Township of Roxbury, NJ Administrative Code

The mayor shall take the chair at the hour appointed for the meeting, and shall immediately call the council to order.

In the absence of the mayor and deputy mayor, the clerk shall call the council to order. The clerk shall then determine whether a quorum is present and in the event a quorum is present call for the election of a chair-person pro tempore. Upon the appearance of the mayor or deputy mayor, the temporary chairperson shall forthwith relinquish the chair upon the conclusion of the business immediately before the council, and when the deputy mayor is presiding, he or she shall likewise relinquish the chair upon the appearance of the mayor.

Roll call. At the beginning of each meeting of the council, the clerk shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. If any member appears after the roll call, the clerk shall enter in the minutes the time of attendance of such member.

Quorum. A majority of the whole number of members of the council shall constitute a quorum. Should no quorum be present within 30 minutes after the hour appointed for the meeting of the council, the person presiding may thereupon adjourn the meeting to a fixed date, unless by unanimous agreement the members then present select another hour or day.

Order of business.

At each regular meeting of the council, the order of business shall be as follows; provided, however, the presiding officer, in the exercise of reasonable discretion, may alter the order of business:

(1)

Pledge of Allegiance;

(2)

Open public meeting statement;

(3)

Roll call;

(4)

Presentations, awards, etc., if any;

(5)

Approval of minutes;

(6)

Public portion;

(7)

Reports of council liaison representatives, council committees and new business/old business;

(8)

Matters requested/referred by council members, manager, attorney or clerk;

(9)

Introduction of proposed ordinances;

(10)

Hearing and adoption of ordinances on second reading;

(11)

Introduction and adoption of resolutions;

Personnel changes;

Communications;

Public portion;

Executive session (if necessary);

(16)

Adjournment.

At workshop meetings of the council, the order of business shall be as follows; provided, however, the presiding officer, in the exercise of reasonable discretion may alter the order of business.

(1)

Pledge of Allegiance;

(2)

Open public meeting statement;

(3)

Roll call;

(4)

Reports of council liaison representatives, council committees and new business/old business;

(5)

Public portion;

(6)

Matters requested/referred by council members, manager, attorney or clerk;

(7)

Approval of minutes;

(8)

Draft ordinances for discussion;

(9)

Ordinances to be introduced;

(10)

Ordinances to be adopted;

(11)

Draft resolutions for discussion;

(12)

Resolutions to be adopted;

(13)

Communications;

(14)

Executive session (if necessary);

(15)

Adjournment.

Official action may be taken at a workshop meeting if deemed necessary in the public interest provided that the public has had notice of the potential for official action to be taken.

Minutes.

The title of the minutes shall reflect the nature of the meeting, i.e., whether same was a regular, special, workshop or emergency meeting as well as the date the meeting was held.

The introductory paragraph of the minutes shall contain a statement indicating the date, time and place that the meeting was called to order and shall be followed by a statement required to be included in the minutes pursuant to the Open Public Meetings Act.

The second paragraph shall include a roll call of council members present and those absent, an identification of township personnel in attendance, and the name of the person presiding as the chair as well as the name of the recording secretary.

The minutes shall include every form of action of the township council, whether such action is represented by a motion, resolution, or ordinance. All actions of the governing body shall be reflected by a motion, resolution, or ordinance.

(1)

Motions made by members of the council shall be reflected in the minutes by the name of the mover and the seconder. The minutes should reflect the working in which the motion was adopted or otherwise disposed of, the disposition of the motion and the votes of all council members being present and voting.

(2)

Written resolutions shall be reflected in the minutes by title and the action taken thereon shall be reflected by indicating the name of the mover and the seconder, the disposition of the motion and the votes of all council members present and voting. The full text of the resolution so acted upon shall be attached to and be part of the certified permanent minutes.

(3)

Ordinances at time of introduction and at time of adoption shall be reflected by indicating the name of the mover and the seconder, the disposition of the motion and the votes of the council members present. The full text of the ordinance shall be attached to and be a part of the certified permanent minutes for both the date of introduction and adoption.

As a general rule, the minutes shall contain mainly a record of what was done and what official actions were taken at the meeting and should not include the opinions or interpretations of the secretary of the meeting. Verbatim reflection of discussions and opinions is specifically disapproved.

(f)

The subject matter shall be divided into separate paragraphs and all topics discussed shall be recorded with the simple and clear statement such as "a discussion was held with regard to...". Council members shall have the privilege of including their precise words in the record by stating that they would "like to have the record reflect...". Council members also shall have the privilege of including in the minutes an abstract of their statements on any subject matter before the council, not exceeding 100 words.

(g)

Committee reports deemed to be of significance may be included and entered in the minutes if deemed of significant importance by majority of the council, in which case the entire text of the report shall be reported in the minutes.

(h)

Minutes shall reflect the chronology and order in which events occurred at the meeting.

(i)

The name and address of individuals addressing the council, or if the individuals addressing the council are employees, the name and title only, shall be reflected in the minutes and the subject matter of what was discussed briefly and simply set forth.

(j)

Approval of the minutes and amendment of the minutes shall be made by motion. Minutes, once amended, shall not be approved until the amendment has been incorporated into the minutes.

Voting.

The vote upon every resolution or ordinance shall be taken by roll call except that the mayor or other presiding officer shall be polled last, and the yeas and nays shall be entered upon the minutes.

No ordinance or resolution may be adopted without the affirmative vote of a majority of a quorum.

Once the call of the roll is ordered, no member shall discuss or explain his vote and the silence of any councilperson who is present shall be recorded as an affirmative vote. An abstention shall be counted with the affirmative votes in the case of a tie. Otherwise, an abstention shall be counted with the majority.

Committees.

Other than ad hoc advisory committees, there shall be no standing committees of the council other than the committee of the whole. The rules of the council shall govern the meetings of the committee of the whole so far as applicable;

Special committees of the council for legislative purposes may be appointed by the council, by motion or resolution, upon affirmative vote of a majority of the council. No special committee shall proceed to the consideration of any matter referred to it unless a majority of the members of the committee shall be present. All committee meetings, unless otherwise directed, shall be held at the municipal building or in another public building.

10.

Appointments by council. With respect to appointments to be made by the council, any members of the council may nominate as many candidates as there are offices to be filled. The council will consider such nominations in committee of the whole, which will report to a regular meeting of the council. Each nomination before acted upon must receive a second. Where there is a single office to be filled, the vote of the council on the appointment shall be taken in sequential order of nomination and the first nominee to receive a majority shall be deemed appointed.

Where there is more than one office to fill, such as on a board, advisory committee, the same procedures shall be followed with respect to each office separately until the total number of appointments to be made has been completed.

In the discretion of the chair, a group of nominations may be considered at once where there is no apparent division in the council as to the nominees included in the group.

11.

Rules of debate.

Questions under consideration. When a question is presented and seconded, it is under consideration and no motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These motions shall have preference in the order in which they are mentioned and the first two shall be decided without debate.

Obtaining the floor. Every member of the council desiring to speak for any purpose whatsoever shall address the presiding officer, and upon recognition, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

Interruption. A member once recognized shall not be interrupted when speaking unless it be to call the member to order or as herein otherwise provided. If a member while speaking be called to order, the member shall cease speaking until the question of order be deter-mined by the presiding officer, and if determined to be in order, shall be permitted to proceed.

Privilege of closing debate. The mayor or other presiding officer shall have the privilege of closing the debate.

12.

Addressing council and decorum.

The council members shall preserve order and decorum, and a member shall neither by conversation or otherwise, except as herein provided, delay or interrupt the proceedings, or disturb the peace of the council, nor shall any member, while speaking, refuse to obey orders of the council or its presiding officer;

In the proper order of business, and at the time designated, any member of the public may address the council upon recognition by the mayor or other presiding officer. A person addressing the council shall step up to the microphone, give their name and address in an audible tone of voice for the record, and adhere to the time limit, if any, fixed by the council. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than the members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer.

Any person making impertinent or slanderous remarks that causes the disturbance of the council's business, or who shall become boisterous while addressing the council, shall come to order upon order of the mayor or other presiding officer. Failure to come to order, after notice by the mayor, shall result in the person being barred by the presiding officer from further comments before the council, unless permission to continue or again address the council be granted by the majority vote of the council.

13.

Suspension of the rules. Any of the rules of procedure may be suspended by a majority vote of the councilmen then present.

§ 2-4.8 Ordinances, Resolutions, Contracts, Etc.

Preparation of ordinances: Ordinances shall be prepared for presentation to the council upon request of a councilman, or majority vote of the council, or upon request in writing by the manager.

Prior review by administrative staff: All ordinances, resolutions and contract documents before presentation to the council shall:

Have been approved as to form and legality by the township attorney or his authorized representative; and

Have been examined as to administrative consideration by the manager or his authorized representative. The manager shall submit to the council a written memorandum concerning the administrative aspects of each ordinance, resolution and contract unless he shall advise the council that no administrative questions are involved.

Each administrative memorandum may include the specific comments and recommendations of the director concerned with the subject of the memorandum.

Introduction for passage or approval:

Ordinances, resolutions and other matters or subjects requiring action by the council shall be introduced and sponsored by a member of the council, except that the manager or attorney may present ordinances, resolutions, and other matters or subjects to the council and any councilman may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered.

Resolutions, unless laid over by a majority vote of the council, shall be acted upon the day of the introduction or presentation.

Ordinances and resolutions shall be called up for action on motion of a member of the council.

§ 2-4.9 Manager; Council Administration.

The manager shall be responsible to the council for proper administration of the affairs of the township. He shall attend all council meetings and may participate in council discussions, without vote.

§ 2-5 TOWNSHIP MANAGER.

§ 2-5.1 Qualifications.

The township manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. If he is not a resident of the township, the manager shall be required to become a resident within one (1) year of his appointment provided that he may reside outside the township only with the approval of the council which approval must be given annually and each such approval may not exceed a period of one (1) year from the date that it is given.

§ 2-5.2 Term.

The township manager shall hold office for an indefinite term and may be removed by a majority vote of the council. At least thirty (30) days before such removal shall become effective, the council shall, by a majority vote of its members, adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing and may request a public hearing, which shall be held not earlier than twenty (20) days, nor later than thirty (30) days, after the filing of such request. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members, may adopt a final resolution of removal.

By the preliminary resolution, the council may suspend the manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the preliminary resolution.

§ 2-5.3 Designation of Deputy Manager.

The manager shall designate a qualified administrative officer of the township to perform his duties during any temporary absence or disability. Such designation shall be in writing and filed with the township clerk. In the event of his failure to make such designation, the council may by resolution appoint an officer of the municipality to perform the duties of the manager during such absence or disability until he shall return or his disability shall cease.

The council may designate a qualified administrative officer of the township to act as manager during a vacancy in the office.

§ 2-5.4 Manager; Powers and Duties.

The township manager, subject to policies established by the council, shall:

Be the chief executive and administrative officer of the township;

Direct and supervise the administration of all departments of the township, and be responsible for the maintenance of sound personnel policies and administrative practices;

Execute all laws and ordinances of the township;

When authorized within the municipal budget, appoint officers and employees for whose selection no other method is provided by this code, or by statute or general law. The manager shall also have the power to remove officers and employees for whose removal no other method is provided by this code or by State or general law. The manager shall supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the township council;

Exercise and discharge the functions of the township clerk as provided by the statutes, the charter and this administrative code during the township clerk's absence or disability;

Negotiate contracts for the municipality, subject to the approval of the council, and make recommendations concerning the nature and location of municipal improvements, and execute municipal improvements as determined by the municipal council;

See that all terms and conditions imposed in favor of the township 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 township council;

Attend all meetings of the township council with the right to take part in the discussions, but without the right to vote;

Recommend to the township council for adoption such measures as he may deem necessary or expedient, keep the council ad-vised of the financial conditions of the municipality, make reports to the council as requested by it and at least once a year shall make a report to the council and to the public on the administration and the status of the local government for the benefit of the council and the public;

Investigate at any time the affairs of any officer or department of the municipality;

Act as head of any department in the event of a vacancy or the absence or disability of a department head, or designate another township officer to serve temporarily in such event;

Perform such other duties as may be required by charter, ordinance or resolution of the township council;

Execute contracts of the township upon approval of the contracts by the township council.

§ 2-5.5 Delegation by Manager.

The manager may, in his discretion, allocate, assign, or delegate functions or powers to a department head for more efficient administration of the township government; provided that any such delegation, allocation or assignment shall not relieve the manager of any of his responsibilities under the charter or this administrative code, nor shall it be inconsistent with any expressed requirement of the code. Any such delegation shall be in writing which shall be filed with the clerk and reported to the council.

§ 2-5.6 Township Property and Insurance.

The manager shall have custody, management and control of all township property which is not otherwise allocated or assigned to a department by the code.

The manager, with the prior approval of the council, shall arrange for such insurance coverage as may be required by the township to protect it against risks of loss from whatever cause. All insurance policies and surety bonds shall be filed for safekeeping with the town-ship clerk, except that the official surety bond covering the township clerk (or the clerk collector) shall be filed with the treasurer.

§ 2-6 NON-DEPARTMENTAL OFFICERS, BOARDS AND COMMITTEES.

§ 2-6.1 Municipal Attorney.

The municipal attorney shall be appointed by the council by a majority vote of its members and shall serve at the pleasure of the council for a term not to exceed one (1) year from the first day of January, of the year of his appointment, and until his successor has been appointed and qualified. He shall be an attorney-at-law of the State of New Jersey. The attorney shall receive such compensation as may be agreed upon and authorized by the council.

Duties. The municipal attorney shall represent the township in all legal matters, and shall advise and assist in all legal matters the council, manager, and departments as required in the administration of the township government. He shall attend meetings of the council, draft resolutions, and give opinions and rulings on questions of law which may arise at the council meetings. He shall prepare or approve all legal instruments relating to the business of the township. He shall represent the township in all litigation and conduct trials, appeals and other proceedings affecting the interests of the township as he may, in his discretion, determine to be necessary or desirable, subject to the approval of the council. The municipal attorney shall further:

Maintain records of all actions, suits, proceedings and matters which relate to the township's interests, and report thereon from time to time as the council or manager may require;

Have power to enter into any agreement, compromise or settlement of any litigation in which the township is involved, subject to the approval of the council;

Upon the termination of his service with the township, he shall forthwith surrender to his successor all township property, papers and records, together with a written consent to substitution of his successor in any pending actions or proceedings.

Special counsel. Whenever he deems the interests of the township to so require, the township attorney, with the approval of the council, and within the limits of available appropriation, may appoint special counsel to assist him in the preparation, trial or argument of any issue or in such other capacity as he may determine. If the municipal attorney should be disqualified with respect to any matter, the council shall appoint special counsel to represent the township for and with respect to such matter, within the limits of available appropriations.

§ 2-6.2 Municipal Prosecutor.

There shall be a municipal court prosecutor appointed annually by the council. He shall be an attorney-at-law of the State of New Jersey. He shall serve under the general direction of the township council and he shall conduct prosecutions for crimes and offenses cognizable by the municipal court of the township, including violations of township ordinances, complaints of any department under State law and prosecute appeals taken as a result of convictions obtained in the municipal court by virtue of complaints on municipal ordinances.

§ 2-6.3 Municipal Court. [1]

The municipal court as heretofore constituted and empowered pursuant to law is continued. The judge of the municipal court shall be appointed by the council for the term prescribed by law.

Editor's Note: For fees for municipal court services see Chapter XXIV, section 24-9.

§ 2-6.4 Municipal Auditor.

The municipal auditor shall be appointed by the council by a majority vote of its members and shall serve at the pleasure of the council for a term not to exceed one (1) year from the first day of January of the year of his appointment, and until his successor has been appointed and qualified. The auditor shall be a registered municipal accountant of the State of New Jersey, and, in lieu of appointing an individual auditor, the council may appoint a firm of auditors, one or more members of which shall be a registered municipal accountant of the State of New Jersey. The municipal auditor shall receive such compensation as may be agreed upon and determined by the council.

Duties. The municipal auditor shall make the annual audit and shall have the powers and perform the duties prescribed by general law, ordinance, and/or rules and regulations of the Division of Local Government in the Department of Community Affairs of the State of New Jersey. He shall also perform such duties and render such services as may be prescribed by resolution and/or ordinance of the council.

§ 2-6.5 Library Board.

The board of trustees of the free public library shall continue as heretofore established and constituted. The board of trustees shall consist of nine (9) members, one (1) of whom shall be the mayor, one (1) of whom shall be the superintendent of schools and seven (7) of whom shall be citizens of the township. The mayor and the superintendent of schools may, respectively, appoint an alternate to act in their place and stead with authority to attend all meetings of the board and, in their absence, to vote on all questions before the board. The other seven (7) members shall be appointed by the mayor. The citizen members shall serve for a term of five (5) years. The board of trustees of the free public library shall:

Hold in trust and manage all property of the library;

Purchase books, pamphlets, documents, papers and other reading matter;

Hire librarians and other necessary personnel, and fix their compensation;

Make proper rules and regulations for the government of the library;

Generally do all things necessary and proper for the establishment and maintenance of the free public library within the township;

Annually make a report of its transactions, accounts and the state and condition of the library to the township council.

§ 2-6.6 Planning Board.

There shall be a planning board of the Township of Roxbury which is to be continued pursuant to the Municipal Land Use Law, N.J.S.A. 40: 55D-1, et seq. and the Revised General Ordinances of the Township of Roxbury (1978), with specific reference to Chapter XIII thereof. The board shall have the functions, powers and duties prescribed by said statute and ordinances, except to the extent that the provisions of said ordinances are inconsistent herewith. The planning board shall consist of nine (9) members, provided that the Class I member shall be the mayor, the Class II member shall be appointed by the mayor from among the officials of the township, the Class III member shall be appointed by the council from among its members other than the mayor and the Class IV members shall be appointed by the council from among the other residents of the township.

There shall be two (2) alternate members appointed by the council to the planning board who shall be designated at the time of their appointments "Alternate No. 1" and "Alternate No. 2".

§ 2-6.7 Regional Planning Board.

There shall be a Lake Hopatcong Regional Planning Board which, as heretofore constituted pursuant to N.J.S.A. 40: 55D-77 et seq. (the Municipal Land Use Law) and Article 4, Sections 13-4.1 et seq. of the Revised General Ordinances of the Township of Roxbury (1978), is hereby continued with the functions, powers and duties prescribed by said statute and ordinances. There shall be two (2) resident members of the Township of Roxbury appointed by the council to the Lake Hopatcong Regional Planning Board. One (1) such resident member shall hold no other public office or position except appointive membership on the Township of Roxbury Planning Board. One (1) citizen member shall serve for a term of four (4) years; if a second citizen member be appointed, he shall serve for a term of two (2) years. If a public official is appointed he shall serve for the length of his term of office.

§ 2-6.8 Zoning Board of Adjustment.

There shall be a zoning board of adjustment which pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Revised General Ordinances of the Township of Roxbury (1978), with specific reference to Chapter XIII thereof, is continued with the functions, powers and duties prescribed by said statute and ordinances, except to the extent that the provisions of said ordinances are inconsistent herewith. The zoning board of adjustment shall consist of seven (7) members, appointed by the township council.

There shall be two (2) alternate members appointed by the council to the zoning board of adjustment who shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2.",

§ 2-6.9 Environmental Commission.

Effective January 1, 1984, there shall be an environmental commission established under N.J.S.A. 40:56A-1 et seq. consisting of seven (7) 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 township. The members shall serve without compensation. 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 first appointed shall be for one, two or three years, to be designated by the mayor in making his appointments so that the terms of approximately one-third of the members will expire each year, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. The first members of the commission shall be appointed for the following terms: two (2) members for the term expiring December 31, 1984; two (2) members for the term expiring December 31, 1985; and, three (3) members for the term expiring December 31, 1986.

The mayor or township council 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. The powers of the commission are as follows:

To conduct research into the use and possible use of the open land areas of the township and coordinate its efforts with the efforts of the recreation advisory committee, planning board, and such other committees and advisory boards as may be empowered to deal with and study similar issues;

Keep an index of all open areas, publicly or privately owned, in order to obtain information on the proper use of such areas, and may, from time to time, recommend to the planning board and township council programs for inclusion in the municipal master plan and the development and use of such areas;

Subject to approval of the township council and within the limits of funds appropriated to the commission, advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes;

Subject to the approval of council, recommend the acquisition of property, both real and personal, in the name of the township, 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 limitation or reversions), 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 township;

Study and make recommendations concerning open space preservation, water resource and management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna;

Subject to the appropriations provided by the township council, the manager shall provide such clerical and other services to the commission, as he may deem necessary. All expenditures shall be in accordance with the fiscal regulations of the township and within the limits of funds appropriated to it;

Make an annual report to the township council of its activities and recommendations.

§ 2-6.10 Historic Advisory Committee.

[Ord. #1-82, S2-6.10; Ord. #1-84, S1; Ord. No. 11-2015]

There shall be a historic advisory committee to consist of seven members to be appointed by the council. Each member shall serve for a term of four years, except that of those first appointed, one member shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. The historic advisory committee shall meet periodically and shall advise or consult with the council, planning board, and/or zoning board, with respect to development and preservation of the historic areas of Roxbury Township in accordance with the provisions of Chapter XIII, Land Use, of the Revised General Ordinances of the Township of Roxbury (1978).

The purpose of the historic advisory committee (H.A.C.) is to review construction permits and site plans as set forth in this subsection to advise the council and planning board with respect to the development and preservation of the historical areas and structures in the Township of Roxbury, and to provide advice, guidance, and encouragement to the property owners in the township in the preservation of the historical areas and/ or characteristics of the township.

At least four members of the committee shall constitute a quorum for the transaction of its business. The committee shall adopt rules for the transaction of its business which shall provide for the time and place of holding regular meetings. They shall provide for calling of special meetings by the chairman or at least three members of the committee. All meetings of the committee shall be open to the public, and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the committee prior to reaching its decision.

The historic advisory committee shall elect from its membership a chairman and vice chairman whose terms of office shall be for one year. The chairman shall preside over the committee and shall have the right to vote. The vice chairman shall, in cases of absence or disability of the chairman, perform the duties of the chairman. The committee shall keep a record which shall be open to the public view of its proceedings and action. The committee shall be governed by Roberts Rules of Order.

Procedures.

Upon receipt by the construction official for an application for a building permit, and upon determination that the application requires review by the H.A.C., the construction official shall advise the applicant of the review process and shall request of the applicant any additional information sought by the H.A.C. for their review. The construction official shall then forward the application and any requested additional information to the secretary of the H.A.C. for review and comment.

The H.A.C. shall review the application and information submitted and, if necessary, shall meet with the applicant to discuss the proposed action. The purpose of this review is to assist the applicant to perform the proposed construction, repair or alteration so that it will be compatible with the historic preservation district zone within which the structure is located and/or is in keeping with the original period or architecture of the structure.

The H.A.C. shall complete its review process as soon as practical but not longer than 20 days of the date of the application for a building permit. After this time period, the construction official shall issue the requested building permit provided that the permit conforms with the requirements of the Uniform Construction Code.

In its review of the applications under this section, the committee shall endeavor to assure that all buildings hereafter erected or altered, including signs thereon, and all alterations within the historic preservation districts shall be of such design, appearance and relation to one another as to enhance the historic preservation district, and the committee shall give consideration to the following:

The historical or architectural value and significance of the structure and its relationship to the architectural and historic value of the surrounding area.

The general compatibility of exterior design, arrangement, texture and materials proposed to be used.

Any other factor including aesthetics when it deems pertinent to the intent and purpose of this section.

It is the intent of this section that the committee shall encourage appropriate alterations or repairs to those structures in the historic preservation district which would be complementary to the original or dominant architectural style and which would enhance rather than detract from the structure's predominant appearance. Any construction, alterations or repairs shall also be complementary to adjoining structures.

It is intended that demolition of unique structures should be discouraged as their loss will be a common loss to the Township of Roxbury and the neighborhood. Moving of a structure in the district should be encouraged only as the last resort as an alternate to demolition, if there is no other way to save the structure.

(f)

It is also the intent of this section that the committee shall review plans for new construction so that such construction is compatible with existing structures in the neighborhood. It is not intended that new construction be a copy of a particular historic period or style, but rather compatible in the use of materials, scale, color, size and setback.

Emergency repairs. When emergency repairs are required, the construction official shall notify the chairman of the committee or his designee of such emergency and a recommendation of the committee concerning the emergency repairs shall be made within 48 hours. The construction official may allow temporary repairs to a structure prior to the committee's review when such repairs are necessary for continued occupancy of the building or for the maintenance of public safety. Such emergency repairs shall be made in accordance with the provisions of the Uniform Construction Code.

Evaluation. The committee shall prepare a report for the township council evaluating the effectiveness of the work of the historic advisory committee after the review of 50 construction permit applications. The evaluation shall document the effect the committee has had upon development within historic preservation districts, and the community as a whole, and shall recommend whether said committee should remain in existence as originally established, or whether it should be altered, or abolished.

There shall be two alternate members appointed by the Council to the Historic Advisory Committee who shall be designated at the time of their appointment as Alternate No. 1 and Alternate No. 2. The term of office for such alternates shall be for four years, except that of those first appointed, one alternate member shall be appointed for a term of two years and one alternate appointed for a term of four years. Such alternate members shall be citizens of the municipality and hold no other public office except for that of either Planning Board or Zoning Board of Adjustment member. In the absence of any regular Historic Advisory Committee member, such alternate members shall have full entitlement to act as a regular committee member and vote on all matters as may come before the committee.

§ 2-6.11 Economic Development Committee.

There is hereby established an economic development committee for the following purposes:

To serve as a communication channel between the business and industrial economic interests in Roxbury Town-ship and the municipal government;

To serve as an ombudsman between the municipality, its agencies and officials and the business and industrial interest through the investigation of areas of mutual concern, the reporting of the facts surrounding areas of interest, and when necessary, the mediation of opposing viewpoints;

To encourage the economic well-being and expansion of the existing businesses and industries located in the township;

To encourage the relocation into the township of business and industrial concerns which will have a positive impact on the financial well-being of the community;

To develop and maintain the information, literature and data to assist businesses and industries in their expansion and/or relocation;

To conduct a promotional program consistent with the financial resources to be provided by the township council that will encourage the expansion and/or relocation of businesses and industries;

To review township ordinances, policies, and practices to determine their impact on existing and proposed businesses and industries and to make recommendations to the appropriate township agency for their revision if these revisions would facilitate the economic expansion of the township;

The economic development committee shall be composed of seven members to be appointed by the township council. Each member shall serve for a three-year term except that of those first appointed two shall be appointed for a term of one year, two for a term of two years, and three for a term of three years. Whenever possible, the committee members shall be appointed by council from residents who are knowledgeable in the fields of real estate, financing, manufacturing and commercial interests. The township manager, a representative of the planning board and a representative of the township council shall serve as ex officio members of the committee.

The committee shall meet periodically, shall select a vice chairman and a secretary from its members. The chairman shall be appointed by the mayor on an annual basis.

The committee shall prepare an annual report to the council in December of its activities and a projected budget for the upcoming year. Minutes shall be kept of all of its meetings and copies filed with the township clerk.

It shall be assumed that any member who misses three consecutive regular meetings of the committee has resigned and a replacement shall be appointed by the township council.

§ 2-6.11A Municipal Public Defender.

There shall be a municipal public defender appointed annually by the mayor and council. The appointed individual shall be an attorney-at-law of the State of New Jersey. The appointment shall run for the remainder of the calendar year of appointment. The public defender shall be responsible to conduct the legal representation of indigent defendants whose cases are cognizable in the Municipal Court of Roxbury Township and have been assigned to the public defender by the municipal court judge following review of the financial condition of the applicant. Any individual defendant in the municipal court applying for a public defender shall be assessed a fee as set forth in Chapter XXIV, section 24-9; provided, however, that the municipal court judge, in his discretion, may waive all or any portion of said fee if, in the opinion of the municipal court judge and for reasons placed on the record of the proceedings, the application fee constitutes an unreasonable burden on the individual seeking representation. The appointment shall be by resolution of the mayor and council setting a fixed annual fee to be paid in 12 equal installments as a professional services contract without bidding pursuant to the Local Public Contract Law. The authorization for collection of application fees from indigent defendants is authorized pursuant to N.J.S.A. 2B:12-28.

§ 2-6.12 Additional Advisory Bodies.

In addition to such offices, boards, and committees as are provided by this section, there shall be such additional advisory boards and committees as are otherwise constituted and empowered by the charter or this code, or hereafter created specifically by ordinance by the township council.

§ 2-6.13 Advisory Bodies Generally.

All members of the boards and committees created pursuant to this section shall serve without compensation. The manager shall appoint and may remove such clerical personnel as may be required for the administration of the advisory boards or committees created under this code, in accordance with the charter. Insofar as practicable, staff services for any such board or committee shall be provided by full-time township employees. Within the limits of available appropriations, the boards and committees herein created may request through the manager such professional assistance from the township attorney, township planner, and township engineer, as may be necessary and proper in the orderly administration of their duties and responsibilities.

§ 2-6.14 Cable Television Advisory Committee.

There is hereby established a cable television advisory committee for the following purposes and to serve the following functions:

To review all cable television franchise agreements affecting Roxbury Township; to consider and evaluate the present and future cable-related needs and interests of the community; to consider and evaluate such matters as the possible rebuilding and upgrading of the existing and future cable television system, the present and future programming, and the impact of present and future laws, regulations and rulings regarding the utilization of the cable television system and all other matters relating to the use and operations of the cable television system within Roxbury Township.

The cable television advisory committee is an advisory body only, established pursuant to the provisions of subsection 2-6.12 of the Administrative Code of the Township of Roxbury.

The cable television advisory committee shall report all findings and recommendations directly to the governing body which may make such use and take such action if any, as it deems appropriate, fit and in conformity with its duties as the governing body of the Township of Roxbury.

The cable television advisory committee shall consist of five members, each to be appointed by the governing body. Each member shall serve for a three year term except that of those first appointed two shall be appointed for a term of one year, two for a term of two years and one for a term of three years. The committee members shall be appointed by the governing body from residents of Roxbury Township whenever possible. The township manager and a representative of the township council shall serve as ex-officio members of the committee.

The committee shall meet periodically and shall select a vice-chairman and secretary from its members. The chairman shall be elected by majority vote, by the members of the committee, on an annual basis.

Any three voting members present shall constitute a quorum of the committee. Minutes shall be kept of all of its meetings and copies filed with the township clerk.

If any member shall miss three consecutive meetings, said member may be deemed by the governing body to have resigned and a replacement may be appointed by the governing body to finish the individual's unexpired term.

§ 2-7 DEPARTMENTAL ORGANIZATION.

§ 2-7.1 Departments.

There shall be the following administrative departments among and within which the manager shall allocate and assign all administrative functions, powers and duties of the township government which are not otherwise assigned to a particular department by the charter or code:

Department of Finance

Fire Department

Department of Health and Welfare

Department of Planning, Development and Inspections

Department of Police

Department of Public Works

Department of Recreation

Department of Emergency Management

Department of Engineering

§ 2-7.2 Department Heads; Powers and Duties Generally.

Each department head, under the direction and supervision of the manager shall:

Exercise and discharge such functions, powers and duties as may be allocated and assigned to the department by the charter or by any ordinance;

Direct and supervise the work of his department;

Organize the activities of the department and allocate and assign functions to its employees;

Have such powers of appointment and removal of subordinates within the departments as may be delegated to him by the manager pursuant to the charter;

Unless and until a department head is appointed by the manager, and a salary fixed for said position by the council by salary ordinance, the manager shall serve as acting head of the department without additional compensation.

§ 2-7.3 Multiple Appointments.

The manager may, with approval of the council, serve as head of one (1) or more departments. The manager may appoint the same person to serve as head of two (2) or more departments, without additional compensation, and a department head may also be appointed by the manager to serve as head of a division within his department without additional compensation.

§ 2-8 DEPARTMENT OF FINANCE.

§ 2-8.1 Department Generally.

There shall be a department of finance, the head of which shall be the director. Unless and until the council shall authorize the appointment of a separate director of finance, the manager shall serve as the director without additional compensation.

§ 2-8.2 Divisions.

Within the department there shall be the following divisions:

Division of treasurer, purchasing and licensing, the head of which shall be the treasurer;

Division of tax and utility collections, the head of which shall be the tax collector;

Division of assessments, the head of which shall be the township assessor;

§ 2-8.3 Functions Generally.

The director of finance shall be the chief financial officer of the township and shall be qualified by training and experience in office management, municipal budgeting, accounting and finance. He shall supervise the work of the department and its divisions, be responsible for the accounting, pre-auditing, control, receipts, custody and disbursement of township revenues, and expenditures for all fiscal matters and financial policies of the municipality, serve when necessary, and without additional compensation as acting township tax assessor, acting township tax collector, acting township treasurer, acting township purchasing agent, personnel officer, and acting township clerk.

§ 2-8.4 Division of Treasurer and Purchasing.

[Ord. #1-82, S2-8.4; Ord. #1-88, SIII; Ord. #01-13; Ord. No. 06-2016]

The director shall supervise the activities of the division of treasurer and purchasing in the performance of the following:

Developing, maintaining, and enforcing a uniform system of accounts, including forms, standards, and procedures for all departments of the municipal government. Any uniform system of accounts shall include appropriate provisions for such records and reports as may be prescribed or approved by the manager for the determination of the cost of performance of each functional program or activity, measured in such work units as may be appropriate thereto, and for such data, records, and reports as may be prescribed or approved by the manager for the preparation and execution of a budget for the expenditure of public funds for capital purposes to give effect to general improvement programs;

Maintaining and operating the township's central bookkeeping and accounting records according to sound accounting principals, and in accordance with the requirements of the director of the State Division of Local Government;

Auditing all receipts and disbursements of the municipal government and each of its departments and pre-auditing all bills, claims and demands against the township, including payrolls, and require each department head to certify that the materials, supplies or equipment have been received and accepted as specified and that the services have been duly rendered;

Controlling all expenditures to assure that budget appropriations are not exceeded and maintain such books and records as may be required for the proper exercise of such budgetary control;

Administering the central purchasing system, which may include the appointment of a Purchasing Agent, if the position is authorized within the municipal budget. The Purchasing Agent shall be appointed by the Director of Finance with the consent of the Township Manager. The Purchasing Agent shall be required to possess a valid Qualified Purchasing Agent Certificate, as issued by the New Jersey Division of Local Government Services, Department of Community Affairs. The Purchasing Agent shall have, on behalf of the Township Council, the authority, responsibility and accountability for all purchasing activity pursuant to the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising for and receive bids and requests for proposals for the provision or performance of goods, services and construction contracts; to recommend to the Director and Township Manager the award of contracts and to conduct any activities as may be necessary or appropriate to the purchasing function of the Township pursuant to the Local Public Contracts Law and the regulations promulgated by the state.

In accordance with the authority established in N.J.S.A. 40A:11-3 and N.J.A.C. 5:34-5.2, the following bidding thresholds are hereby established for the Township's Purchasing Agent:

[Amended 7-8-2020 by Ord. No. 10-20]

Bid threshold: $44,000.00.

Quotation threshold: $6,600.00.

Maintain the personnel system as prescribed by the internal procedures, any civil service rules and regulations applicable, and the personnel rules and regulations promulgated by the manager;

(Reference)[1]

Editor's Note: Paragraph g was repealed in entirety by Ordinance No. 1-88.

Keep and maintain books and records of all financial transactions of the township in accordance with the standards and requirements of the Division of Local Government in the Department of Community Affairs of the State of New Jersey, keep and have custody of all public monies of the township and shall make monthly reports to the manager and council of all receipts, expenditures, commitments, and unexpended appropriations, and control all expenditures to insure that budget appropriations are not exceeded;

All monies received from any source by or on behalf of the township or any department, division, board, office or agency, except as otherwise provided by ordinance or State statute shall be paid to the division of treasurer, purchasing and licensing, who shall within forty-eight (48) hours of their receipt, deposit them to the credit of the township in the authorized depository of the township, to the credit of the proper account:

No bill or claim shall be paid unless it contains a detailed statement of the items or demand, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct, nor shall any bill, claim or demand be paid unless the voucher on which it is presented carries a certification of a department head or of the duly designated representative, having personal knowledge of the facts that the goods have been received by, or the services rendered to, the township;

All bills, claims and demands against the township shall be deemed approved or disapproved by the council in accordance with the action of the director of finance. A voucher on a form prescribed by the director of finance shall be presented for each bill, claim or demand, and shall be paid only upon the audit, warrant and approval of the director of finance. Disbursement shall be made by a combination warrant-bank check or draft warranted by the director of finance, signed by the treasurer, and countersigned by the manager or acting manager, except that payroll checks may be signed by the treasurer alone, upon voucher and warrant of the director of finance, or manager, for a total payroll period;

The director of finance shall prepare for each regular meeting of the council a list of all bills, claims and vouchers which have been approved for payment since the last preceding list was compiled. Such list shall be prepared in sufficient quantity for each member of the council and the manager, and at least one (1) copy may be filed with the clerk as a public record open to examination in his office.

§ 2-8.5 Division of Tax Collections.

Within the department of finance there shall be a division of tax collections. The head of the division shall be the tax collector who shall be appointed pursuant to law. The tax collector shall:

Perform and exercise all the functions, powers and duties as are provided by the charter, municipal ordinance and general law relating to municipal tax collectors;

Receive and collect all monies assessed or raised by taxation or assessment for any purpose and at the close of each business day deliver all receipts to the treasurer;

Keep proper records and shall report to the director of the department at least monthly all financial transactions and shall in such report account for all monies for which he is responsible. He shall keep a current record for all tax title liens, advising the director promptly as liens become subject to foreclosure under the law. He shall enforce the payment of delinquent taxes by the means provided by law as soon as the same become delinquent;

Serve as municipal tax search and utility search officer and collector of local improvement assessments;

Bill and collect water use and sewer use charges as authorized by law and ordinance;

Fees. Fees shall be as set forth in Chapter XXIV, section 24-11.

§ 2-8.6 Division of Tax Assessments.

Division established. There is hereby created a division of tax assessments within the department of finance.

Assessor; duties; term; qualifications; vacancy; compensation. The tax assessor shall be appointed by the township council for a term of four years as provided by N.J.S.A. 40A:9-148. The person appointed as tax assessor shall possess the necessary qualifications and certificates and education for said position as required by law. The tax assessor shall establish the assessments for the township in accordance with applicable law, supervise the work of the division and its employees, and perform such other duties as shall be prescribed by law. The tax assessor shall serve in office until a successor is appointed and qualified. In the event of a vacancy in the office of the tax assessor, the township council shall fill the vacancy for the unexpired term. The assessor shall receive such compensation as shall be prescribed by ordinance.

Assistant or deputy assessors. There shall also be such additional assessment clerks or deputy and assistant assessors as may be assigned to the division from time to time by the township manager and who shall serve under the direction and supervision of the tax assessor.

§ 2-8.7 (Reserved) [1]

Editor's Note: Former subsection 2-8.7, Board of Assessments for Local Improvements, previously codified herein and containing portions of Ordinance Nos. 1-82, 28-91 and 8-94, was repealed in its entirety by Ordinance No. 02-08.

§ 2-9 FIRE DEPARTMENT. [1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1-82.

§ 2-9.1 Organization.

The Fire Department of the Township of Roxbury shall be divided into three companies to be known as Roxbury Chemical Engine Company No. 1, Roxbury Chemical Engine Company No. 2 and Roxbury Chemical Engine Company No. 3.

The department shall be under the direction and control of the department chief who shall report to the township manager who shall serve as the administrative authority. The department chief shall oversee all three companies. There shall also be a first assistant chief, second assistant chief, and third assistant chief. Each company within the department shall have an assistant chief, captain, lieutenant, engineer, and assistant engineer and if desired an emergency medical service captain, 1st lieutenant, 2nd lieutenant and engineer. In addition, each company may appoint a member of the clergy as chaplain.

§ 2-9.2 Election of Chiefs: Terms of Office.

The chief shall be nominated by the fire company entitled to select the chief on a rotating basis as set forth below. Commencing at the fire department elections held in December 2006, the chief shall be selected from Fire Company No. 3. Thereafter, and continuing on a rotating basis, the chief shall be selected from the fire company that held the position of first assistant chief the previous year. The three assistant chiefs shall be nominated from their respective fire companies on a rotating basis in the order set forth in paragraph b. below. They shall be selected through elections held in each fire company at the annual company meeting held in November. The names of those elected by each company shall be submitted to the fire department for confirmation at the regular meeting held in December. The results of the elections shall be transmitted by the fire department secretary to the township clerk for confirmation by the township council at its regular reorganization meeting.

The office of first assistant chief shall be filled by the officer who held the position of second assistant chief the previous year if he/she is re-elected by his/her fire company. The office of second assistant chief shall be filled by the officer who held the position of third assistant chief the previous year if he/she is re-elected by his/her fire company. Commencing at the fire company elections held in November of 2006 and continuing thereafter in the rotation set forth below, the election of the third assistant chief shall be on the following basis:

For the term commencing January 1, 2007, the third assistant chief shall be elected from the roster of past or present captains of Roxbury Chemical Engine Company No. 3.

For the term commencing January 1, 2008, the third assistant chief shall be elected from the roster of past or present captains of Roxbury Chemical Engine Company No. 1.

For the term commencing January 1, 2009, the third assistant chief shall be elected from the roster of past or present captains of Roxbury Chemical Engine Company No. 2.

No person shall be eligible for the office of chief unless he/she shall have first served three years as assistant chief with the department, shall be a resident of the township, has been an active fireman with the department for a period of not less than five years during which he/she has maintained a minimum of 60 percent of all fire department alarms and functions, is of good moral character and meets all applicable requirements of the Division of Fire Safety in the State of New Jersey.

No person shall be eligible for the office of assistant chief unless he/she shall have served one year as a fire captain, shall be a resident of the township, has been an active fireman with the department for a period of not less than five years during which he/she has maintained a minimum of 60 percent of all fire department alarms and functions, is of good moral character and meets all applicable requirements of the Division of Fire Safety in the State of New Jersey.

§ 2-9.3 Term of Office.

The term of office of each officer elected pursuant to subsection 2-9.2 of this section shall be for one year commencing January 1 next following their election.

§ 2-9.4 Membership Qualifications.

No person shall become a member of the fire department of the Township of Roxbury unless they shall be a resident of the township or reside within five miles of the boundary line of the Township of Roxbury for at least six months immediately prior to the date of their application for membership. In addition, they shall be at least 18 years of age, a citizen of the United States and in a good condition of physical fitness to perform the duties of a firefighter and/or EMS person as evidenced by a certificate to that effect signed by a duly licensed physician of the State of New Jersey.

§ 2-9.5 Membership Procedures.

The procedures for membership in the fire department shall be as follows:

Each volunteer fire company shall establish objective qualifications for membership, which shall relate directly and solely to the physical and technical ability and character of fitness of an applicant to perform the vocational duties of a volunteer fireman.

Each company shall submit a notice to the township clerk which shall include the company's name, address, the names of its officers and members, and the dates of its regular organizational meetings. Such notice shall be posted by the clerk.

Each company shall supply the township clerk with the application forms, and the clerk shall distribute them on the written request or on personal request made during normal business hours. The form shall state that the application may be filed either by personal delivery or by sending them by mail to the secretary of the company whose mailing address must appear on the application form to be available with the clerk.

The secretary designated to receive applications shall date each application with the time of receipt and shall number the application according to its order of receipt relative to other applications. He or she shall promptly send a letter or postcard to each applicant stating the number of his or her application and the date and time it was received.

All applicants for membership in said department shall obtain a physical examination from the township's physician and shall submit with said application a statement signed by said physician evidencing the physical fitness of the applicant to perform the duties of volunteer firefighter and/or EMS person. The cost of such examination shall be paid by the Township of Roxbury.

A criminal background check and criminal history search shall be performed for each applicant for membership in the Roxbury Fire Department. A member of the Police Department, designated by the Chief of Police, shall conduct a criminal history search of each applicant and any conviction for the following offenses shall be disclosed to the Fire Chief and Township Manager. All applicants must execute the Authorization by Subject of Request and Privacy Act Notification Form SBI-212A or SBI-212B (Request for Criminal History Record Information for a Noncriminal Justice Purpose) for a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history check shall be kept confidential. For the purposes of this check, the Roxbury Township Police Department is hereby authorized to have access to the Criminal History Record Information file through the State Bureau of Investigation. The cost of such criminal history name search shall be paid by the Township of Roxbury. A conviction for any of the following offenses, or their attempt, shall be a disqualification for membership:

[Amended 6-15-2021 by Ord. No. 20-21]

Murder;

Manslaughter;

Aggravated assault;

Aggravated sexual assault;

Arson or any arson-related offense;

Sexual assault;

Criminal sexual contact;

Stalking;

Kidnapping;

10.

Luring;

11.

Possession of child pornography;

Robbery;

Burglary;

Theft over $500;

Official misconduct;

Manufacture or distribution of a controlled dangerous product.

Each company shall establish a membership committee consisting of no more than 15 members who shall be solely responsible for evaluating and ruling upon applications for membership. The committee shall, within 60 days of receipt of a complete application (including criminal background check and physical examination report), make a report to the company as to whether or not the applicant qualifies for membership. The decision of the committee shall be binding on the company and no vote of the membership shall be conducted on the issue as to whether or not an applicant shall be admitted to membership.

Applications that have been deemed incomplete by the membership committee shall be returned to the applicant with a letter explaining the specifics of the incompleteness.

Applicants reported by the membership committee to be qualified for membership shall be admitted in the order in which their applications were received, and appointment shall be made therefrom in that same order.

If the membership committee determines that an applicant does not meet the minimal requirements for membership, the company secretary shall promptly advise the applicant in writing of the rejection and describe with particularity the qualifications which he or she has not substantially met.

After the determination by the company to admit an individual to membership, the company shall advise the township clerk who shall then cause a resolution to be presented to the township council accepting the member into probationary membership in the fire department of the Township of Roxbury.

The new member shall thereupon be given the gear and equipment necessary for a probationary member. Said gear and equipment shall be delivered up to the chief at any time, upon demand of the chief, or when if ever, the said person shall be under charges involving moral turpitude or neglect of duty, or should he/she for any cause cease to be a member of the department.

Approved applications from individuals who have not reached their 46th birthday shall be forwarded to the secretary of the Roxbury Firemen's Relief Association for submission to the New Jersey State Firemen's Association.

§ 2-9.6 Probationary Period.

Any person newly appointed to the fire department shall be deemed a probationary member for a period of the first six months of said appointment. During this probationary period the fire and/or EMS line officers or the department training division shall develop an approved training program that shall be completed by the probationary member. Prior training and current certifications of the probationary member may be considered by the line officers in developing the approved program. Upon expiration of the probationary period, the line officers of the company in which the probationary member seeks membership, shall review his/her records and determine whether the individual has complied with the standards and requirements established by these rules and regulations. If a majority of the line officers, upon review of a probationary members record, shall render a favorable determination, the assistant chief of said company shall report same to the company and said member shall be confirmed as a regular member. Should a majority of the said line officers make an unfavorable determination, upon review of a probationary member's record, as stated, the assistant chief of said company shall report same to the company and the member shall then be dropped from the roll of the fire department. The former probationary member shall be notified, in writing, of his rejection and the particular reasons therefore.

§ 2-9.7 Membership Requirements.

Each member of the fire department shall in each and every year perform a minimum of 60 percent of required duty which shall consist of answering and responding to at least 60 percent of all fire alarms of his/her company and actual attendance at no less than 60 percent of all drills and regularly schedule meetings. Attendance at drills and meetings shall include, but shall not be limited to, the cleaning and storing of equipment and performance of tasks directly related to the operation and maintenance of the building, apparatus and equipment.

A member shall be dropped from the roll of the company should they fail to perform at least 50 percent of required duty, as established by the company, or should they be absent from three successive regular meetings of the company, for any cause whatsoever, except where the member has obtained a valid leave of absence from his company or where attendance to duty or at any meeting is impossible because of total physical disability, as evidenced by a certificate of a duly licensed physician of the State of New Jersey.

Any member of the department who, as a result of a change in residence, fails to meet the membership qualifications set forth in subsection 2-9.4 shall be dropped from the membership roll upon 30 days prior written notice to said member. Current members, as of the date of adoption of this Section, who are nonresidents of the Township of Roxbury, will be grandfathered at their current residence. The township clerk shall be notified regarding any changes in membership status. Should a former member become a Township of Roxbury resident they may apply for membership in the normal manner providing that he/she was in good standing when removed from the roll.

No credit for duty shall be given unless the officer in charge shall have made a written record of such duty, which shall be noted by the officer in his monthly report to the secretary of the company. It shall be the duty of the secretary of each company on or before the regular meeting date of January of each year, to submit a report, in writing, to the assistant chief of his or her company setting forth the emergency calls, drills and other duties attended by each member of the company during the preceding calendar year. The assistant chief shall review the report and forward same to the department chief on or before the regular meeting date of February. The chief shall file the report with the township clerk on or before March 1st.

A member in good standing upon attaining 25 years of service with the department shall have tenure and shall be carried on the rolls as either an "active life member" or as an "inactive life member."

An active life member, to be classified as such, must comply with the duty requirements as defined in paragraphs a. and b. of this subsection.

An inactive life member, to qualify as such, need only attend the regular meetings of his/her company; however, an inactive life member shall be dropped from the roll of the company should he/she be absent from three successive regular meetings of the company, for any cause whatsoever, except where he/she has obtained a valid leave of absence from the company or where attendance at a meeting is impossible because of total physical disability, as evidenced by a certificate of a duly licensed physician of the State of New Jersey. An inactive life member may respond to emergency calls provided that he/she is current with all required regulations and certifications.

§ 2-9.8 Discipline/Grievance Procedure.

The chief or an assistant chief may suspend or remove a member of the fire department for dereliction of duty or other good cause upon written notification to the member.

Any officer or member of the fire department who is aggrieved or dissatisfied with any suspension or dismissal from the fire department as ordered by the chief or an assistant chief shall be given an opportunity to be heard concerning said decision. The following procedures shall be followed:

Written application for a formal hearing must be submitted via certified mail to the department chief within five business days of receipt of notice of said suspension or dismissal.

Upon the chief's receipt of said request for a formal hearing, a hearing shall be scheduled before the board of inquiry. The action of the chief may be stayed pending the hearing upon application to the board of inquiry or at the discretion of the chief.

The department chief will convene the board of inquiry, which shall meet within 15 business days of the department chief's receipt of written application for a hearing. Failure of the department chief to convene the board of inquiry within 15 business days shall nullify the suspension or dismissal.

Voting members of the board of inquiry shall consist of the following individuals:

The department chief, who shall chair the board of inquiry, unless he/she issued the discipline. In the event the department chief issued the discipline, the 1st assistant chief shall chair the board of inquiry.

Three past department chiefs, one being appointed from each fire company by the fire company president for a term of one year commencing January 1.

Three past captains who have never held the rank of chief or assistant chief and are not holding a current line officer position, one being appointed from each fire company by the fire company president for a term of one year commencing January 1.

Three regular members with at least five years of active service with the department, one being appointed from each fire company by the fire company president for a term of one year commencing January 1.

The department secretary, who shall also take minutes of the hearing.

The aggrieved member shall be afforded an opportunity to be heard in full on the matter in controversy, and may be present with such witnesses and/or representatives as he/she sees fit. The board may appoint any person or member to present all available testimony and evidence in the matter.

After due consideration of all the evidence presented before them, the board of inquiry shall retire in private to deliberate, and by secret ballot, vote on the case before them. They may return one of three decisions:

Affirm the suspension or dismissal.

Modify the suspension or reinstate a dismissed member and impose a stated suspension.

Overturn the suspension or dismissal.

All decisions of the board of inquiry shall be by a majority vote of its members and such decisions shall be binding on all officers or members concerned.

The decision of the board of inquiry may be appealed to the township manager, or his designee, by the aggrieved member. The manager's decision on appeal shall be final and binding.

§ 2-9.9 Length of Service.

For the purpose of computing length of service with the department, the date of confirmation of a member by the township council shall be used as the commencement date in making such computation. Time spent on active military duty with the Armed Services of the United States by any person while a member of the fire department shall be included in computing their service with the department. Prior active service with another fire or EMS organization may be utilized in computing length of service, however, no more than 45 percent of the total time required for life member status shall come from prior active service. In addition, written verification of prior active service shall be required from the former organization.

§ 2-9.10 Bylaws.

The department may adopt and make such bylaws for its government, the election of its members, the care and management of its property, and all other acts as may be necessary and expedient for its protection and government.

§ 2-9.11 Standard Operating Procedures.

The department may adopt and promulgate standard operating procedures for use by the department. Once promulgated, the standard operating procedures shall be forwarded to the township manager for approval and shall be implemented following the manager's approval.

§ 2-9.12 Junior Firemen's Auxiliary.

There is hereby established an auxiliary to the Roxbury Fire Department to be known as the junior firemen's auxiliary, which shall operate under and pursuant to N.J.S.A. 40:14-95 et seq. The chief or his/her designee shall be responsible for the direction and control of the auxiliary established within the fire department.

Any resident of the Township of Roxbury between 16 and 18 years of age shall be eligible for membership in the junior firemen's auxiliary. No individual shall become a member of the junior firemen's auxiliary unless permission shall be obtained from such individual's parent or legal guardian. Such permission shall be in writing and acknowledged or proved in the manner required by law for deeds to real estate to be recorded. The original written permission shall be retained by the township clerk with a copy of the same to be forwarded by the clerk to the fire department chief.

Members of the junior firemen's auxiliary shall be provided with the same insurance coverage as provided for the regular volunteer firemen in the Roxbury Fire Department.

The township council hereinafter establishes the following rules and regulations designed to provide for the training of the auxiliary for eventual membership in the Roxbury Fire Department and to govern the activities of the auxiliary.

No junior fireman shall be required to perform duties which would expose the junior fireman to the same degree of hazard as a regular member of the Roxbury Fire Department.

No junior fireman shall be permitted to engage in fire fighting or be in the immediate vicinity of a hazardous condition involving the handling of dangerous or poisonous acids or dyes or injurious quantities of toxic or noxious dust, gases, vapors and fumes.

A junior fireman shall be on probation until the age of 18 years and may be expelled from the auxiliary for just cause.

A junior fireman shall comply with the constitution and bylaws of the Roxbury Fire Department as well as any bylaws established by the auxiliary itself.

A junior fireman shall obey the commands of the fire chief or any other officer of the Roxbury Fire Department in charge of a drill or other department activity.

Training shall include instruction concerning industrial fire systems; breathing apparatus; municipal water systems, hydrants and alternate water sources; care, testing and handling of fire hoses; types and uses of handheld fire extinguishers; procedures for handling alarms; radio procedures; care, cleaning and basic maintenance of apparatus; preparation of knots for hoisting equipment; safety measures for riding on apparatus; use of personal safety equipment and hand tools; theory of pumps and hydraulic fire systems and the use of ladders, including their care and testing. Actual use of the equipment shall be encouraged whenever it shall be deemed advisable by the Roxbury Fire Department, provided that a junior fireman shall not be exposed to any danger; adequate supervision shall be provided and all possible safety precautions shall have been taken.

Junior firemen may apply for an adult class of membership, upon achieving the age of 18 years by completing the appropriate application forms in accordance with fire department procedures.

Subject to the approval of the township council, these rules and regulations may be supplemented by the Roxbury Fire Department.

§ 2-10 DEPARTMENT OF HEALTH AND WELFARE.

§ 2-10.1 Department Generally.

There shall be a department of health and welfare, the head of which shall be the director of health and welfare, who shall be the manager or shall be appointed by the manager for an indefinite term subject to suspension or removal by the manager. The director of the department of health and welfare shall be qualified by training and experience for the duties of his office. Within the department of health and welfare there shall be a division of health and a division of welfare.

§ 2-10.2 Division of Health.

Within the department of health and welfare, there shall be a division of health, the head of which shall be the health officer. Under the supervision of the manager and/or director, the division of health shall:

Have all of the functions, powers and duties of a local board of health under Title 26 of the Revised Statutes of the State of New Jersey except that, as required by the charter, the council shall have and exercise all local legislative powers pursuant to that title;

Plan and administer a comprehensive public health program, including, without limitation thereto, management and enforcement of an environmental sanitation, mental sanitation, septic system control, communicable disease control, child and adult health, and health education, together with such other services as may be authorized by the charter, ordinance, or direction and supervision of the manager;

Administer and enforce the local health ordinances, including the ordinance relating to on-site sewage disposal (septic);

Maintain and administer records of vital statistics, including births, deaths, and marriages, in accordance with State law, and receive applications for and issue marriage licenses pursuant to the law, under which there shall be a registrar of vital statistics, who shall be appointed by the manager. Said registrar of vital statistics shall have charge of the administrative duties involved in obtaining reports of and recording births, marriages, and deaths in the municipality, together with such related work as may be required in accordance with general law and ordinances of the municipality;

The manager shall appoint and employ such health officers, animal warden, or such other personnel as he deems necessary to carry into effect the powers vested by law. Whenever required by law, employees within the department of health shall be the holders of proper licenses issued by the State Department of Health and/or the appropriate licensing authority. The manager shall fix the duties and terms of employment of such employees, and such employees shall receive such compensation as shall be fixed within a general salary ordinance.

§ 2-10.3 (Reserved) [1]

Editor's Note: Subsection 2-10.3, "Health Advisory Board," previously contained herein, has been repealed in its entirety pursuant to Ordinance No. 14-91.

§ 2-10.4 Division of Welfare.

Within the department of health and welfare, there shall be a division of welfare, the head of which shall be the director of welfare. The manager shall appoint the director of welfare pursuant to statute. The director of welfare, under the supervision of the director of the department of health and welfare and/or the manager, except as otherwise required by law, shall:

Administer laws and ordinances relating to relief of the needy, including aid to needy persons who are eligible for public assistance provided through county and State agencies;

Provide or arrange for temporary shelter and custodial care to dependent and homeless persons;

Enter into and perform cooperative agreements with other public agencies and voluntary charitable organizations and services relating to the functions of the division.

§ 2-10.5 Local Assistance Advisory Board.

Within the division of welfare, there shall be a local assistance advisory board to consist of three (3) members to be appointed by the manager for indefinite terms and subject to removal by the manager. The board shall advise the manager concerning matters of local assistance within the township and shall perform such functions and duties as may be prescribed by the manager.

§ 2-11 DEPARTMENT OF PLANNING, DEVELOPMENT AND INSPECTIONS.

§ 2-11.1 Department Generally.

There shall be a department of planning, development and inspections, the head of which shall be the director, who may be the manager or appointed by the manager for an indefinite term, subject to suspension or removal by the manager. The director of the department of planning, development and inspections shall be qualified by training and experience for the duties of his office. Subject to the direction and supervision of the manager, the director shall have overall responsibility for inspection, enforcement, and ensuring compliance with the township master plan, the township land use ordinances, including the zoning ordinance, the inspection and enforcement of all on-site improvements installed and all building projects located within the township, together with the review and approval of all applications for building permits, zoning permits, certificates of occupancy, and such other permits as may be required by law.

Within the department there shall be a division of planning and development, a division of inspections and a board of condemnation.

§ 2-11.2 Division of Planning and Development.

Within the department of planning, development and inspections, there shall be a division of planning and development. The division shall:

Provide staff assistance to the planning board, zoning board of adjustment, and such other boards as may be assigned by the manager;

Prepare, coordinate and implement as appropriate, all township plans involving development applications, housing, capital programs, and such other areas as may be directed by the manager;

Apply for and administer all grants from Federal, State or other sources related to the items in paragraph b. above;

Inspect and enforce compliance with the township master plan, the land use ordinances, including the zoning ordinance and compliance with the requirements of approval for all on-site improvements installed in the township and compliance with all conditions of approval granted by the planning board and/or zoning board;

Perform such additional services and duties as may be required under the supervision and direction of the manager.

§ 2-11.3 Division of Inspections.

Within the department of planning, development and inspections there shall be a division of inspections, the head of which shall be the uniform construction code official, who shall be appointed by the township manager, for an indefinite term, subject to suspension or removal by the manager. Within the division, there shall be such subcode officials as are required under the State Uniform Construction Code and a zoning officer. The division shall:

Be responsible for receiving, reviewing and approving all applications for building permits, certificates of occupancy, and such other permits as may be required by law, together with the administration and enforcement of the uniform construction code and township ordinances relating to construction, and shall perform such other duties and services as may be required under the supervision and direction of the manager;

Enforce all the provisions of the township land use ordinances, including the zoning ordinance.

§ 2-11.4 (Reserved) [1]

Editor's Note: former subsection 2-11.4, Condemnation Board, previously codified herein and containing portions of Ordinance No. 1-82, was repealed in its entirety by Ordinance No. 02-07.

§ 2-12 DEPARTMENT OF POLICE. [1]

Editor's Note: For the Organization and Regulations governing the police department, see Chapter XIX of this Code.

§ 2-12.1 Department Generally.

There shall be a police department, the head of which shall be the chief of police. Subject to the direction and supervision of the manager, the chief of police shall be responsible for the proper and efficient conduct of the police force.

§ 2-12.2 Organization and Functions.

Pursuant to N.J.S.A. 40A: 14-118, the police force shall be organized, constituted, and administered as heretofore established by ordinance, to the extent that any such ordinance is not inconsistent with the charter, this code and general law. The department shall have all the functions, powers, duties and responsibilities prescribed by law and a municipal police department generally and by any provision of the charter and ordinance relating to the township police department, chief of police, and the officers and men of the department.

§ 2-13 DEPARTMENT OF PUBLIC WORKS.

§ 2-13.1 Department Generally.

There shall be a department of public works, the head of which shall be the director of public works. In said department there shall be a division of water, division of sewers, a division of roads, a division of buildings and grounds, a division of repair and maintenance, a division of sanitation and a division of park maintenance.

The director of public works shall be appointed by the manager, for an indefinite term, subject to suspension or removal by the manager. He shall be qualified by training and experience for the duties of his office. He shall be subject to the direction and supervision of the manager and shall be responsible for the proper and efficient conduct of all public work functions of the township government and shall supervise and direct the work of the department, including the supervision and/or maintenance of department records, and the enforcement of standards and procedures for the control, use and care of all township owned equipment, materials and supplies in the custody of the department.

§ 2-13.2 Division of Water.

Within the department of public works, there shall be a division of water. The division shall maintain and operate the township's water system and shall perform such additional services as may be required under the supervision or direction of the director and/or manager.

§ 2-13.3 Division of Sewer.

Within the department of public works, there shall be a division of sewer. The division shall maintain and operate the township's sewer systems and shall perform such additional services as may be required under the supervision or direction of the director and/or manager.

§ 2-13.4 Division of Roads.

Within the department of public works, there shall be a division of roads. The division under the supervision of the director and/or manager shall:

Maintain and repair all township streets, bridges, culverts and drains;

Undertake and administer township road construction projects and road surfacing and resurfacing projects which are to be performed by the department on force account;

Maintain all township roads in a clean and safe condition for travel, free of obstructions and hazards, and remove snow and ice therefrom as required;

Install, repair and maintain street traffic signs, lines and markers;

Maintain township storm sewers and drains;

Perform such additional services as may be required under the supervision and direction of the director and/or manager.

§ 2-13.5 Division of Buildings and Grounds.

Within the department of public works, there shall be a division of buildings and grounds. The division shall be responsible to:

Maintain and repair township buildings and properties and provide custodial and janitorial services therefor, including real estate acquired by gift, tax foreclosure, purchase or otherwise;

Perform such additional services as may be required under the supervision and direction of the director and/or the manager.

§ 2-13.6 Division of Repair and Maintenance.

Within the department of public works, there shall be a division of repair and maintenance. The division shall be responsible to:

Provide for the care, storage, use, repair and maintenance of motor vehicles and motorized equipment of the township;

Provide technical and mechanical services required by any department or agency of the township, subject to the direction of the director and/or manager;

Perform such additional services as may be required under the supervision and direction of the director and/or manager.

§ 2-13.7 Division of Sanitation.

Within the department of public works, there shall be a division of sanitation. The division shall be responsible to:

Collect and dispose of garbage, ashes, paper, rubbish, refuse, trash and other like matter in accordance with specifications and regulations in effect in the township;

Operate a sanitary landfill in the event this method of disposal shall be established in the township;

Perform such other services as may be required under the supervision and direction of the director and/or manager.

§ 2-13.8 Division of Park Maintenance.

Within the department of public works, there shall be a division of park maintenance. The division shall be responsible to:

Maintain and repair parks and playgrounds and other facilities for indoor and outdoor sports, athletic and recreational programs and activities.

Trim, plant and care for public parks, trees and greens;

Perform such other services as may be required under the supervision and direction of the director and/or manager in connection with the maintenance and repair of playfields and playgrounds and recreational areas and facilities owned and operated by the township.

§ 2-13A DEPARTMENT OF ENGINEERING.

§ 2-13A.1 Department Generally.

There shall be a department of engineering, the head of which shall be the township engineer who shall be appointed by the manager. Under the supervision of the manager, the engineer shall:

Prepare, or cause to be prepared plans and specifications for public works and improvements undertaken by the township, either on force account or by public contract.

Supervise the performance of contracts for public works, and certify the amounts due and payable thereunder;

Provide and maintain surveys, maps, plans, specifications and operating standards with respect to public works and facilities owned or operated by the township;

Provide technical and engineering advice and assistance to all departments and to boards, as needed, including the planning board and the zoning board of adjustment and to any engineering consultants under contract with the Township of Roxbury;

Recommend to the manager the use of consulting engineers for specific projects subject to the approval of the council;

Inspect and approve or reject:

The installation of public improvements prior to acceptance of same by the township and return of developer's bond;

Construction work in connection with the installation or repair of water and sewer utilities.

Maintain current index records of "as-built" plans of all township utility construction and a chart of utility contracts entered into by the township;

Maintain a bond chart listing all performance and maintenance bonds delivered to the township containing pertinent information as required by the manager; and inspect and report on public improvements for the purpose of determining compliance with ordinances permitting authorization of return of cash bonds or release of surety;

Assist as authorized in planning and execution of public works and utility projects;

Review and approve or reject plans for:

Connections from buildings to water mains in streets or easements; and

Connections from buildings to sewer mains in streets or easements.

Issue certificates as to liability for assessments for municipal improvements pursuant to law (N.J.S.A. 54:5-18.1 et seq.) and such other certificates that may be prescribed by general law or ordinance;

Perform other engineering services and issue reports as may be required by the council, manager or planning board.

§ 2-13A.2 Fees.

The fees for copying large sheets shall be as set forth in Chapter XXIV, subsection 24-5.1.

§ 2-14 DEPARTMENT OF RECREATION.

§ 2-14.1 Department Generally.

There shall be a department of recreation, the head of which shall be the director of recreation, who shall be appointed by the manager for an indefinite term, subject to suspension or removal by the manager. The director of recreation shall be qualified by training and experience for the duties of his office.

§ 2-14.2 Functions Generally.

The department shall:

Plan, administer and operate athletic, sports, and leisure time programs and activities of recreational interests for children and adults;

Administer and operate such parks, open space areas, and community facilities as the township may have or acquire for purposes of public recreation or conservation;

Sponsor, arrange and provide for the giving of indoor and outdoor exhibitions, concerts, games, and contests, and use and employ public property for such purposes. The department may charge and collect for the use of the township facilities a reasonable admission fee for each person entering or using facilities, exhibitions, concerts, games or contests when authorized by the council;

Adopt reasonable rules, regulations and bylaws for the conduct of all persons while on or using such public property devoted to parks or recreational uses. Any person who shall violate any such rules, regulations or bylaws, may be removed and excluded from said premises and participation in said activities.

§ 2-14.3 Recreation Advisory Committee.

Within the department, there shall be a recreation advisory committee which shall consist of seven members to be appointed by the council. Each member shall serve for a term of three years, except that of those first appointed, two members shall hold office for one year, two for two years and three for three years.

Powers and duties. The committee shall organize annually, adopt bylaws for the conduct of its affairs and select its chairman and other officers to serve in accordance with such bylaws. The Committee shall:

Consult with and advise the director at least once each month with respect to public recreation, policies, programs, and activities within the township;

Review and evaluate from time to time the public recreation needs and resources of the township;

Make such periodic reports and recommendations to the council and the manager as the committee may deem advisable.

Alternate members. There shall be two alternate members of the committee appointed by the council who shall be designated at the time of their appointments "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for three years, except that of those first appointed, Alternate No. 1 shall hold office for three years and Alternate No. 2 shall hold office for two years. The alternate members may participate in discussions of the committee, but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

§ 2-14.4 Fees for Various Recreational Activities.

The fees to be charged for various activities and programs sponsored by the recreation department shall be established annually by resolution by the township council. See Chapter XXIV, section 24-8 for fees.

§ 2-15 DEPARTMENT OF EMERGENCY MANAGEMENT.

§ 2-15.1 Department Generally.

There shall be a department of emergency management consisting of the municipal emergency management director who shall have the powers, functions and duties provided by State statute, and executive orders, rules and regulations.

§ 2-15.2 Director.

The emergency management director shall be appointed by the mayor from among the residents of the township and shall serve for a term of three years. As a condition of appointment, and of the appointee's right to continue for the full term of appointment, each emergency management director shall have successfully completed at the time of appointment or within one year immediately following appointment, whichever is later, the current, approved, emergency management/civil defense director-coordinator course. The failure of any emergency management director to fulfill such requirements within the period described shall disqualify the director from continuing in the office of director and thereupon a vacancy in the office shall be deemed to have been created.

§ 2-16 BUDGET AND FISCAL PROCEDURES.

§ 2-16.1 Fiscal Year.

The fiscal year of the township shall begin on the first day of January and end on the thirty-first day of December in each year, as provided by law.

§ 2-16.2 Budget Preparation, Generally.

The township budget shall be prepared by the manager. During the month of November in each year, the manager shall require all department heads to submit requests for appropriations for the next ensuing budget year and to appear before him at public hearings, which shall be held during that month on the various requests;

Budget requests shall be in such form and detail as the manager shall prescribe;

On or before the 15th day of January, in each year, the manager shall prepare and submit to the council a capital program for the ensuing six (6) fiscal years. A copy of the proposed capital budget shall be forwarded to the planning board for review and comment by said board;

On or before the 15th day of January, the manager shall submit to the council his recommended budget, together with such explanatory comment or statement as he may deem desirable or as requested by the council. The budget shall be in such form as required by law for municipal budgets. It shall, in addition, include a current operating section and a capital section, together with detailed analysis of the various items of expenditure and revenue, and, to the extent feasible, appropriate statements of the costs of performance of functional programs and activities in terms of quantitative, countable units of work for operation and capital expenditures;

The council will thereafter consider and act upon the manager's recommended budget in accordance with the requirements of the local budget law (N.J.S.A. 40A:4-1 et seq.).

§ 2-16.3 Capital Program and Capital Budget.

The capital program and capital budget, prepared by the manager, shall include:

A clear summary of its contents;

A list of all capital improvements which are proposed to be undertaken during the six (6) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements;

Cost estimates, method of financing and recommended time schedules for each such improvement;

The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.

(The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition).

In the capital section of the budget document, the manager shall include such capital projects and outlays as he may select from the capital program, together with the relevant explanation and justification.

§ 2-16.4 Budget Operations.

Budget appropriations shall be controlled by an encumbrance system which shall be prescribed or approved by the manager.

§ 2-16.5 Contracts Generally.

The provisions of the local public contract law, N.J.S.A. 40A: 11-1 et seq., shall govern all aspects of contracts to which the township is a party. All contracts shall be signed by the mayor, attested by the clerk or deputy clerk, and approved by the township attorney for legal form and sufficiency. Purchase orders, for which a formal contract is not required by the charter, may be executed by the manager or purchasing agent without further approval.

§ 2-16.6 Award of Contracts.

Where contracts are let by competitive bidding pursuant to the charter and the Local Public Contracts Law, the council may award the contracts in the manner prescribed by law.

§ 2-16.7 Bond Issues and Notes.

The provisions of Local Bond Law, N.J.S.A. 40A: 2-1 et seq., shall govern all aspects of bonds to which the township is a party.

§ 2-16.8 Purchasing Generally.

All purchases of any supplies, materials or equipment or contractual services (other than professional services) for any department shall be made by the department of finance, pursuant to a written requisition from the head of the department whose appropriation will be charged, and the certification of the treasurer that a sufficient unencumbered balance of appropriation is available to pay therefor. All such purchase contracts shall conform with applicable requirements of State statutes for competitive bidding. Wherever economies can be affected, the manager may purchase materials, supplies or equipment pursuant to a contract or contracts entered into on behalf of the State or of one or more municipalities by the State Division of Purchase and Property, as authorized by law;

The director of each department shall designate by writing filed with the manager the name or names of employees in the department authorized to receive supplies, materials and equipment. The person so designated shall accept deliveries and sign for them, only where the goods are in exact conformity with the order. Should there be any doubt as to quantity or quality, the receipting employee shall immediately notify the department head for appropriate action. If any supplies, materials or equipment are rejected, the department head shall immediately notify the manager;

Except as the manager may authorize in case of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by or pursuant to the code have been followed.

§ 2-16.9 Emergency Purchases.

The manager shall establish a procedure for the purchase of any item or items required for the immediate protection of the public health, safety, morals or welfare, which will permit such emergency purchases to be made for specific purposes in a manner other than above prescribed.

§ 2-16.10 Purchases By Quotation.

Where purchases in excess of five hundred ($500.00) dollars are made without competitive bidding, the purchasing officer shall obtain, wherever practicable, at least three (3) price quotations for the item or items purchased, and shall record and maintain such quotations in his office as a public record. Wherever circumstances permit, the purchase shall be made from the lowest of such quotations received from a responsible supplier.

§ 2-16.11 Standards and Tests.

The manager shall establish or approve uniform standards for requisitions and purchases, and for the examination, test checks and/or inspection thereof.

§ 2-16.12 Reports.

The manager shall present to the council, at council's request, a summary of the financial transactions of the township since the next preceding report.

§ 2-16.13 Vouchers and Certification.

No bill, fee, or claim shall be paid unless it contains a detailed statement of the items or demand, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that is correct; nor shall any bill, claim or demand be paid unless the voucher on which it is presented carries a certification of a department head, or of a duly designated representative, having personal knowledge of the facts that the goods have been received by, or the services rendered to the township.

§ 2-16.14 Audit; Warrant; Payment of Bills and Claims.

All bills, claims, and demands, against the township shall be deemed approved or disapproved by the council in accordance with the action of the manager. A voucher on a form prescribed by the manager shall be presented for each bill, claim or demand, and shall be paid only upon the audit, warrant and approval of the manager. Disbursement shall be made by a combination warrant-bank check or draft warranted by the manager or his designee, signed and counter-signed by the treasurer, except that payroll checks may be signed by the treasurer alone upon voucher and warrant of the manager for a total payroll;

The director of finance shall prepare for each regular meeting of the council a list of bills, claims and vouchers which have been approved for payment through the close of business on the second day preceding the meeting and since the last preceding list was compiled. Such list shall be prepared in sufficient quantity for each member of the council and the manager and at least one (1) copy shall be filed with the clerk as a public record open to inspection.

§ 2-17 OFFICERS AND EMPLOYEES GENERALLY.

§ 2-17.1 Vacancies, Temporary Absence or Disabilities.

In the event of the temporary absence or disability of any administrative officer or employee or, in the event of a vacancy in any office, the manager or deputy manager may designate a qualified person to serve in such office temporarily in an acting capacity, and any such appointee shall have all the functions, powers and duties of an incumbent until such absence or disability terminates or such vacancy is filled by appointment.

§ 2-17.2 Surety Bond.

Every officer or employee of the township, who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of public monies or funds, and any other officer or employee who may be required so to do by the council shall before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by resolution of the council, binding him to the township in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute such a bond with sufficient surety and deliver his bond to the clerk, except that the clerk shall deliver his bond to the treasurer before he enters upon the discharge of the duties of his office or employment;

If any officer or employee shall neglect to execute and deliver his bond as herein required within thirty (30) days of due notification of election or appointment, his office may be declared vacant by the council;

In every case in which a person is required by the laws of the State of New Jersey, or by any ordinance to give bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business as a surety in the State of New Jersey, and the premium therefore shall be paid by the township. Each such bond shall be approved by the township attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.

§ 2-17.3 Public Records.

All of the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department and/or the township generally, shall be carefully and conveniently filed, kept, and preserved, and be and remain the sole property of the municipality and shall not at any time be removed from the offices of such department except when required for use in official business, and shall then be returned to such office without delay. The manager generally, and each department head specifically for his department shall be responsible for enforcing the requirements of this section. This section shall be subject to the provisions of "Destruction of Public Records Law" (1953) N.J.S.A. 47: 3-15 et seq.;

All public documents and records shall, during office hours, be open to public search, inspection, examination and copying subject to and within the limits prescribed by law, N.J.S.A. 47:lA-1 et seq., and provided that such search, inspection and examination may be made under such regulations as the officer having custody of such record, books, and documents, shall establish for the safety and preservation thereof.

§ 2-17.4 Delivery of Funds and Records.

Upon the termination of the term of office or the employment of any officer or employee, he shall forthwith deliver to his successor or, if there be no successor, to the manager or other person who may be designated by the council to receive the same, all monies, papers, books, memoranda, accounts and data of any nature whatever pertaining to his office.

§ 2-17.5 Public Office Hours.

The public, administrative and executive business offices shall be open for the transaction of public business daily, except Saturdays and Sundays, and legal holidays, between such hours as the manager may prescribe, with the approval of the council, except as otherwise provided by law. In the event of an emergency, as declared by the manager and the mayor, all departments shall provide municipal services of twenty-four (24) hours a day. The manager or a department head may require any officer or employee to be in attendance for work on any day or days whenever he determines that a public exigency or emergency so requires.

§ 2-17.6 Full Time Service.

Every municipal officer and employee whose compensation is established on a full time basis shall devote his entire time during business hours to the duties of his office.

§ 2-17.7 Unexcused Absences.

A member of any board or committee who does not have a statutory term or tenure of office, and who has been absent unexcusably from three (3) successive regular meetings of such board or committee may be removed from office by council after notice and an opportunity to explain the absences.

§ 2-17.8 (Reserved) [1]

Editor's Note: Former subsection 2-17.8, Conflict of Interest, previously codified herein and containing portions of Ordinance No. 1-82 was repealed by Ord. No. 18-91. See section 2-22 for code of ethics for town-ship employees and officers.

§ 2-17.9 Personnel Rules and Policies.

The township manager shall, with the advice and consent of the township council, prepare general administrative rules and policies concerning the departments and employees of the township which rules and policies shall include but not be limited to provisions governing the following:

The classification of all township positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances;

A pay plan for all township positions;

The policies and procedures regulating reduction in force and removal of employees;

The hours of work, attendance regulations and provisions for sick and vacation leave;

The policies and procedures governing persons holding provisional appointments;

The policies and procedures governing relationships with employee organizations;

Policies regarding in-service training programs;

Grievance procedures, including procedures for the hearing of said grievances;

Other practices and procedures necessary or desirable to the administration of a sound personnel system.

§ 2-17.10 Additional Duties Generally.

In addition to those functions, duties and services specifically assigned to the township departments and employees by this code, all departments and employees thereof shall have such further duties, functions and services as shall be required under the supervision, order and direction of the manager, or by the council pursuant to adoption of an ordinance and/or resolution.

§ 2-17.11 Position Titles and Job Descriptions.

The titles listed in the Personnel Classification Schedule in subsection 2-17.12 of this chapter are hereby established as the official position titles to be used in the personnel system of the township. Each position title shall correspond to a job description which shall contain the job duties, responsibilities and requirements. Position titles shall be adopted by resolution of the township council and shall remain in effect until amended or abolished by subsequent action of the council.

The township manager shall establish the personnel organization structure for each township department and/or office. This personnel organization structure shall show the position titles required for each department and/or office in view of the objectives and assignments of that department and/or office. This personnel organization structure shall be shown in the manager's budget as presented to the township council and shall be reviewed and approved by the council through the budgetary process.

Each employee of the township shall be assigned a position title by the township manager in accordance with their assigned duties, responsibilities and requirements.

§ 2-17.12 Personnel Classification Schedule.

[Ord. #12-83, SII; Ord. #5-84, SIII; Ord. #8-84, S1; Ord. #3-85, SI; Ord. #6-87, SSI, II; Ord. #7-88, SSI; Ord. #15-90, SI; Ord. #11-91, SI; Ord. #20-91, SI; Ord. #10-92, SI; Ord. #22-92, SI; Ord. #12-93, SI; Ord. #16-94, SI; Ord. #5-95, SI; Ord. #5-96, SI; Ord. #35-96, S4; Ord. #10-97, SI; Ord. #2-98, SI; Ord. #13-99, S1; Ord. #16-2000, S1, Ord. #12-01, S1; Ord. #9-02, S1; Ord. #14-03, S1; Ord. #03-04, S1; Ord. #18-05, S1; Ord. #17-06, S1; Ord. #04-07, S1; Ord. #03-08, S1; Ord. #11-09, S1; Ord. #24-09, S1; Ord. #02-10, S1; Ord. #15-10, S1; Ord. #19-10, S1; Ord. #2-11, S1; Ord. #13-12, S1; Ord. #15-12, S1; Ord. #08-13, S1; Ord. No. 12-2014 § 1; Ord. No. 10-2015 § 1; Ord. No. 09-20-2016 § 1]

A personnel classification schedule is a grouping of individual position titles into a generic classification structure and the ranking of these individual position titles into appropriate pay grades in accordance with the position responsibilities, degree of difficulty, minimum qualifications and other criteria relating to the characteristics of the position itself.

The following Personnel Classification Schedule is hereby established for the Township of Roxbury:

[Amended 4-25-2017 by Ord. No. 09-17; 11-14-2017 by Ord. No. 22-17; 11-13-2018 by Ord. No. 20-18; 9-24-2019 by Ord. No. 15-19; 9-22-2020 by Ord. No. 13-20; 7-13-2021 by Ord. No. 23-21; 7-12-2022 by Ord. No. 13-22]

Pay Grade	Position Title
3	Building Inspector
3	Administrative Aide
4	Executive Assistant
4	Recreation Program Director
4	Assistant to the Collector
4	Assistant to the Tax Assessor
5	Executive Assistant to the Manager
5	Deputy Township Clerk
5	Assistant to the CFO
5	Land Use Administrator
5	Zoning Officer
5	Assistant to the Township Clerk
6	Executive Assistant to Chief of Police
6	Deputy CFO
7	Tax Collector
7	Senior Assistant to the Engineer
7	Senior Registered Environmental Health Specialist
7	Court Administrator
8	Assistant Director of Public Works
8	Township Clerk
8	Tax Assessor
8	Information Technology Director
8	Construction Official
9	Township Planner
9	Certified Municipal Finance Officer
9	Recreation Director
10	Public Works Director
10	Township Engineer/Director of the Division of Public Utilities
10	Police Chief
10	Township Manager

§ 2-17.13 Pay Plan.

[Ord. #12-83, SIII; Ord. #5-84, SIII; Ord. #15-90, SII; Ord. #11-91, SII; Ord. #20-91, SII; Ord. #22-92, SII; Ord. #12-93, SII; Ord. #16-94, SII; Ord. #5-95, SII; Ord. #5-96, SII; Ord. #10-97, SII; Ord. #2-98, S2; Ord. #16-2000, S2; Ord. #12-01, S2; Ord. #9-02, S2; Ord. #14-03, S2; Ord. #03-04, S2; Ord. #18-05, S2; Ord. #17-06, S2; Ord. #04-07, S2; Ord. #03-08, S2; Ord. #11-09, S2; Ord. #24-09, S2; Ord. #02-10, S2; Ord. #15-10, S2; Ord. #19-10, S2; Ord. #2-11, S2; Ord. #13-12, S2; Ord. #15-12, S2; Ord. #08-13, S2; Ord. No. 12-2014 § 2; Ord. No. 10-2015 § 2; Ord. No. 09-2016 § 2]

The pay plan establishes minimum and maximum annual salaries for various pay grades. These annual salaries are for full-time employees working the standard number of hours for a department or office. The pay grade for each specific position title is listed in the personnel classification schedule. The actual pay received by an employee is a function of his length of service with the township in his particular position and his job performance.

Employees who are required to work in excess of the full-time standard work week shall receive overtime payments or compensatory time off in accordance with regulations established by the township manager.

An employee who has been employed with the township for less than six months may be paid at the rate of pay established in the prior year provided that upon successful completion of their probationary employment period, their rate of pay may be increased to correspond to the pay ranges of this ordinance.

Employees who work less than full-time shall be paid according to the actual number of hours worked. Those part-time employees having job titles that correspond to those listed in the personnel classification schedule shall be paid at an hourly rate comparable to that of a full-time employee. All other part-time employees shall be paid at the rate stipulated in this ordinance.

The pay plan herein referred to has not been codified but may be found in the current salary ordinance, as established by the township council and is on file in the office of the township clerk.

In addition to the salary provided in the pay plan, supervisory personnel in those departments covered by collective bargaining agreements shall be entitled to the same benefits including but not limited to longevity and educational allowances as those members of the bargaining units, except supervisors shall not receive overtime compensation.

The pay plan for nonunion personnel shall utilize the Personnel Classification Schedule and the following pay plan:

Grade	Minimum - Maximum
1	$0 - $19,999
2	$0 - $29,999
3	$0 - $42,999
4	$0 - $55,000
5	$0 - $71,000
6	$0 - $80,000
7	$0 - $94,040
8	$0 - $117,500
9	$0 - $126,500
10	$0 - $195,000

§ 2-17.14 Longevity Pay.

In addition to the salary provided in the pay plan, in recognition of the years of service that certain township employees have provided to the community, the following longevity pay plan is herein established:

Years of Service	Annual Increment
After 10 years	$300
After 16 years	$600

An employee becomes eligible for a longevity payment in the calendar year during which the required years of continuous service are completed.

The longevity pay shall be added to the base pay of the employee and shall be paid as a part of the regular payroll of the township. A part-time employee shall receive a longevity payment prorated according to the hours worked corresponding to a full-time employee.

This subsection regarding longevity pay salary additions is inapplicable to individuals whose employment is in the capacity of council member for Roxbury Township.

§ 2-17.15 Unclassified Schedule.

[Ord. #12-83, SV; Ord. #5-84, SV; Ord. #6-87, SIII; Ord. #7-87, SI; Ord. #7-88, SIII; Ord. #15-90, SIII; Ord. #11-91, SIII; Ord. #20-91, SIII; Ord. #24-91, S1; Ord. #32-91, S1; Ord. #22-92, SIII; Ord. #12-93, SIII; Ord. #48-93; Ord. #16-94, SIII; Ord. #5-95, SIII; Ord. #23-95; Ord. #5-96, SIII; Ord. #10-97, SIII; Ord. #2-98, S3; Ord. #12-98, S1; Ord. #13-99, S2; Ord. #16-2000, S3; Ord. #12-01, S3; Ord. #9-02, S3; Ord. #14-03, S3; Ord. #03-04, S3; Ord. #18-05, S3; Ord. #17-06, S3; Ord. #04-07, S3; Ord. #03-08, S3; Ord. #09-11, S3; Ord. #24-09, S3; Ord. #02-10, S3; Ord. #15-10, S3; Ord. #19-10, S3 Ord. #2-11, S3; Ord. #13-12, S3; Ord. #15-12, S3; Ord. #08-13, S3; Ord. #12-2014 § 3; Ord. No. 10-2015 § 3; Ord. No. 09-2016 § 3; amended 4-25-2017 by Ord. No. 09-17; 11-14-2017 by Ord. No. 22-17; 11-13-2018 by Ord. No. 20-18; 9-24-2019 by Ord. No. 15-19; 9-22-2020 by Ord. No. 13-20; 7-13-2021 by Ord. No. 23-21; 7-12-2022 by Ord. No. 13-22]

In addition to the employees governed by the Classification Schedule, there shall be the following schedule of unclassified titles for those positions which have unique responsibilities or work schedules:

Title	Minimum - Maximum
Mayor	$0 - $6,607
Council Member	$0 - $6,319
Township Attorney	By contract
Municipal Judge	$0 - $58,700
Coordinator/Office of Emergency Management	$0 - $16,500
Health HazMat Coordinator	$0 - $7,182
Licensing Officer	$2,367
Interpreter	$1,500

§ 2-17.16 Part-Time Employees.

[Ord. #12-83, SVI; Ord. #5-84, SVI; Ord. #6-87, SIV; Ord. #7-87, S2; Ord. #10-87; Ord. #7-88, SIV; Ord. #15-90, SIV; Ord. #11-91, SIV; Ord. #20-91, SIV; Ord. #22-92, SIV; Ord. #30-92, SIV; Ord. #12-93, SIV Ord. #16-94, SIV; Ord. #5-95, SIV; Ord. #5-96, SIV; Ord. #10-97, SIV; Ord. #2-98, S4; Ord. #13-99, S3; Ord. #16-2000, S4; Ord. #12-01, S4; Ord. #9-02, S4; Ord. #14-03, S4; Ord. #03-04, S4; Ord. #18-05, S4; Ord. #17-06, S4; Ord. #04-07, S4; Ord. #03-08, S4; Ord. #11-09, S4; Ord. #24-09, S4; Ord. #02-10, S4; Ord. #15-10, S4; Ord. #19-10, S4; Ord. #2-11, S4; Ord. #13-12, S4; Ord. #15-12, S4; Ord. #08-13, S4; Ord. No. 12-2014 § 4; Ord. No. 10-2015 § 4; Ord. No. 09-2016 § 4; amended 4-25-2017 by Ord. No. 09-17; 11-14-2017 by Ord. No. 22-17; 11-13-2018 by Ord. No. 20-18; 9-24-2019 by Ord. No. 15-19; 9-22-2020 by Ord. No. 13-20; 7-13-2021 by Ord. No. 23-21; 7-12-2022 by Ord. No. 13-22]

For those employees who work part-time/seasonally for the Township and whose job titles are not listed in Subsection 2-17.12 above, the following pay plan shall be used:

Title	Salary
Seasonal Laborer	$0 - $15/hr
Snow Plow Driver	$0 - $25/hr
Sergeant-At-Arms/Municipal Court	$123.96/session Jan-Feb; $22.89/hr as of 3-1-09
Recreation Counselor - seasonal*	$0 - $16/hr
Recreation Supervisor - seasonal*	$0 - $20/hr
Recreation Program Director - seasonal*	$0 - $7,000/season
Recreation Referee	$0 - $25/game
Recreation Certified Referee	$0 - $60/game
Lifeguard	$0 - $17/hr
Clerical Assistance (temporary or part-time)	$0 - $15/hr
Crossing Guard	$0 - $18.50/hr
Fire Official/Safety Officer	$0 - $45/hr
Fire Inspectors	$0 - $26/hr
Engineering Inspector	$0 - $25/hr
Plumbing Subcode Official	$0 - $42/hr
Fire Subcode Official	$0 - $42/hr
Public Health Nurse	$0 - $44/hr
Special Police Officer	$0 - $45/hr
Public Assistance Director	$0 - $24/hr
Recreation Program Director	$0 - $28.39/hr
Skilled Laborer	$0 - $25/hr
Code Enforcement Officer	$0 - $28.50/hr

*Implemented by a seasonal contract

§ 2-17.17 Administration of the Personnel System.

[Ord. #12-83, SVII; Ord. #5-84, SVII; Ord. #18-85, SII; Ord. #13-86, SSV, V1; Ord. #6-87, SV; Ord. #35-96, S5]

An employee shall not receive less than nor more than the salary established in the pay plan for the assigned position title. The exception to this regulation is for those employees whose prior year salary exceeded the salary established in this section for their assigned position titles. In those cases, these employees shall receive 60 percent of the adjustment made to the pay plan for similarly classed employees until such time as the employee's salary is within the established pay range for the assigned position title.

The pay plan herein established shall be administered in accordance with subsections 2-17.3 and 2-17.17 of the General Ordinances of the Township of Roxbury.

A new employee shall receive the minimum pay of the pay range for the assigned position title unless the township manager certifies that the employee's experience and/or qualifications warrants a higher starting salary but within the salary range established herein. Employees promoted to a position with a higher classification shall at the time of promotion, be paid within the pay range so that no less than five percent pay increase will be received. A person beginning employment between July 1 and December 31 shall not be eligible for a salary increase in the subsequent calendar year until he has worked at least six months for the township. Thereafter pay raises shall become effective on January 1 or whatever other date is established for all township employees.

Employees shall be evaluated annually and all salary increases are contingent upon the successful performance of the job assignment as recommended by the employee's supervisor and approved by the township manager. The average employee should advance from the minimum pay to the maximum pay for a position in 48 months provided that satisfactory performance is demonstrated.

Detailed regulations governing the implementation of this coordinated personnel system shall be developed by the township manager, incorporated into a Personnel Manual and approved by the township council by resolution. These regulations once duly adopted shall govern all personnel actions in the township not specifically regulated by existing or future ordinances or duly negotiated collective bargaining agreements.

§ 2-17.18 Ordinance to Prevail; Exception.

[Ord. #12-83, SVIII; Ord. #5-84, SVIII; Ord. #14-03, S5; Ord. No. 09-2016 § 5]

The provisions of this ordinance shall prevail except when superseded by formal collective bargaining agreements entered into by the Township of Roxbury and a recognized employee negotiating association.

§ 2-17.19 Employee Health Benefits.

[Ord. #17-06, S5]

All full-time employees (employees working at least 35 hours per week), regular part-time employees (working at least 20 hours per week) hired prior to January 19, 1996, elected officials, and the eligible members of their families shall be entitled to full coverage of basic and major medical, dental, prescription, and vision insurance as provided by the township in accordance with the township's personnel policy.

§ 2-17.20 Employee Health Benefits Upon Retirement.

[Ord. #17-06, S6]

Health care benefits will be provided to a covered employee by the township upon retirement from the township at the township's expense at the cost of the "Standard plan" as long as the employee has accumulated 25 years of service in the State pension system. Upon retirement, employees who have a minimum of 25 years of service or on disability retirement with the State pension system (PERS or PFRS) may elect to continue prescription, dental, and vision coverage at the township group rate, at their own expense.

§ 2-18 COUNTY PURCHASING AGREEMENT.

[Ord. #9-81, S1, 2, 3 & 4; Ord. #86-18]

Short title. This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Township of Roxbury.

Authority. Pursuant to the provisions of N.J.S.A. 40A:11-11(5) and other pertinent acts of the legislature of the State of New Jersey providing for cooperation between public bodies in purchasing work, materials and supplies, the mayor is hereby authorized to enter into a cooperative pricing agreement with the lead agency created therein, to be known as the Morris County Cooperative Pricing Council, or with any other contracting unit within the County of Morris or adjoining counties for the purchase of work, materials and supplies.

The township administrator and/or his designee shall be designated as the representative of the Township of Roxbury to the Morris County Cooperative Pricing Council and shall be authorized to accept subsequent requests for participation in the agreement on its behalf.

The lead agency created in the agreement and the party to the agreement designated by the lead agency to perform administrative services on its behalf shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1) and all other provisions of the Revised Statutes of the State of New Jersey.

§ 2-19 REGIONAL COMMUNICATIONS CENTER.

§ 2-19.1 Preamble.

The New Jersey Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., authorizes two or more communities to enter into an agreement to cooperate in the provision of services; and the Township of Roxbury and the Township of Mount Olive have agreed to enter into an agreement providing for a Regional Communications Center for 24 hour dispatching services for fire and first aid emergencies and for police dispatching services from 11:00 p.m. to 7:00 a.m. daily; and the Communities have agreed to equally share the costs of operating said system including the purchase, installation, maintenance and operation of equipment to be installed within the Communications Center.

§ 2-19.2 Committee Approval.

The township council hereby approves and authorizes the mayor to sign an agreement attested by the township clerk entitled "Interlocal Services Agreement between Roxbury Township and Mount Olive Township for a Regional Communications Center."

§ 2-19.3 Public Record.

A copy of the agreement is on file in the office of the township clerk and available for review by the citizens of Roxbury Township.

§ 2-20 FIRE POLICE.

§ 2-20.1 Position Established.

There is hereby established within the Roxbury Fire Department the office of fire police.

§ 2-20.2 Nomination and Confirmation; Term of Office.

The Chief of the Roxbury Fire Department may nominate not more than six volunteer members of the department to serve as fire police. Candidates nominated to said office shall be confirmed by the township council and shall serve for a term of one year or until their successors are nominated and confirmed. Fire police officers shall serve without compensation from the township.

§ 2-20.3 Requisites for Appointment.

No member of the fire department shall be appointed to the office of fire police unless the person:

Is a volunteer member of the Roxbury Fire Department in good standing;

Is a citizen of the United States;

Is able to read, write and speak the English language well and intelligently;

Is of good moral character and has not been convicted of any criminal offense involving moral turpitude;

Has a valid New Jersey driver's license at the time of appointment;

Has successfully passed a physical examination and submitted to a criminal history search not more than three months prior to said appointment; and

Has successfully completed the "New Jersey Fire Police Basic Training Course" or an equivalent course approved by the New Jersey Department of Community Affairs, Division of Fire Safety.

§ 2-20.4 Oath of Office.

Each individual appointed and qualified as a fire police officer shall, before entering upon the performance of his or her duties, take and subscribe to an oath to faithfully, impartially and justly perform all of the duties of his or her office. The original of the oath shall be filed with the township clerk and a copy thereof filed with the Secretary of the Roxbury Fire Department.

§ 2-20.5 Duties and Powers.

The rights, privileges, powers and duties of a fire police officer shall be as follows:

The protection of property;

The establishment and maintenance of fire lines;

The performance of such necessary traffic control duties from the fire station to and at the vicinity of the fire scene, fire drill or other emergency call as the fire department may respond to, until the arrival of a duly authorized police officer, or any public event where fire police services may be requested to protect the public, subject to the approval of and supervision by the chief law enforcement officer of the township;

The investigation of all causes of fires and preservation of all evidence pertaining to fires of questionable origins, in the absence of investigating authorities;

The wearing and exhibition of an authorized fire police badge on the left breast of the outermost garment while on duty and acting in the capacity of a fire police officer; and

The arrest of any person unreasonably refusing to obey the orders of a fire police officer until such time as the fire is extinguished, the drill completed, or the emergency subsided.

§ 2-20.6 Supervision.

The performance of the duties of a fire police officer shall be under the supervision of the fire chief or the highest ranking fire officer in charge of the fire scene or fire drill, until the arrival of a duly authorized police officer, who shall assume responsibility for the supervision of traffic duties, preservation of evidence and all other law enforcement duties. Nothing in this section shall diminish the powers of the chief or other superior officer of the Roxbury Fire Department in the exercise of his or her duties or confer on a fire police officer the right to supersede a duly authorized police officer.

§ 2-20.7 Bylaws and Standard Operating Procedures.

The Roxbury Fire Department shall amend the department's bylaws and standard operating procedures to provide for the establishment of the position of fire police officer and for the process of nomination to said position.

§ 2-20.8 Violations and Penalties.

The refusal to obey a direction or command given by a fire police officer in the performance of his or her duties shall be considered a violation of this section. Any person violating this section shall, upon conviction thereof, be punishable by a fine not to exceed two hundred ($200.00) dollars and costs.

§ 2-21 (RESERVED)

§ 2-22 CODE OF ETHICS.

§ 2-22.1 Title.

This section shall be known and may be cited as the "Roxbury Township Code of Ethics."

§ 2-22.2 Findings.

The township council of the Township of Roxbury finds and declares that:

Public office and employment are a public trust;

The vitality and stability of representative democracy depend upon the public's confidence in the integrity of its elected and appointed representatives;

Whenever the public perceives a conflict between the private interests and the public duties of a government officer or employee, that confidence is imperiled;

Governments have the duty both to provide their citizens with standards by which they may determine whether public duties are being faithfully performed, and to apprise their officers and employees of the behavior which is expected of them while conducting their public duties; and

§ 2-22.3 Purpose and Authority.

It is the purpose of this section to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the Township of Roxbury shall be clear, consistent, uniform in their application, enforceable, and to provide those officers or employees with advice and information concerning possible conflicts of interests which might arise in the conduct of their public duties.

It is the further purpose of this section to implement the pro-visions of the Local Government Ethics Law, P.L. 1991, c. 29.

This section is enacted under the authority of the Local Government Ethics Law, P.L. 1991, c. 29, and under the further authority granted to the Township of Roxbury under the provisions of Titles 40 and 40A of the New Jersey Statutes.

§ 2-22.4 Definitions.

As used in this section:

"Agency" shall mean any agency, board, governing body, including the chief executive officer, office, commission or other instrumentality within the Township of Roxbury, and any independent local authority created by or appointed under the authority of the Township of Roxbury, which performs functions other than of a purely advisory nature;

"Business organization" shall mean any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietor-ship, union or other legal entity;

"Employee" shall mean any person, whether compensated or not, whether part-time or full time, employed by or serving on an agency who is not a local government officer;

"Interest" shall mean the ownership or control of more than ten (10%) percent of the profits, assets or stock of a business organization but shall not include the control of assets in a non-union profit entity or labor union;

"Member of immediate family" shall mean the spouse or de-pendent child of an officer or employee residing in the same household.

"Officer" means any person whether compensated or not, whether part-time or full time who is one of the following:

Member of the township council

Township manager

Deputy township manager

Director, department of finance

Director, department of inspections

Director, department of public works

Director, department of recreation

Chief of police

Captain, police department

Tax assessor

Township clerk

Township attorney

Township engineer

Township planning consultant

Township auditor

Municipal judge

Township prosecutor

Township public defender

19.

Planning board member

20.

Planning board attorney

21.

Zoning board of adjustment member

22.

Zoning board of adjustment attorney

23.

Local assistance board member

24.

Director of public assistance

25.

Municipal utilities authority member

26.

Municipal utilities authority executive director

27.

Board of fire commissioners member

28.

Fire chief

29.

Board of fire commissioners attorney

30.

Library board of trustees member

31.

Director, Roxbury Township Public Library

32.

Any other person who is a managerial executive or confidential employee, as defined in section 3 of the "New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-3, of the Township of Roxbury" or of any agency created under the authority of or appointed by the Township of Roxbury.

"Officer or employee" shall mean an officer or employee of the Township of Roxbury or of any agency under the authority of or appointed by the Township of Roxbury.

§ 2-22.5 Ethical Standards.

Officers and employees of the Township of Roxbury shall comply with the following provisions:

No officer or employee of the Township of Roxbury or member of his or her immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his or her duties in the public interest;

No officer or employee shall use or attempt to use his or her official position to secure unwarranted privileges or advantages for himself or others;

No officer or employee shall act in his or her official capacity in any matter where he, a member of his or her immediate family, or any business organization in which he or she has an interest, has a direct or indirect financial or personal involvement that might reason-ably be expected to impair his or her objectivity or independence or judgment;

No officer or employee shall undertake any employment or service, whether compensated or not which might reasonably be expected to prejudice his or her independence of judgment in the exercise of his or her official duties;

No officer or employee, member of his or her immediate family, or any business organization in which he or she has an interest, shall solicit or accept any gift, favor, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him, directly or indirectly, in the discharge of his or her official duties. This provision shall not apply to the solicitation or acceptance of contribution, if accepted, was given with the intent to influence the officer in the discharge of his or her official duties. This provision shall not apply to the solicitation of or acceptance of contributions to the campaign of an announced candidate for elective public office, or the officer has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the officer in the discharge of his or her official duties;

No officer or employee shall use, or allow to be used, his or her public office or employment, or any information, not generally available to the members of the public, which he or she receives or acquires in the course of and by reason of his or her office or employment, for the purpose of securing financial gain for himself, any member of his or her immediate family, or any business organization with which he or she is associated;

No officer or employee or any business organization in which he or she has an interest shall represent any person or party other than the township in connection with any cause, proceeding, application or other matter pending before any agency of the Township of Roxbury. This provision shall not be deemed to prohibit an employee from representing another employee where the representation is within the context of official labor union or similar representational responsibilities; nor shall this provision be applicable to the township public defender with respect to representation of defendants in the municipal court;

No officer shall be deemed in conflict with these provisions, if by reason of his or her participation in the enactment or any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to him or her as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group;

No elected officer shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the officer or a member of his or her immediate family, whether directly or indirectly, in return therefor; and

Nothing shall prohibit any officer or employee of the Town-ship of Roxbury, or members of his or her immediate family, from rep-resenting himself, herself or themselves, in negotiations or proceedings concerning his, her, or their, own interests.

No officer or employee elected or appointed in the township shall, without receiving formal written authorization from the appropriate person or body, disclose any confidential information concerning any other officer or employee or any other person or any property or government affairs of the township.

Approve or disapprove and in any way recommend the payment of any bill, voucher or indebtedness owed by the township in which he has a direct or indirect personal, pecuniary or private interest.

No officer or employee elected or appointed in the township shall request, use or permit the use of any public property, vehicle, equipment, labor or service for personal convenience or the private advantage of himself or any other person. This prohibition shall not be deemed to prohibit an official or employee from requesting, using or permitting the use of such public property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large or which is provided as a matter of stated public policy for the use of officials and employees in the conduct of official business.

To avoid the appearance of impropriety, no member of the township council, the township planning board, the township board of adjustment or the township environmental commission shall meet in private with any developer, contractor, applicant, appellant or other person or their representatives, where such developer, contractor, applicant or appellant or other person or their representatives has a pending uncompleted matter filed with the council, the planning board, the board of adjustment or the environmental commission which, in the ordinary course of events, will call upon such council person, planning board member, board of adjustment member or environmental commission member to exercise their legislative or quasi-judicial powers unless such private meeting has been directly authorized by the body in which membership is held or the individual member files a notice with the township clerk disclosing that such a meeting will take place, the anticipated location of such meeting and the purpose, if any, of such meeting. The township clerk shall maintain a file regarding such notices which shall be available for public inspection on reasonable advance notice.

§ 2-22.6 Financial Disclosure Statements.

Officers of the township shall annually file a financial dis-closure statement. All financial disclosure statements shall include the following information which shall specify, where applicable, the name and address of each source and the officer's job title:

Each source of income, earned or unearned, exceeding two thousand ($2,000.00) dollars received by the officer or a member of his or her immediate family during the preceding calendar year. Individual client fees, customer receipts or commissions on transactions

Each source of fees and honorariums having an aggregate amount exceeding two hundred fifty ($250.00) dollars from any single source for personal appearances, speeches or writings received by the local government officer or a member of his or her immediate family during the preceding calendar year;

Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding four hundred ($400.00) dollars from any single source, excluding relatives, received by the local government officer or a member of his or her immediate family during the preceding calendar year;

The name and address of all business organizations in which the local government officer or a member of his or her immediate family had an interest during the preceding calendar year; and

The address and brief description of all real property in the State in which the local government officer or a member of his or her immediate family held an interest during the preceding calendar year.

If a financial disclosure statement form has been promulgated by the New Jersey Local Finance Board, in accordance with the New Jersey Local Government Ethics Law, then that form shall be used.

The township clerk shall make the forms available to the officers and employees required to file a financial disclosure statement.

The original statement shall be filed with the township clerk within 90 days after the effective date of the New Jersey Local Government Ethics Law. All subsequent statements shall be filed on or before April 30 of each year.

All financial disclosure statements filed shall be public records.

§ 2-22.7 Gifts, Bequests, Legacies to Township.

No officer or employee of the township shall accept any gift on behalf of the township of any nature whatsoever.

All offers of gifts to be made to the township shall be directed to the township manager who shall determine the following:

The exact description and nature of the bequest, legacy or gift.

The conditions, if any, imposed upon the township upon acceptance of the bequest, legacy or gift.

Whether or not the donor or donor's family have pending or in the near future will have pending any matter before the township, any public official or employee of the township or any of the township's agencies.

Whether or not the proposed bequest, legacy or gift directly or indirectly benefits any individual, officer or employee of the municipality or any member of said officer or employee's immediate family.

Whether or not there is any apparent violation of the Local Public Ethics Law or this subsection.

Whether the acceptance of the bequest, legacy, or gift will potentially expose the township to any present or future expense or any present or future liability.

The township manager shall provide a report on these issues to the township council which shall have the discretion to accept or reject said bequest, legacy or gift of money, securities or personal property by resolution.

§ 2-23 (RESERVED) [1]

§ 2-25 OPEN SPACE, RECREATION, FARMLAND, AND HISTORIC PRESERVATION COMMITTEE AND TRUST FUND. [1]

Editor's Note: Former section 2-23, Roxbury Township Redevelopment Agency, previously codified herein and containing portions of Ordinance No. 13-93 was repealed by Ordinance No. 11-94 and Ordinance No. 35-96.

§ 2-24 AMERICANS WITH DISABILITIES ACT COMPLIANCE COMMITTEE.

§ 2-24.1 Purpose.

It is the intent of this section to establish an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act (hereinafter "ADA"). Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by the Township of Roxbury.

§ 2-24.2 Americans with Disabilities Act Coordinator.

There is hereby established the position of ADA Coordinator, who shall be a township employee appointed by the township council and shall serve in that capacity at the pleasure of the township council or until such time as the employee terminates his/her employment with the township.

The ADA Coordinator shall receive no additional compensation.

§ 2-24.3 Establishment of ADA Compliance Committee.

There is hereby established an ADA Compliance Committee, which shall be composed of the township mayor, the township construction official, one representative from the medical profession and two township residents to be appointed by the township council.

The township employees shall be permanent members of the ADA Compliance Committee.

Of the nonemployee members, initially one member shall be appointed for a term of one year; one member shall be appointed for a term of two years; and one member shall be appointed for a term of three years. Thereafter, the members shall be appointed for three year terms.

The ADA Compliance Committee shall establish rules and procedures for hearing complaints, requests, or suggestions from disabled person regarding access to and participation in public facilities, services, activities and functions in the community.

§ 2-24.4 Grievance Procedure.

Any person aggrieved by an alleged action done in violation of the provisions of the Americans with Disabilities Act shall be entitled to pursue the following procedures:

A complaint regarding access, alleged discrimination or a violation of the ADA shall be submitted, in writing, to the ADA Coordinator.

The complaint shall be filed within 180 days from the date of the alleged discrimination or violation. The time for filing the complaint may be extended for a period of 30 days for good cause.

The ADA Coordinator shall conduct an investigation and render a written decision within 15 working days of the filing of the complaint. A copy of the decision shall be forwarded to the complainant.

In the event that the complaint cannot be resolved by the ADA Coordinator to the satisfaction of the complainant, the complaint shall be forwarded to the ADA Compliance Committee.

After notifying the complainant by certified mail, the ADA Compliance Committee shall conduct a public hearing, at which time the complainant may voice his objections to the decision of the ADA Coordinator. The proceedings shall be recorded and the tape of the proceeding maintained for a period of one year.

In the event the complainant is not satisfied with the decision of the ADA Compliance Committee, he/she may appeal the decision of the township council of the Township of Roxbury.

The township council of the Township of Roxbury shall render its decision within 30 days of the hearing, which decision shall be final as to administrative remedies available at the municipal level. Nothing contained herein shall limit or restrict an individual's right to pursue other remedies. The right of a person to a prompt and equitable resolution of the complainant filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

§ 2-24.5 Maintenance of Records.

The ADA Coordinator shall maintain the files and records of all complaints filed and the hearings held.

Editor's Note: Prior ordinance history includes portions of Ordinance No. 14-94.

§ 2-25.1 Open Space, Recreation, Farmland, and Historic Preservation Committee.

There is hereby established an open space, recreation, farmland, and historic preservation committee which shall consist of seven members appointed by the council, whose terms and powers are hereinafter set forth.

§ 2-25.2 Membership; Terms.

All of the members of the open space, recreation, farmland, and historic preservation committee shall be residents of the township and shall serve without compensation. One member shall be a member of the township council, whose term on the committee shall end on December 31 of the year in which such member is appointed. The membership may include, but shall not be limited to, a representative from each of the planning board, environmental commission, and recreation committee, as well as other citizens of the township. The terms of the members other than the member of the township council shall be three years, provided that of the members initially appointed pursuant to this section, two shall be appointed to hold office for one year terms, two shall be appointed to hold office for two year terms, and two shall be appointed to hold office for three year terms. A vacancy shall be filled by appointment for the unexpired term only.

§ 2-25.3 Powers and Duties.

The open space, recreation, farmland, and historic preservation committee shall from time to time, submit written recommendations to the township council as to:

Which parcels of land should be acquired for recreation and conservation purposes and whether such parcels should be acquired in fee or only by acquisition of development rights; and

Which of the lands acquired for those purposes should be developed; and

Which farmland should be acquired for farmland preservation purposes and whether such farmland should be acquired in fee or only by acquisition of development rights.

The open space, recreation, farmland, and historic preservation committee shall submit to the township council a prioritized list of properties:

Which it recommends that the township acquire; and/or

From which it recommends that development rights should be acquired; and/or

Which the township has acquired and which the committee recommends be developed for recreation and conservation purposes.

After selection of the properties to be acquired, developed or preserved referred to in paragraphs a. and b. above, the township may proceed to acquire by gift, purchase or by eminent domain proceedings, pursuant to N.J.S.A. 20:3-1 et seq., or to develop or preserve, the identified parcels within the financial constraints established by the township council.

§ 2-25.4 Officers.

The open space, recreation, farmland, and historic preservation committee shall select from among its members a chairman and a vice chairman to serve as the presiding officer in the absence of the chairman.

§ 2-25.5 Initial Organization Meeting.

The open space, recreation, farmland, and historic preservation committee shall hold its initial organization meeting shortly after this ordinance[1] takes effect.

Editor's Note: Ordinance No. 8-99 is codified as section 2-25.

§ 2-25.6 Funding.

There is hereby established a reserve in general capital fund, which shall be known and designated as the "Open Space, Recreation, Farmland, and Historic Preservation Trust Fund" (hereinafter the Trust Fund). A separate bank account shall be opened and maintained for this purpose. Funds from the Trust Fund may, as directed by the township council, be utilized to acquire vacant land, as well as land which has improvements upon it at the time of acquisition where the purpose of the acquisition is for recreation and conservation purposes, or for historic preservation or farmland preservation purposes. In the event that the township council shall find it appropriate to apportion the cost of acquisition between land and improvements, it may do so and charge the Trust Fund for the approximate value that it deems appropriate relative to land and the township's capital account for the value that it determines shall be attributed to improvements. Trust funds may also, as directed by the township council, be used for the development and maintenance of lands acquired for recreation, conservation, farmland, or historic preservation purposes, and/or for the payment of debt service on indebtedness issued or incurred by the township for any of the above purposes.

The Trust Fund shall be funded through the dedication to the fund of an amount not to exceed two ($0.02) cents per one hundred ($100.00) dollars of assessed valuation of each annual tax levy. The Trust Fund shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the Trust Fund may be utilized for the acquisition of land or development rights in land or as a down payment for the issuance of bonds for the same purpose or for any other purpose established herein at the discretion of the township council. Any and all interest accruing shall remain in the Trust Fund and may be utilized for the above-described purposes.

§ 2-25.7 Sale of Property.

No property acquired with funds from the Trust Fund shall be leased or sold until the sale or lease of the same has been authorized by binding public referendum and by an ordinance adopted by the township council and provided that the township council shall replace any land conveyed under this section with land of at least equal fair market value and of reasonably equivalent usefulness, size, quality and location to the land conveyed. Any monies derived from the conveyance shall be deposited into the Trust Fund and used for the purposes authorized by this section. Any such conveyance shall be made in the manner prescribed by law.

§ 2-25.8 Reconsideration.

In the event that no property is acquired under this section for a period of five consecutive years, then the mayor and township council shall review the activities of the open space, recreation, farmland, and historic preservation committee and issue a report with recommendations and conclusions concerning the Open Space, Recreation, Farmland, and Historic Preservation Trust Fund.

§ 2-26 FEES.

§ 2-26.1 Duplicate Tax Sale Certificate; Fee.

The fee for a duplicate tax sale certificate issued in accordance with the provisions of N.J.S.A. 54:5-52.1 shall be as set forth in Chapter XXIV, section 24-11.

§ 2-27 MUTUAL AID AGREEMENT.

§ 2-27.1 Preamble.

The provisions of N.J.S.A. 40A:14-156 et seq., and N.J.S.A. 40:8A-1 et seq., authorize mutual aid agreements for the rendering of police assistance outside the normal territorial jurisdiction of the municipality; and in accordance with the foregoing statutory provisions, the Township Council of the Township of Roxbury wishes to enter into a mutual aid agreement known as the Morris County Regional Emergency Deployment System (MCREDS) to render supplemental law enforcement assistance in the event of an emergency, disaster or widespread crisis.

§ 2-27.2 Authorization to Execute Agreement.

Pursuant to N.J.S.A. 40A:14-156 et seq., and N.J.S.A. 40:8A-1 et seq., and as otherwise provided by law, the mayor and township clerk are hereby authorized to execute a mutual aid agreement with the County of Morris and the municipalities within the County of Morris for the provision of supplemental law enforcement assistance in the event of an emergency, disaster or widespread crisis, which agreement shall include, but not be limited to, the following terms and conditions:

Each party agrees that in the event of an emergency, disaster or widespread crisis within the municipal jurisdiction of any other party, the appropriate services and assistance will be provided upon request and to the extent reasonably possible without endangering persons or property within the municipality rendering such assistance.

All mutual aid rendered pursuant to the mutual aid agreement and MCREDS Plan shall be provided without charge or expense to the municipality receiving such assistance. By executing the mutual aid agreement, each party acknowledges that it shall be solely responsible for the provision of any and all salary and other benefits for its personnel, whether paid or volunteer, rendering assistance within the other municipality, to the same extent as if such personnel were performing their duties within the municipality providing the assistance.

The mutual aid agreement shall have an initial term of one year and shall be automatically renewed for additional and successive one-year terms, unless and until one of the parties thereto elects to terminate the agreement by providing prior written notice to the other parties to the agreement.

§ 2-28 LENGTH OF SERVICE AWARDS PROGRAM (LOSAP).

§ 2-28.1 Length of Service Awards Program Created.

A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward volunteer members of the Township of Roxbury fire department and first aid squads for their loyal, diligent, and devoted services to the residents of the township.

§ 2-28.2 Contributions to Plan; Administration of Plan.

The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Township of Roxbury pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.

§ 2-28.3 Criteria for Contributions.

The LOSAP shall provide for annual contributions to each eligible member that meets the following criteria each calendar year (01/01 through 12/31) as follows:

91 or more points	$1,302.00
75 to 90 points	$962.00
50 to 74 points	$623.00
0 to 49 points	$0.00

For the calendar year beginning 01/01/06 and for every year thereafter, the annual contribution shall be increased, as permitted by N.J.S.A. 40A:14-185, upon the Consumer Price Index-All Items Philadelphia Area, published by the Bureau of Labor Statistics of the United States Department of Labor.

§ 2-28.4 Cost of Program.

The estimated cost of the program has been calculated as follows: For regular annual service: one hundred fifty thousand ($150,000.00) dollars per year.

§ 2-28.5 Point Schedule for Volunteer Services.

Each active volunteer member shall be credited annually, on December 31st, with points for volunteer services provided to the Township of Roxbury fire department and first aid squads in accordance with the following schedule:

Points can be earned in any of the following combinations, however at least twenty (20) points must be earned from the incident response category.

Incident response — no maximum points.

At least 10 percent, but less than 20 percent of all emergency calls per calendar year - 10 points.

At least 20 percent or greater of all emergency calls per calendar year will receive one point for each percentage point calculated — 20 to 100 points.

At least 80 percent or greater of all assigned duty crew calls per calendar year — 10 points.

Members that are both firefighters and first aiders can combine points in the above categories provided they meet the required percentages. A firefighter who is also a first aider shall not be given duplicate credit for the same call.

Longevity — no maximum points.

One point per active service year. For the purpose of this category, active service shall be defined as attendance at 60 percent or greater of all fire department or first aid squad activities. Members that are both firefighters and first aiders cannot combine points in this category.

Training courses — 25 points maximum.

Courses under 20 hours duration — two points per hour, with a maximum of ten points.

Courses of 20 to 45 hours duration — ten points per course.

Courses over 45 hours — fifteen points per course.

Drills — 24 points maximum.

Two points per drill, minimum two-hour drill.

Elected or Appointed Positions — 20 points maximum.

Completion of one-year term in an elected or appointed position equals ten points per title.

Elected or appointed positions which earn points are:

All Line Officers (Fire and First Aid);

Assistant Chiefs;

Fire Association Officers;

Department Officers;

Fire Company Executive Officers;

(f)

Fire Association Trustees;

(g)

Representatives to the State Relief Association;

(h)

Visitors to the State Relief Association;

(i)

Roxbury Township Relief Association Officers;

(j)

Roxbury Township Exempt Association Officers;

(k)

Delegates to the NJ State Relief and/or Exempt Association; and

(l)

Delegates and/or officers elected to the NJ State First Aid Council.

Department chief shall receive 20 points upon the successful completion of his/her term.

Attendance at Meetings — 20 points maximum.

Attendance at any official meeting of the department, company, relief and exempt associations, and the State fireman's association and exempt association caucus and convention — one point per meeting.

Miscellaneous Activities — 20 points maximum.

Attendance at inspections, formal fundraising activities and other official fire company and first aid squad activities not falling under one of the other categories — one point per official activity.

§ 2-28.6 Effective Date of Section.

This ordinance shall take effect upon final passage and publication as provided by law and upon approval by the voters of a public question at the next general election.[1]