge and by the Municipal Court Administrator.
E. 
Representation by Public Defender. Any person applying for representation by the Municipal Public Defender shall pay an application fee for said representation of $200. The Municipal Judge after considering the application may waive all or any portion of this application fee, if in his or her sound discretion he or she finds the same to be an unreasonable burden on the person seeking representation.
The services of the Board of Health of the Borough of Beach Haven shall be provided by the Long Beach Island Health Department as part of the Municipal Alliance with the Township of Long Beach as lead agency.
A Shade Tree Commission is hereby established according to N.J.S.A. 40:64-1 et seq., vesting in the Shade Tree Commission all of the necessary power and privileges pertaining to the regulations, planting, care and control of shade and ornamental trees and shrubbery upon and on the streets, highways, public places, parks and parkways of the Borough. The Commission shall be legally known as the "Shade Tree Commission of Beach Haven, New Jersey," and shall be governed by the provisions of Chapter 40 of this Code.
There is hereby established, pursuant to N.J.S.A. 40:56A-8 et seq., a Joint Environmental Commission of the Boroughs of Beach Haven, Ship Bottom, Surf City, and Harvey Cedars, for the protection, development and use of natural resources, including water resources, located within the territorial limits of the Boroughs and the Township, which shall be known as the "Joint Environmental Commission of Long Beach Island," and which shall be governed by the provisions Chapter 10 of this Code.
The Historical Preservation Advisory Commission has heretofore been created by Chapter 41 of this Code and shall continue to function as therein described.[1]
[1]
Editor's Note: Former § 2-33, Beach Haven Community Garden, which immediately followed, added 6-10-2019 by Ord. No. 2019-15C, was repealed 11-12-2024 by Ord. No. 2024-33C.
[Added 3-10-2025 by Ord. No. 2025-4C]
A. 
The general public is permitted to access the public areas of municipal buildings and facilities during regular business hours. Public areas shall exclude the private office area of any individual or individuals, which shall be defined as the area where an individual or individuals' desk(s) are located behind a door which separates their work-space from the hallways and other areas of the building where the public normally traverses. At all other times, public access to the municipal building is restricted, except for access to the police department front desk.
B. 
When the general public is permitted to access municipal buildings and facilities, the following areas and facilities have been secured and are not open to the public:
(1) 
Any private office, which is the area where an individual or individuals' desk(s) are located behind a door which separates the employee(s) workspace from the hallways and other areas of the building where the public normally traverses.
(2) 
The employee workspaces and private offices located behind doors and publicly accessible counter areas at the following offices/departments: Clerk, Administrator, Finance, Land Use, Water/Sewer, Public Works, Construction, Police Department, and Municipal Court, located at 300 Engleside Avenue Beach Haven, New Jersey.
(3) 
The employee break room on the second floor or Borough Hall.
(4) 
The Beach Haven Public Works Facility, located at 330 Amber Street, Beach Haven, New Jersey.
C. 
Signs to be posted. The Borough of Beach Haven shall post signs outside of the restricted spaces which read "Stop, Restricted Area, Authorized Employees Only."
D. 
Violations and penalties. Persons that trespass these posted, protected offices may be subject to prosecution under N.J.S.A. 2C-18-3.