[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-14-1939 by Ord. No. 123 (Ch. 13 of the 1973 Borough Code)]
[Amended 1-2-1973]
The Board of Health of the Borough of Mount Ephraim shall be
composed of three members, these to be the duly elected Board of Commissioners
of said Borough. Each member of the Board of Health so appointed shall
hold office during his tenure as a member of the Board of Commissioners.
The Board of Health shall have the powers given it by the statutes
of the State of New Jersey and shall have power to appoint a Secretary
and a Medical Inspector, each of whom shall hold office during the
pleasure of the Board of Health, unless some other term is specified
by the statutes. No salaries shall be paid to any member of the Board
of Health for serving as such member.
No salary of any employee or officer of the Board of Health
shall be fixed or paid except with the approval of the Board of Commissioners
of the Borough of Mount Ephraim by formal resolution to such effect.
The Board of Health shall each year prepare and submit to the Board
of Commissioners of the Borough of Mount Ephraim a budget for said
year, which shall be presented to the Board of Commissioners between
the first and 15th days of January of such year. No expenditures for
salaries or any other purpose, however, shall be incurred by the Board
of Health until after allocation to it, by the Board of Commissioners
of the Borough of Mount Ephraim, of its funds or budget for such year.
All bills incurred by the Board of Health shall be first submitted
and approved by the Board of Health and then forwarded by it to the
Board of Commissioners of the Borough of Mount Ephraim for payment,
and payment shall be made as and when the same is authorized by the
Board of Commissioners of the Borough of Mount Ephraim.
[Adopted 3-11-1964 by Ord. No. 249 (Ch. 19 of the 1973 Borough Code)]
[1]
Editor's Note: The substantive provisions of this article were readopted by reference 1-18-1977 by Ord. No. 369, to remain in effect until 2-1-1978 or until the Borough exercises its full statutory powers to regulate development pursuant to the Municipal Land Use Law (c. 291, P.L. 1975), whichever occurs first. See also Ch. 470, Land Use Procedures, for other Joint Land Use Board provisions.
This article shall be known and may be cited as the "Mount Ephraim
Borough Joint Land Use Board Ordinance."
Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., a Joint
Land Use Board, to consist of nine members, plus two alternate members,
is hereby created.
[Amended 5-6-2004 by Ord.
No. 725; 8-6-2015 by Ord. No. 09-15]
There is hereby established, pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-23, in the Borough of Mt. Ephraim, a Joint
Land Use Board of nine members consisting of the following four classes:
A.
Class
I: the Mayor, or the Mayor's designee in the event of the Mayor's
absence. A Mayor's designee shall be by appointment of the Mayor.
The Mayor's designee shall be a Township resident of at least
18 years of age and serve during the term of the Mayor. The Mayor's
designee shall hold no other municipal office, position or employment
as set forth below for Class IV Joint Land Use Board Members.
B.
Class
II: one of the officials of the municipality other than a member of
the governing body, to be appointed by the Mayor.
C.
Class
III: a member of the governing body, to be appointed by it.
D.
Class
IV: six other citizens of the municipality, to be appointed by the
Mayor. The members of Class IV shall hold no other municipal office,
except that one member may be a member of the Board of Education.
E.
Alternate
members.
(1)
Two alternate members shall be appointed to the Borough Joint Land
Use Board by the Mayor. The alternate members shall meet all the qualifications
of Class IV members of nine-member planning boards. The alternate
members shall be designated at the time of appointment by the Mayor
as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate
members shall be for two years, except that the terms of the alternate
members shall be such that the term of not more than one alternate
member shall expire in any one year; provided, however, that in no
instance shall the terms of the alternate members first appointed
exceed two years. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
(2)
No alternate member shall be permitted to act on any matter in which
he has, either directly or indirectly, any personal or financial interest.
An alternate member may, after public hearing if he requests one,
be removed by the governing body for cause.
(3)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Amended 11-3-1988 by Ord. No. 542; 5-6-2004 by Ord. No. 725; 8-6-2015 by Ord. No. 09-15]
A.
The
term of the member composing Class I shall correspond with his official
tenure. The terms of the members composing Class II and Class III
shall be for one year or shall terminate at the completion of their
respective terms of office, whichever occurs first.
B.
The
term of a Class IV member who is also a member of the Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever occurs first.
C.
The
terms of all Class IV members first appointed pursuant to this article
shall be so determined that, to the greatest practicable extent, the
expiration of such terms shall be evenly distributed over the first
four years after their appointment as determined by resolution of
the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the terms of any present members of the Joint Land Use
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter, all Class IV
members shall be appointed for terms of four years except as otherwise
herein provided. All terms shall run from July 1 of the year in which
the appointment was made.
D.
All
members of the Joint Land Use Board shall serve without compensation.
E.
No
member of the Joint Land Use Board shall be permitted to act on any
matter which he or she has, either directly or indirectly, any personal
or financial interest. Any member, other than a Class I member, after
a public hearing if he or she requests one, may be removed by the
governing body for cause.
The Joint Land Use Board is authorized to adopt bylaws governing
its procedural operation. It shall elect a Chairman from the members
of Class IV and create and fill such other offices as it shall determine.
It shall have the authority to pay for services and such other expenses
as may be necessary, not exceeding in all aggregate amounts as may
be available through appropriation by the governing body for the use
of said Joint Land Use Board and gifts as may be made available to
it.[1]
The governing body may by ordinance provide for the reference
of any class of matters to the Joint Land Use Board for study and
report thereon before final action is taken by the municipal body
or municipal officer having final authority.
Whenever a public hearing is required on any matter, the Joint
Land Use Board shall follow the procedure as described in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. The Joint Land Use Board shall
perform and carry out the duties and functions as further provided
and set forth within the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., and such supplemental and amendatory acts thereof.
