[1980 Code § 4-76]
The administrative functions, powers and duties of statutory
and other agencies of the Town government not allocated and assigned
by this chapter shall be subject to the supervision of the Mayor,
except as otherwise specifically required by law, and for this purpose
such statutory and other agencies are allocated and assigned to the
office of the Mayor.
[1980 Code § 4-77]
The Board of Trustees of the Joint Free Public Library of Morristown
and Morris Township as heretofore established and empowered pursuant
to law is continued.
[Ord. No. O-39-98 § 50-1]
The Town of Morristown's Environmental Commission is hereby
established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A.
40:56A-1 to 40:56A-12), as amended by Chapter 35, P.L. 1972, Chapter
334, P.L. 1975, and Chapter 168, P.L. 1989.
[Ord. No. O-39-98 § 50-2; Ord. No. O-6-99]
a.
Regular members.
1.
The commission shall consist of seven members appointed by the Mayor,
one of whom shall also be a member of the Planning Board and all of
whom shall be residents of the Town of Morristown; the members shall
serve without compensation except as hereinafter provided. The Mayor
shall designate one of the members to serve as Chairman and presiding
officer of the Commission. The terms of office of the Commissioners
shall be for three years, and until the appointment and qualification
of their successors.
2.
A regular member shall not be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
The Mayor or governing body may remove any member of the Commission
for cause, on written charges served upon the member and after a hearing
thereon at which the member shall be entitled to be heard in person
or by counsel. A vacancy on the Commission occurring otherwise than
by expiration of a term shall be filled for the unexpired term in
the same manner as an original appointment.
b.
Alternate members.
1.
The Mayor may appoint not more than two alternate members, to be
designated "Alternate No. 1" and "Alternate No. 2."
2.
The terms of the alternate members shall be for two years. A vacancy
occurring otherwise than by expiration of a term shall be filled by
the Mayor for the unexpired term only.
3.
An alternate member shall not 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 or she
requests one, be removed by the governing body for cause.
4.
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. 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 first.
[Ord. No. O-39-98 § 50-3]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Town. The Commission shall have power
to conduct research into the use and possible use of the open land
areas of the Town and may coordinate the activities of unofficial
bodies organized for similar purposes and may advertise, prepare,
print and distribute books, maps, charts, plans and pamphlets which
in its judgment it deems necessary for its purposes. It shall keep
an inventory of all open areas publicly or privately owned, including
open marshland, swamps and other wetlands, in order to obtain information
on the proper use of such areas and may recommend to the Planning
Board plans and programs for inclusion in the Master Plan and the
development and use of such areas.
[Ord. No. O-39-98 § 50-4]
The Commission may, subject to the approval of the Governing
Body, acquire property, both real and personal, in the name of the
Town by gift, purchase, grant, bequest, devise or lease for any of
its purposes and shall administer the same for such purposes subject
to the terms of the conveyance or gift. Such an acquisition may be
to acquire the fee or any lesser interest, development right, easement
(including conservation easement), covenant or other contractual right
(including a conveyance on conditions or with limitations or revisions)
as may be necessary to acquire, maintain, improve, protect, limit
the future use of or otherwise conserve and properly utilize open
spaces and other land and water areas in the Town.
[Ord. No. O-39-98 § 50-5]
The Commission shall keep records of its meetings and activities
and make an annual report thereon to the Governing Body.
[Ord. No. O-39-98 § 50-6]
The Commission may appoint such clerks and other employees and
incur such expenses as it may require, provided that the same shall
be within the limits of funds appropriated to it by the Governing
Body or otherwise available to it.
[Ord. No. O-39-98 § 50-7]
The Commission shall have power to study and make recommendations
concerning open space preservation, water resources management, air
pollution control, solid waste management, noise control, soil and
landscape protection, environmental appearance, marine resources and
protection of flora and fauna.
[1980 Code § 21-1; Ord. No. O-2-08]
Pursuant to the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq., the body corporate and politic known as the Housing
Authority of the Town of Morristown is hereby continued.
[1980 Code § 21-2; Ord. No. O-2-08]
The Authority shall consist of seven members, of whom five shall
be appointed by the Town Council, one by the Mayor and one by the
Commissioner of the N.J. State Department of Community Affairs. The
Commissioners shall serve for terms of five years and until their
respective successors have been appointed and qualified. All vacancies
shall be filled in the same manner as the original appointments were
made, but for the unexpired term only.
[1980 Code § 21-3; Ord. No. O-2-08]
The Housing Authority shall have all the powers, duties and
responsibilities set forth in the Local Redevelopment and Housing
Law (N.J.S.A. 40A:12A-16 et seq.)
[1980 Code § 30-1; Ord. No. O-2-08]
The public body corporate and politic created pursuant to the
provisions of N.J.S.A. 40:11A-1 et seq. and known as the Parking Authority
of the Town of Morristown is hereby continued.
[1980 Code § 4-82; Ord. No. O-2-08]
The Parking Authority shall consist of five Commissioners, each
of whom shall be appointed by the Town Council for a term of five
years. All vacancies shall be filled in the same manner as the original
appointments were made, but for the unexpired term only.
[1980 Code § 30-2]
The Parking Authority shall have and exercise all the powers
and perform all the duties provided by the Parking Authorities Law
(N.J.S.A. 40:11A-1 et seq.) and any other statutes applicable thereto.
[1980 Code § 30-3]
It is expressly provided that no real property shall be acquired
by the Parking Authority by the exercise of the power of eminent domain
without the consent of the Town Council.
[1980 Code § 32-3]
There is hereby established in the Town of Morristown pursuant
to N.J.S.A. 40:60-25.1(D) a Public Parking System which shall be known
and designated as "Morristown Public Parking System."
[1980 Code § 32-4]
The system shall be a single publicly owned utility, owned,
established, consolidated and combined by the municipality and operated
and maintained by the municipality, its agents and lessees.
[1980 Code § 32-5]
The system shall include all public parking facilities to be
constructed by the municipality in conjunction with the Speedwell
Avenue urban renewal project and such other public parking facilities
as the municipality shall from time to time establish or acquire.
[1980 Code § 32-6]
The municipality shall have and exercise with respect to the
system all powers granted to a municipality by N.J.S.A. 40:60-25.1,
as the same is presently constituted or may hereafter be supplemented
or amended, and by any other statute pertinent to a municipal public
parking system as defined in N.J.S.A. 40:60-25.1(D).
[1980 Code § 32-7; Ord. No. O-21-87 § 32]
a.
Rates, fees and charges established. The fees, rates or charges as
fixed and established for the various types of parking or use or services
of the Morristown Public Parking System, being the multilevel public
parking garage or facility to be constructed or acquired and operated
by the Town in the Speedwell Avenue urban renewal area of and in the
Town, are provided for in the schedule below.
1.
First hour or fraction thereof: $0.35.
2.
Each succeeding half hour or fraction thereof: $0.35.
3.
Daytime minimum charge 6:00 a.m. to 6:00 p.m.: $2.50.
4.
Evening maximum charge 6:00 p.m. to 6:00 a.m.: $1.75.
5.
Monthly parking permit: $50.
6.
Group (purchase of 25 or more) monthly parking permits, per permit:
$40.
7.
Overnight hotel or motel guest parking (validated by hotel or motel):
$2.
b.
Group purchases limited. It is hereby established and provided that
not more than 450 group-purchase monthly parking permits shall be
issued for the use or services of said system.
[Ord. No. O-2-2013; Ord. No. O-12-2017]
There is hereby established in the Town of Morristown, pursuant
to N.J.S.A. 40:64-1 et seq., a Shade Tree Commission which shall be
known and designated as the "Shade Tree Commission of Morristown."
The Shade Tree Commission of Morristown shall consist of between five
and seven members and may include not more than two alternate members.
The members and alternates must be residents or direct employees of
the Town of Morristown and are to be appointed by the Mayor. No member
of the Shade Tree Commission of Morristown shall receive compensation
for their services.
[Ord. No. O-2-2013; Ord. No. O-12-2017]
The terms of the members shall be as follows. If the Shade Tree
Commission of Morristown consists of five members, their terms shall
be for the respective periods of one, two, three, four and five years,
beginning on January 1 next succeeding such appointment. If the Shade
Tree Commission of Morristown consists of more than five members the
additional members shall be appointed for terms of five years. The
terms of each appointee shall be designated in his/her appointment.
All subsequent appointments, except to fill vacancies, shall be for
the full five-year term, to commence on January 1. The Town of Morristown
may fill any vacancies by reason of the death, resignation or removal
of any member.
Alternate members shall be designated at the time of appointment
as "Alternate No. 1" and "Alternate No. 2" and shall serve during
the absence or disqualification of any regular member or members.
The term of each alternate member shall be for five years commencing
on January 1 of the year of the appointment, provided that if two
alternate members are appointed, the initial terms of Alternate No.
1 and Alternate No. 2 shall be four years and five years respectively.
Alternate members may participate in discussions but may not vote
except in the absence of or disqualification of a member. A vote of
the members shall not be delayed in order that a member may vote instead
of an alternate member.
The initial members and alternate members shall be appointed
within 60 days of the effective date of this Ordinance. Within 30
days following the appointment of the total membership, and thereafter
annually, the Shade Tree Commission of Morristown shall elect one
of its members as President and appoint a Secretary.
[Ord. No. O-2-2013; Ord. No. O-12-2017]
The Shade Tree Commission of Morristown shall have the power
to: (i) exercise full and exclusive control over the regulation, planting,
and care of shade and ornamental trees and shrubbery now or hereafter
located or planted in the Town of Morristown on the public highways,
public places, parks and parkways, except State highways unless the
Department of Transportation has assented thereto and except County
highways, parks and parkways, in counties now or hereafter having
a County Shade Tree Commission, unless the County Shade Tree Commission
or County Department of Parks and Recreation has assented thereto;
(ii) regulate and control the use of the ground within the drip line
of such trees, as may be necessary for their proper growth, care,
and protection on any public property; (iii) move or require the removal
of any tree, or part thereof, dangerous to the public safety; (iv)
recommend to the Mayor and Town Council any and all ordinances necessary
or proper for carrying out the provisions of this chapter; (v) administer
treatment to, or remove, any tree situated upon public property which
is reasonably believed to harbor a disease or insects readily communicable
to neighboring healthy trees in the care of the Town of Morristown;
(vi) assist the Zoning Board of Adjustment, Planning Board and/or
Building and Uniform Construction Code Enforcement Division, and Public
Works Department in an advisory capacity with respect to applications
for site plan approval, major or minor subdivision approval, soil
movement permits, variance approvals, and issuances of building permits
to the extent that such applications involve the preservation and
inventory of trees within the Town of Morristown; (vii) attend regular
meetings, maintain minutes of said meetings, and report, at least
annually to the Mayor and Town Council and (viii) encourage arboriculture.
[Ord. No. O-2-2013; Ord. No. O-12-2017]
Prior to any work being done by any person or State, County
or municipal board, body or official within the Town of Morristown
that may impact shade and ornamental trees or shrubbery by the laying
of sidewalk, the construction or paving of any street, or any similar
act, written notice shall be provided to the Shade Tree Commission.
In all such cases, the Shade Tree Commission shall reasonably cooperate
with such person, board, body or official for the general public good.
[Ord. No. O-12-2017]
In cases where the Shade Tree Commission has voted to approve
an applicant's request for the removal of healthy Town shade or ornamental
tree(s) or shrubbery, the Shade Tree Commission may require that the
removal cost be borne by the applicant. In addition, the applicant
may be responsible for replacement compensation to the Town of Morristown
for the value of the removed tree(s) or shrubbery. The health of the
tree will be determined by the Town Arborist.
The Shade Tree Commission will assess the tree's or shrubbery's
replacement value using the most recent available edition of the NJ
Species Rating Guide of the NJAISA, the DBH (diameter of the tree
measured at approximately 4.5 feet above the natural ground level)
as well as the condition of the tree(s) or shrubbery.
The tree replacement planting compensation will be formulated
on an equal caliper inch per caliper inch of replacement value. All
replacement plantings will be coordinated through, supervised and
approved by the Town Forester.
Alternatively, the replacement compensation may be satisfied
by the payment of a fee of $250 per caliper inch of assessed replacement
value. That dollar assessment shall be paid directly into The Town
of Morristown Public Tree Donation Trust Fund which shall be held
separate from the general fund and maintained by the Town Business
Administrator.
[Ord. No. O-2-2013; Ord. No. O-12-2017]
The Shade Tree Commission shall keep records of its meetings
and activities and make an annual report to the Business Administrator
by December 31st of each year.
[Ord. No. O-12-2017]
Any person or entity that removes, transplants, trims or otherwise
treats a Town shade and ornamental tree or shrubbery in violation
of this section may be subject to a maximum fine upon conviction not
to exceed $1,500.
Additionally, any person or entity in violation of this provision
shall pay a tree replacement assessment to the Town of Morristown.
The assessment shall be calculated consistent with (N.J.S.A. 40:64-12b)
not to exceed $27 per square inch. The cross section shall be calculated
from the DBH and for a multi-stem tree each trunk shall be measured
and a sum determined for the tree. The Shade Tree Commission will
assess the tree(s) replacement value using the most recent available
edition of the NJ Species Rating Guide of the NJAISA, the DBH (diameter
of the tree measured at approximately 4.5 feet above the natural ground
level) as well as the condition of the tree(s) or shrubbery. The tree
replacement assessment shall be paid directly into The Town of Morristown
Public Tree Donation Trust Fund held separate from the general fund
and maintained by the Town Business Administrator.
