Appointment to the office of the municipal administrator shall
be made by the Mayor with the advice and consent of the Borough Council.
The term of office shall be at the pleasure of the Mayor and council.
The Borough Clerk may be appointed municipal administrator and serve
simultaneously in both capacities.
The municipal administrator shall have such powers and perform
such duties, other than those required by law to be exercised by the
Borough Council or by another officer, board of agency of the Borough,
as are prescribed herein and as may be prescribed by ordinance. The
powers and duties shall include generally, the management of the business
and operations of the Borough under the supervision and control of
the Mayor and council.
The municipal administrator may be removed by two-thirds vote
of the Borough Council. The resolution of removal shall become effective
three months after its adoption by the council, except that the council
may provide that such resolution shall have immediate effect provided,
however, that in such event the Borough Council shall cause to be
paid to the municipal administrator any unpaid balance of his salary
and his salary for the next three calendar months following adoption
of such resolution.
Editor's Note: The form of government in Little Silver is the
Borough form which comprises Chapter 86 to 94 of Title 40 of the New
Jersey Revised Statutes. Other enabling laws pertaining to the administration
of the Borough government are R.S. 2A:8-1, et seq., Municipal Court;
R.S. 40:56A-1 to 56A-5, Conservation Commission: R.S. 40:55-36, Zoning
Board of Adjustment; R.S. 40:55-1.4, Planning Board; R.S. 26:3-1,
et seq., Board of Health; R.S. 40:64-1, et seq., Shade Tree Commission.
Other authority to regulate the internal affairs of the municipality
is contained in R.S. 40:48-2.
There is hereby established the office of Tax Assessor of the
Borough. The Tax Assessor shall be nominated by the Mayor subject
to the confirmation of the Borough Council pursuant to N.J.S.A. 40A:9-146.
The Tax Assessor shall be qualified as set forth in N.J.S.A.
54:1-35.25 as same may be amended.
The Tax Assessor shall hold office for a term of four (4) years
from July 1 next following his appointment to the office.
The compensation of the Tax Assessor shall be as determined
in the salary ordinance.
The Tax Assessor shall perform the duties required of the holder
of such office pursuant to Title 54 of the New Jersey Statutes and
such regulations as may be promulgated by the New Jersey Division
of Taxation and the Monmouth County Board of Taxation.
Prior ordinance history: Ordinance Nos. 146-79, 173-81, 208-83.
[Ord. #753-14]
The Borough of Little Silver shall by resolution adopt and amend
from time to time personnel policies and procedures including rules
concerning the hiring and termination of employees, terms and conditions
of employment and regulations required to comply with applicable Federal
and State employment-related law. The personnel policies and procedures
adopted pursuant to said resolution(s) shall be applicable to all
officials, appointees, employees, prospective employees, volunteers
and independent contractors of the Borough.
[Ord. #753-14]
The Borough Adminstrator shall be responsible to implement and
enforce the personnel policies adopted by resolution authorized pursuant
to this section. If there is a conflict between said personnel practices
and any duly adopted and lawful collective bargaining agreement, personnel
services contract or Federal or State law, the terms and conditions
of that contract or law shall prevail. In all other cases, the practices
adopted pursuant to this section shall prevail.
The Borough of Little Silver Environmental Commission is hereby
established pursuant to N.J.S.A. 40:56A-1 to 40:56A-7, inclusive.
The commission shall consist of seven regular 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 Borough. The regular members
shall serve without compensation except as hereinafter provided. The
Mayor shall designate one of the members to serve as chairman and
presiding officer of the commission. The regular members shall be
appointed for terms of three years. Alternate members shall be appointed
by the Mayor with the advice and consent of the council and shall
be designated as Alternate No. 1 and Alternate No. 2. The terms of
the alternate members shall be for two years, except that the terms
of the alternate members first appointed shall be two years for Alternate
No. 1 and one year for Alternate No. 2, so that the terms of not more
than one alternate member shall expire in any one year. A vacancy
occurring otherwise than by expiration of term shall be filled by
the Mayor with the confirmation of the council for the unexpired term
only.
No member shall be permitted to act on any matter in which he
has either directly or indirectly any personal or financial interest.
An alternate member may participate in discussion of the proceedings
but may not vote except in the absence of or disqualification of a
regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternating member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote first.
The commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Borough. The commission shall have power
to conduct research into the use and possible use of the open land
areas of the Borough and may coordinate the activities of unofficial
bodies organized for similar purposes, and may advertise, prepare,
print and distribute books, maps, charts, plans and pamphlets which
in its judgment it deems necessary for its purposes. It shall keep
an index of all open areas, publicly or privately owned, including
open marshlands, swamps and other wetlands, in order to obtain information
on the proper use of such areas, and may recommend to the planning
board, plans and programs for inclusion in the master plan and the
development and use of such areas.
The environmental commission may, subject to the approval of
the Mayor and council, acquire property, both real and personal, in
the name of the Borough by gift, purchase, grant, bequest, devise
or lease for any of its purposes, and shall administer the same for
such purposes subject to the terms of the conveyance or gift. Such
an acquisition may be to acquire the fee or any lesser interest, development
right, easement including conservation easement, covenant or other
contractual right including a conveyance on conditions or with limitations
or reversions, as may be necessary to acquire, maintain, improve,
protect, limit the future use of, or otherwise conserve and properly
utilize open space and other land and water areas in the Borough.
The environmental commission shall keep records of its meetings
and activities and make an annual report to the Mayor and council.
The commission may appoint such clerks and other employees as
it may require, providing the same shall be within the limits of funds
appropriated to it by the Mayor and council.
An environmental commission shall have power to study and make
recommendations concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna.
The environmental commission heretofore established under the
laws of 1972, Chapter 35, shall continue as the environmental commission
of the Borough of Little Silver with its powers as amended and its
members continued.
Pursuant to the provisions of R.S. 2:8A-13,14, there is hereby
created and established a court in and for the Borough to be known
as the Municipal Court of the Borough of Little Silver with all the
jurisdiction, functions, powers and duties which are now or which
may hereafter be conferred upon it under any laws or statutes relating
thereto.
Pursuant to P.L. 1997, c. 256 there is hereby created the office
of Borough public defender who shall be nominated by the Mayor, with
the advice and consent of the council, at the organizational meeting,
or at any time thereafter, in the event such appointment by the Mayor
and council is deemed advisable or necessary.
The term of the office of the Borough public defender shall
be at the pleasure of the Mayor and council, but in any event shall
expire on December 31 of the year in which the Borough public defender
is appointed.
It shall be the duty of the municipal public defender to represent,
except in the case of temporary unavailability or conflict of interest,
any defendant charged with an offense in municipal court who is an
indigent municipal defendant entitled to representation pursuant to
P.L. 1997, c. 256. All necessary services and facilities of representation,
including both expert and lay investigation and testimony as well
as other preparations, shall be provided in every case.
In the event of a conflict of interest or otherwise, the Borough
public defender shall call upon the Borough Attorney to attend to
any such matters.
The compensation of the Borough public defender shall be two
thousand five hundred ($2,500.00) dollars annually in 1998 prorated
from date of appointment, and as fixed by the Borough Council in the
salary ordinance for subsequent years.
a.
Pursuant to P.L. 1997, C. 256 (C. 2B24-17) any person applying for
representation by a municipal public defender or court-approved counsel
shall pay an application fee of not more than two hundred ($200.00)
dollars, but only in an amount necessary to pay the costs of municipal
public defender services. The municipal court may waive any required
application fee, in whole or in part, if the court determines, in
its discretion, upon a clear and convincing showing by the applicant
that the application fee represents an unreasonable burden on the
person seeking representation. The municipal court may permit a person
to pay the application fee over a specific period of time not to exceed
four months.
b.
Funds collected pursuant to paragraph a. of this Subsection shall
be deposited in a dedicated fund administered by the Chief Financial
Officer of the Borough of Little Silver or in the case of a joint
municipal court in a manner agreed to by the constituent municipalities.
Such funds shall be used exclusively to meet the cost incurred in
providing the services of a municipal public defender including, when
required, expert and lay investigation and testimony.
c.
If it is determined by the Division of Local Government Services
during its annual review of the municipal budget of the Borough of
Little Silver that the amount of money in a dedicated fund established
pursuant to this section exceeds by more than 25 percent the amount
which the municipality expended during the prior year providing the
services of a municipal public defender, the amount in excess of the
amount expended shall be forwarded to the Criminal Disposition and
Review Collection Fund administered by Victims of Crime Compensation
Board.
[Amended 2-6-2023 by Ord.
No. 864-23]
Within the Borough, Monmouth County Health Department shall
have all of the jurisdiction conferred upon boards of health by Title
26 of the Revised Statutes. In fulfillment of N.J.S.A. 26:3A2-10,
the Borough shall utilize the services of the Monmouth County Health
Department to provide a program of public health services for the
Borough.
[Amended 2-6-2023 by Ord.
No. 864-23]
All mentions of the board of health stated in the Borough code
shall be in reference to the Monmouth County Health Department as
the provider of public health services for the Borough.
[Amended 2-6-2023 by Ord.
No. 864-23]
There shall be an advisory health board in the Borough which
shall provide advice and counsel to the Borough regarding matters
of public health. The advisory health board shall have no role in
the determination of public health matters beyond providing counsel
to the Borough. The board shall consist of five members. The members
shall be appointed by the Mayor, with the advice and consent of the
Borough Council, for a term of one year, with all member-terms commencing
simultaneously. A vacancy occurring otherwise than by expiration of
term shall be filled by the Mayor with the confirmation of the Borough
Council for the unexpired term only. No member shall be permitted
to advise on any matter in which they have either directly or indirectly
any personal or financial interest.
Pursuant to the provisions of R.S. 40:64-1, there is hereby
established a shade tree commission of the Borough of Little Silver.
The commission shall consist of seven members appointed by the
Mayor, which members shall be residents of the Borough and shall serve
without compensation. All appointments except to fill vacancies or
to increase membership shall be on a staggered basis for a term of
five years, to take effect on January 1 in the year of appointment,
with no more than two appointments expiring at the end of the year.
Any vacancies occurring in the membership of the commission by reason
of death, resignation or removal of any commissioner shall be filled
for the unexpired term by the Mayor.
The commission shall organize annually by the election of one
of its members as chairman, and the appointment of a secretary, who
need not be a member. The salary of the secretary who may be compensated
even if a member of the commission shall be fixed by the Mayor and
council.
The shade tree commission shall have the power to:
a.
Adopt rules and regulations for its own government;
b.
Exercise full, sole and exclusive control over the regulation, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any municipal property, public highway,
park or parkway in the Borough, including their planting trimming,
spraying, care and protection;
c.
Regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection;
d.
Move or require the removal of any tree or part thereof dangerous
to public safety;
e.
Encourage arboriculture;
f.
Administer treatment to or remove any trees situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the Borough
and enter upon private property for that purpose, with the consent
of the owner, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture;
g.
Make, alter, amend and repeal any and all ordinances necessary or
proper for carrying out the above powers.
Except as hereinafter provided, the initial cost of all trees
planted by the commission, the cost of planting the same, the cost
of the posts and boxes or guards used for their protection, and the
cost of the removal of any tree or part dangerous to public safety
shall, if the commission shall so determine, in accordance with uniform
rules and regulations promulgated for this purpose, be a charge upon
the real estate in front of which the tree shall be planted or removed
as an improvement. Such cost if it is so determined that it is to
be paid by the owner shall, unless paid directly to the commission
be certified by it to the Borough collector of taxes and shall thereupon
become a lien upon the real estate and shall be included in the next
tax bill rendered to the owner, and be collected in the same manner
as other taxes against that property.
The provisions of this subsection shall not apply to:
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 75A-76.
As used in this section, the following terms shall have the
meanings indicated:
shall mean those programs conducted by the recreation director
and his or her staff in the fields of athletics, outdoor recreation
and day camps.
shall mean those programs conducted by the recreation director
and his or her staff in the fields of arts and crafts, social programs
(i.e., concerts, movies, etc.) special events (i.e., Memorial Day
parade, Christmas tree lighting, Easter egg hunt, etc.).
shall mean and consist of the recreation director, recreation
secretary, recreation committee and such staff recommended by the
recreation director for hiring and hired by the Borough from time
to time in accordance with the annual budget adopted by the Mayor
and Borough Council.
shall mean the person employed by the Borough to propose,
undertake and conduct the aforedescribed recreation programs and to
provide advice on other recreational facilities and programs as directed
by the Mayor and Borough Council. The recreation director and his
or her staff shall be under the direct supervision of the Borough
Adminstrator and shall be an advisor to the recreation committee.
shall mean those active and passive recreational activities
which are proposed by the recreation director, endorsed for approval
by the recreation committee and approved by the Mayor and Borough
Council in its annual budget.
There is hereby established in the Borough of Little Silver
a parks and recreation advisory committee, known as the "recreation
committee," which shall have the duties hereinafter set forth, the
members of which shall be appointed by the Mayor and Borough Council
in accordance with the provisions of this section.
[Ord. #454-97 § 1; Ord. #767-2015]
a.
Said recreation committee shall be comprised of not fewer than five
nor more than 11 members and 1 alternate member, all of whom shall
be citizens of the Borough of Little Silver.
b.
The members first appointed shall hold office for one, two and three
years, respectively, in such a manner that the terms of at least one
member and not more than four members shall expire each year. Thereafter,
all appointments shall be for terms of three years and all vacancies
shall be filled for the unexpired term only.
c.
One member of the Borough Council shall be appointed by the Mayor
to serve as ex officio member of the recreation committee but shall
have no vote unless he or she also is formally appointed a member
of said committee. Additional ex officio members (liaisons) from the
school board, Sports Foundation and other organizations may serve
on the recreation committee but shall have no vote unless he or she
also is formally appointed a member of said committee.
1.
Removal from office. Any member of the recreation committee may be
removed from his or her office for cause after an opportunity has
been given for a hearing and upon the vote of a majority of the council.
2.
Oath of office. Each member of the committee shall, before assuming
office, take and subscribe an oath that he or she will faithfully
and impartially discharge the duties of the office.
3.
Officers. The members of the committee shall choose annually from
among its members a chairman, vice chairman, secretary and such other
officers as it may deem necessary and may formulate subcommittees
for the administration and handling of its programs.
4.
Quorum. A majority of the membership shall constitute a quorum.
[Ord. #454-97 § 1]
a.
The recreation committee shall work with the Mayor and Borough Council
through its ex officio member to plan and execute, through the recreation
director and staff, a balanced recreation program for the citizens
of the Borough.
b.
The recreation committee here established shall not be deemed to
be a recreation commission pursuant to N.J.S.A. 40:12-1 et seq.
c.
The Mayor and Borough Council shall annually appropriate in its budget
funds which may be expended through established administrative channels
to provide for balanced recreation programs.
d.
Neither the recreation committee, nor any member thereof, nor the
recreation director or staff, shall have the power or right, express
or implied, to bind or obligate the Borough of Little Silver or the
Mayor and Borough Council of the Borough of Little Silver directly
or indirectly.
[Ord. #454-97 § 1]
The recreation committee shall organize each year within ten
days of January 1 of each year and choose from among its members such
officers as it deems advisable, adopt rules and bylaws for the proper
conduct of its meetings and formulate such committees for the oversight
of its programs.
[Ord. #454-97 § 1]
The purpose of this section shall be to create the Borough of
Little Silver Recreation Committee, which shall be charged with the
responsibility to plan, promote and organize a recreational program
within the Borough and administer same in the interests of the entire
community. The recreation committee shall not be deemed to be a recreation
commission pursuant to N.J.S.A. 40:61-17 et seq. or 40:12-1 et seq.,
but said committee shall have only those powers and duties that have
been more particularly provided in this section or by resolution of
the Mayor and council.
The recreation committee shall fix and determine the duties
of and recommend to the Mayor and council the appointment of a recreation
director and aides and such other supervisory or custodial personnel
as it deems necessary for the successful completion and operation
of the recreational program. The recreation committee shall, from
time to time, study the advisability of the acquisition of additional
park and recreational lands; formulate plans for the development and
improvement of the public park and playground lands or Community Center
building now or hereafter owned by the Borough; propose methods or
arrangements for the proper maintenance and care of such lands and
the improvement thereof and formulate rules and regulations for the
public use of such park and playground lands and improvements. The
Mayor and council at its discretion shall refer to the recreation
committee for its consideration and recommendation any proposals for
recreational programs or acquisitions of equipment, facilities or
property that may be under consideration by the Mayor and council.
The committee shall study such matters referred to it by the Mayor
and council and shall report its findings and conclusions thereon,
in writing, to the Mayor and council as soon as may be reasonably
possible.
[Ord. #494-97 § 1]
The recreation committee shall submit to the Mayor and council
the subsequent year's proposed comprehensive budget for the annual
recreation program prior to November 1 of each year. The Mayor and
council shall annually appropriate such sums as it may deem necessary
for such purposes, and those funds will thereafter be administered
and disbursed by normal Borough financial control procedures.
[Ord. #454-97 § 1; Ord. #484-99; Ord. #767-2015;
amended 12-17-2018 by Ord. No. 825-18]
The Recreation Committee shall charge a registration fee and
a late fee after the specified deadline for registrations in accordance
with the schedule below. The schedule of fees may be revised from
time to time.
|
Sport
|
Grade
|
Registration Fee
|
Late Fee
|
|---|---|---|---|
|
BASEBALL Boys'
| |||
|
T Ball
|
Kindergarten
|
$45
|
0
|
|
Peninsula League
|
1st & 2nd
|
$55
|
0
|
|
Rookie Little League 9U
|
3rd
|
$65
|
$100/family
|
|
Minor Little League 10U
|
4th
|
$75
|
$100/family
|
|
Majors Little League 12U & 11U
|
5th & 6th
|
$80
|
$100/family
|
|
Juniors Little League 14 & 13U
|
7th & 8th
|
$95
|
$100/family
|
|
SOFTBALL Girls'
| |||
|
1st
|
1st
|
$50
|
$0
|
|
2nd & 3rd
|
2nd & 3rd
|
$55
|
$0
|
|
Little League 4th & 5th
|
4th & 5th
|
$60
|
$100/family
|
|
Little League 6th & 7th
|
6th & 7th
|
$65
|
$100/family
|
|
Little League 13-16U
|
8th, 9th & 10th
|
$70
|
$100/family
|
|
BASKETBALL Boys' & Girls'
| |||
|
K
|
$45
|
$0
| |
|
1st & 2nd
|
$50
|
$0
| |
|
3rd & 4th
|
$55
|
$100/family
| |
|
5th & 6th
|
$65
|
$100/family
| |
|
7th & 8th
|
$75
|
$100/family
| |
|
Outdoor basketball
|
5th — 8th
|
$50
|
$0
|
|
SOCCER Boys' & Girls'
| |||
|
Kindergarten
|
$45
|
$0
| |
|
1st & 2nd
|
$55
|
$0
| |
|
3rd & 4th
|
$70
|
$100/family
| |
|
5th & 6th
|
$75
|
$100/family
| |
|
7th & 8th
|
$85
|
$100/family
| |
|
FIELD HOCKEY Grades 5 — 8
|
5th — 8th
|
$60
|
$0
|
|
SUMMER CAMP
|
K — 8th
|
$95
|
$0
|
|
SUMMER TENNIS
| |||
|
Six one-hour sessions
|
K — 8th
|
$80
|
$0
|
|
Six half-hour sessions
|
K — 8th
|
$40
|
$0
|
|
Instructional clinic, less than 1 hour
|
$10
| ||
|
Instructional clinic, 1 hour or more
|
$20
|
[Ord. #454-97 § 1; Ord. #484-99]
The committee shall submit an annual report to the Mayor and
council by December 31, setting forth in detail its operations, activities
and accomplishments for the preceding year.
[Ord. #484-99]
Nothing in this section shall be construed to hold the committee
or any committee member liable for the death, injury or illness of
any person in connection with any recreational activity.
[Added 12-17-2018 by Ord.
No. 825-18]
a.
Purpose. In order to ensure that the Borough is providing the safest
possible recreational programs for its youth, the Borough shall require
that background checks be performed on any person with unsupervised
direct access to minors, as a condition of using the Borough facilities.
State law, N.J.S.A. 15A:3A-1, et seq., permits the Borough to request
that a background check on each prospective and current person with
unsupervised direct access to minors participating in any Borough-sponsored
program in connection with any Borough of Little Silver Recreation
Program under the Parks and Recreation Committee. The Department recommends
that all such current and prospective persons with unsupervised direct
access to minors involved with such youth programs be required to
submit to such background checks.
b.
DEPARTMENT
REVIEW COMMITTEE or COMMITTEE
SPONSORED
SUPERVISED
UNSUPERVISED
VOLUNTEER
Definitions. As used in this subsection, the following words shall
have the following meaning:
The Borough of Little Silver Police Department.
A three-member committee consisting of the Recreation Director,
the Borough Administrator and the Chief of Police. The Committee shall
be charged with the review of all appeals by any employee or volunteer
whose criminal history record background check reveals a disqualifying
criminal conviction.
Recreation run directly by the Little Silver Parks and Recreation
Committee and/or the Recreation Department including oversight, control
and/or fiscal contribution.
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Little Silver-sponsored sports
program or league who has regular unsupervised direct access to minors
as a result of their involvement with the organization.
c.
Requests for Background Checks; Costs.
1.
The Borough of Little Silver requires that all employees and volunteers
in Borough-sponsored recreation programs request a background check
on such individual.
2.
The Borough shall conduct a background check only upon receipt of
the written consent for the check from the prospective or current
person with direct unsupervised access to minors.
3.
The Borough of Little Silver shall bear the costs associated with
conducting a background check in accordance with the fees established
by the State Bureau of Identification in the Division of State Police
and in accordance with N.J.S.A. 15A:3A-2(d).
4.
The Department shall be informed whether the person's background check reveals a conviction of a disqualifying crime or offense specified in Subsection d below. Any information received by the Department shall be confidential.
5.
Any person who, by virtue of their occupation, is required by the
statute to undergo a federal and state criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder until two years has elapsed
since the most current background check.
d.
Conditions Under Which a Person Is Disqualified from Service.
1.
A person may be disqualified from serving as an employee or volunteer
of a Borough-sponsored recreation program if that person's background
check reveals a record of conviction of any of the following crimes
and offenses:
(a)
In New Jersey, any crime or disorderly persons offense:
(1)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery.
(2)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq., such as endangering the welfare of a child;
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
e.
Submission, Exchange of Background Information.
1.
Prospective or current employees or volunteers shall submit their
names, address, driver's license number, social security number and
written consent to the Department of Recreation for the background
check to be performed. The Department of Recreation shall submit this
documentation to the background check vendor who shall coordinate
the background check and refer the information the Department and
will shall coordinate a background check every two years after the
date of the initial check.
2.
The Department shall act as a clearinghouse for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to the subsection below.
f.
Limitations on Access and Use of Criminal History Record Information.
1.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Review Committee, as authorized by federal or state
statute, rule or regulation, executive order, administrative code,
local ordinance or resolution regarding obtaining and disseminating
of criminal history record information obtained under this subsection.
2.
The Review Committee shall limit their use of criminal history record
information solely to the authorized person for which it was obtained
and criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Any person violating
federal or state regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
g.
Challenge of Accuracy of Report.
1.
If a criminal history record may disqualify an employee or volunteer
for any purpose, the Review Committee's determination shall be provided
to the employee or volunteer with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The employee or volunteer shall be afforded a reasonable period
of time to correct and complete this record. A person is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated on the record. The New Jersey State Police shall make the
initial recommendation, based solely on the New Jersey State Statutes,
to the Department who shall provide information to the Review Committee.
They shall advise the Review Committee whether or not the volunteer
is being recommended. The Review Committee will receive a preprinted
form on each individual submitted to the State Police for a background
check. One form will be for recommendation and the other will be for
rejection. If there is a rejection, the Review Committee may still
allow the employee or volunteer to participate. The New Jersey State
Police will make a recommendation based on the record only. It is
within the Review Committee's discretion to overturn the decision
of New Jersey State Police Recommendation.
2.
The Review Committee shall promptly notify a prospective or current
employee or volunteer whose background check reveals a disqualifying
conviction. The person shall have 30 days from the receipt of that
notice to petition the Review Committee for a review and cite reasons
substantiating the review.
3.
Notwithstanding the provision of Subsection d, no person shall be disqualified from serving as an employee or volunteer on the basis of any conviction disclosed by a background check, if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee shall consider the following factors:
(a)
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(d)
The date of the offense;
(e)
The age of the person when the offense was committed;
(f)
Whether the offense was an isolated or repeated incident;
(g)
Any social conditions which may have contributed to the offense;
and
(h)
Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received acquisition
of additional academic or vocational schooling, successful participation
in correctional work-release programs, or the recommendation of those
who have had the person under their supervision.
4.
The Review Committee shall promptly advise the Department of Recreation,
in writing, if a current or prospective employee or volunteer whose
criminal history record background check reveals a disqualifying offense
has affirmatively demonstrated rehabilitation under this subsection.
5.
This subsection shall not apply to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to Paragraph (2) of Subsection c. of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to Subsection a. of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to Paragraph (4) of Subsection b. of N.J.S.A. 2C:24-4; luring or enticing pursuant to Section 1 of P.L. 1993, c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to Paragraph (3) or (4) of Subsection b. of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
6.
When the Review Committee determines that the person has affirmatively
demonstrated rehabilitation under this act, the Review Committee may
file that written notification with the Department.
7.
The Department shall keep the written notification on file for three
years from the date it was issued.
8.
A current or prospective employee or volunteer shall not be required
to submit to another background check if such written notification
was issued within the past two years.
9.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Department pursuant to the provisions of this subsection.
h.
Penalty. Failure to comply with this subsection may result in the
Borough withholding funding for the program or league, prohibiting
the use of facilities, and/or prohibiting the use of facility maintenance.
The Borough Council has decided and determined that it is necessary
and advisable and in the best interests of the inhabitants of the
Borough that by joint or parallel action by or on behalf of the Boroughs
of Fair Haven, Little Silver, Monmouth Beach, Oceanport, Shrewsbury
and West Long Branch (each a municipal corporation of the State of
New Jersey situated in the County of Monmouth) that a sewerage authority
pursuant to the Sewerage Authorities Law be created for the purposes
of the relief of waters in or bordering the state from pollution arising
from causes within the area of the Boroughs and the relief of waters
in, bordering or entering the area from pollution or threatened pollution
and the consequent improvement of conditions affecting the public
health.
Therefore, pursuant to the provisions of paragraph (c), Section
4 of the Sewerage Authorities Law of the State of New Jersey (Laws
of 1946, Chapter 138, as amended and supplemented), there is created
a public body corporate and politic under the name and style of "The
Northeast Monmouth County Regional Sewerage Authority."
The sewage authority is and shall be an agency and instrumentality
of the six Boroughs created by parallel ordinances duly adopted by
their governing bodies, and is a sewerage authority as contemplated
and provided for by the Sewerage Authorities Law and shall have and
exercise all the powers and perform all the duties provided for by
such law and any other statutes heretofore or hereafter enacted and
applicable.
The Northeast Monmouth County Regional Authority shall consist
of 12 members, and two of such members shall be appointed by the governing
body of each of the Boroughs, in accordance with the provisions of
the Sewerage Authorities Law.
During the month of December in each year, each department,
committee, commission and agency of the Borough shall certify to the
Mayor and council the estimated sum necessary for the proper conduct
of its work during the ensuing fiscal year in accordance with such
forms and procedures as may be from time to time determined by the
Borough Council.
Pursuant to R.S. 40:48-1, there is hereby created the office
of Borough Prosecutor who shall be nominated by the Mayor, with the
advice and consent of the council, at the organizational meeting,
or at any time thereafter, in the event such appointment by the Mayor
and council is deemed advisable or necessary.
The term of the office of the Borough Prosecutor shall be at
the pleasure of the Mayor and council, but in any event shall expire
on December 31 of the year in which the Borough Prosecutor is appointed.
The duties of the Borough Prosecutor shall be to prosecute any
and all matters on behalf of the Borough or the state in the Municipal
Court of the Borough of Little Silver, and he shall be in attendance
at all times when the magistrate so requests.
In the event of a conflict of interest or otherwise, the Borough
Prosecutor shall call upon the Borough Attorney to attend to any such
matters.
The compensation of the Borough Prosecutor shall be $1,800.00
annually in 1975 prorated from date of appointment, and as fixed by
the Borough Council in the salary ordinance for subsequent years.
Certain benefits and savings are potentially available to the
Borough and other municipalities which participate with Monmouth County
in Joint Public Bidding and Cooperative Purchasing Program; and it
is necessary to establish a legal basis for the Borough of Little
Silver and the County of Monmouth in cooperation with other municipalities
will establish a Joint Public Bidding and Cooperative Purchasing Program
pursuant to N.J.S.A. 40:A11-10 and 40:23-6; and it is in the best
interest of the Borough to enter into such an agreement.
The agreement entitled "Agreement Between the County of Monmouth
and certain municipalities located therein," to provide the municipality
with voluntary joint public bidding and cooperative purchasing services
shall be executed by the Mayor and Borough Clerk in accordance with
the provisions of law, and the services and facilities of the office
of county purchasing agent shall be provided without cost to the Borough.
The agreement entitled, "Agreement to Modify Interlocal Services
Agreement dated November 30, 1981 for the Purpose of inserting a Description
of Activities for the Tenth Year Monmouth County Community Development
Block Grant Program," a copy of which is on file in the municipal
clerk's office, be executed by the Mayor and municipal clerk in accordance
with the provisions of law.
This contract shall be effective retroactive to December 15,
1974 and shall continue in effect until notification by the Borough
Council to the effect that it wishes to withdraw for a subsequent
program year. The notice must be given in writing in accordance with
applicable conditions and deadlines lawfully established by the U.S.
Department of Housing and Urban Development (HUD) for any given year
in order for the local unit of government to drop out for the subsequent
program year, but in no case may a participant drop out of an ongoing
program year, except as a result of HUD action.
Any person claiming payment from the Borough shall present a
detailed bill of demand (R.S. 40A:5-16) to the Borough Clerk, duly
certified (or in the alternative, supported by an affidavit of the
claimant.)
It shall be the duty of the Borough Treasurer to see that the
signature of the officer or employee, who has been duly designated
by the local unit to certify that the materials have been received
by or the services rendered to the local unit, appears on every claim.
(R.S. 40A:5-16).
Claims shall then be presented to the chairman of the committee
responsible for the placing of the order who, if satisfied the claims
are proper, shall approve the same. After such approval is given,
the chairman shall file the claims with the Borough Treasurer who
shall then present these claims to the Borough Council for formal
approval at a regular meeting.
Where the Mayor does not approve claims prior to the time they
are presented to the Borough Council for approval, it shall be his
duty to incorporate in the official minutes, by signing the approving
resolution or by approving the schedule of claims approved by the
Borough Council, that he has examined the same and has officially
approved the same for payment.
Claims shall be considered by the Borough Council which shall
approve the same, except that the council may reject any claim presented
to it stating the reason for such rejection. Any disapproved claim
shall be referred back to the Borough Treasurer with such instructions
as the Borough Council may give at the time of disapproval.
It shall be the duty of the Borough Clerk to record all claims
in the official minutes indicating that the governing body has by
formal action approved the same with appropriate record as to any
claims disapproved or rejected.
It shall be the duty of the Borough Treasurer or such other
officer designated by resolution of the Borough Council to indicate
on the claims that they have been approved for payment, with the date
of approval thereof noted on the claim.
After the treasurer has certified that the claims have been
approved, he shall forthwith prepare the necessary checks for the
payment thereof, which checks shall be signed by the Mayor and the
Borough Clerk and thereafter countersigned by the treasurer. After
preparing checks for the payment of claims, he shall record them in
proper books of account and thereafter mail or otherwise distribute
the checks to the claimants.
In case of payrolls only, the treasurer or such officer or employee
as the Borough Council may designate by resolution shall, no later
than the first Monday of each month, anticipate the amount of money
needed for payrolls during the month in question and shall cause such
amount to be withdrawn from the general Borough accounts and deposited
into the payroll account in such a timely fashion that interest in
the general account will be maximized yet the payroll account will
have a sufficient balance to meet the anticipated payroll for the
month.
It shall be the further duty of the treasurer or other designated
person as aforesaid to prepare the necessary payrolls for all employees
which payrolls shall be duly certified by the treasurer that the services
have been rendered and that the amount specified is in fact due and
owing to the employee or employees. The payroll shall then be approved
by the department head responsible therefor. The payroll may be paid
to the employees by the treasurer without prior council approval but
same must be presented to council at its next regular meeting for
approval.
This section shall provide for the establishment of a payroll
account and the Borough Council may thereafter by resolution prescribe
the manner in which payroll checks shall be drawn, who shall sign
the same, and the dates on which payment shall be made. In addition,
the local unit may, if it so elects, adopt a resolution providing
for the biweekly payment of salaries and wages and compensation.
In the case of reimbursement or actual and necessary traveling
expense, itemized claims supported by receipts where available should
be presented in order to obtain reimbursement for expenses incurred
by local officials where authorized to travel by the municipality.
Pursuant to N.J.S.A. 40A:9-135 there is hereby created the office
of deputy Borough Clerk to serve in the place of the Borough Clerk
in the event that the Borough Clerk shall be absent from the Borough
for more than 24 hours. The Deputy Borough Clerk shall have the same
power, duties and authority as the Borough Clerk and shall be a resident
of the Borough.
No insurer issuing fire insurance policies in the State of New Jersey shall pay any claims for fire damages in excess of two thousand five hundred ($2,500.00) dollars on any real property located within the Borough unless or until the insured person submits an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 certifying that all taxes, assessments or other municipal liens or charges, levied and assessed and due and payable against said property have been paid or the Borough Council of the Borough submits a certified copy of a resolution adopted pursuant to Subsection 2-17.3 of this section. Any request pursuant to this section for an official certificate of search for municipal liens shall specify that the search concerns fire damaged property.
This section shall apply to and be effective against any fire
insurance policy issued or renewed after the adoption hereof and after
the filing of this ordinance with the State Commissioner of Insurance
pursuant to N.J.S.A. 17:36-9.
The Borough Council of the Borough may enter into an agreement
with the owner of any fire damaged property to pay in full all delinquent
taxes, assessments or other municipal liens by installments pursuant
to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by
installment payments pursuant to N.J.S.A. 54:5-65 et seq., if the
Borough Council is satisfied that the claim for fire damages is to
be used to restore or improve the fire damaged property. An insurance
company receiving a certified copy of a resolution of such agreement
from the Borough Council is authorized to make full payment on the
claim to the insured person.
Unless a resolution is received in accordance with N.J.S.A.
17:36-11 by an insurance company writing fire insurance policies in
any municipality having adopted an ordinance pursuant to N.J.S.A.
17:36-9, such insurance company is hereby authorized and required,
prior to the payment of any claims for fire damages in excess of two
thousand five hundred ($2,500.00) dollars, to pay to the municipality
the amount of the liens appearing on the official certificate and
such other recorded liens or related charges as may be certified to
the insurance company; provided, however, that if an appeal is taken
on the amount of any lien or charge, other than an appeal on the assessed
valuation of real property pursuant to R.S. 54:3-21, the insurance
company shall issue a draft payable to the court of record, to be
held by the court in an interest bearing escrow account in a banking
institution or savings and loan association in the State, in an amount
totaling 75 percent of the full amount of the lien or charge being
contested but not to exceed the proceeds payable under its insurance
policy, and the insurance company shall issue a draft payable to the
municipality for the remaining 25 percent of the lien or charge being
contested, with the full amount paid by the insurance company to the
court and the municipality not to exceed the proceeds payable under
its insurance policy pending termination of all proceedings, at which
time such moneys and all interest accruing thereon at a rate paid
on interest bearing accounts in banking institutions or savings and
loan associations in the State, shall be disbursed in accordance with
the final order or judgment of the court.
A municipal claim made in accordance with the provisions of
N.J.S.A. 17:36-8 et seq. shall be paramount to any other claims on
the proceeds of the fire insurance policy, except the claim of the
holder of a purchase money mortgage held as a first mortgage or an
institutional lender which is a holder of a mortgage on the fire damaged
property, where the fire insurance policy at the time of the loss
listed the mortgagee as the holder of an insurable interest, in which
event the claim of the mortgagee to the proceeds shall be paramount
to the municipal lien under N.J.S.A. 17:36-8 et seq. only to the extent
of the amount due and payable to the mortgagee under the mortgage
contract. As used in this paragraph, "institutional lender" shall
mean any bank, savings bank, State or Federally chartered savings
and loan association, or insurance company.
Nothing in N.J.S.A. 17:36-8 et seq. shall be construed.
a.
To obligate an insurance company for any amount in excess of the
proceeds payable under its fire insurance policy;
b.
Except as provided in the case of appeals, N.J.S.A. 17:36-10, to
obligate the insurance company for any liens not appearing on the
official certificate or any certified changes submitted by the bonded
official; or
c.
To affect the authority of a municipality to enforce a municipal
lien under any other law of this State.
The office of chief financial officer is hereby created in and
for the Borough of Little Silver by and subject to the provisions
of this section, and the employment of a person to fill such office
is hereby authorized.
a.
The person appointed to the office of chief financial officer shall
be qualified in accordance with the requirements of P.L. 1988, C.
110 and shall hold office for a term not exceeding one year or beyond
December 31 of the year of his or her appointment. However, if no
replacement has been appointed to fill the office after December 31
of the year of the appointment, said person shall continue to serve
until his or her services are terminated by vote of the governing
body. The Mayor shall nominate and, with the advice and consent of
the council, appoint the chief financial officer. Such nomination
shall be made at the annual organizational meeting of the governing
body. If the Mayor fails to nominate a person within 30 days of the
organizational meeting or the council fails to confirm any nomination
made by the Mayor, then, after the expiration of said 30 days, the
council shall appoint the chief financial officer. No appointment
shall be made except by vote of a majority of the members of the council
present at the meeting, provided that at least three affirmative votes
shall be required for such purpose, the Mayor to have no vote thereon
except in case of a tie. This procedure for the appointment of a chief
financial officer, upon the nomination by the Mayor and confirmation
by the council, shall also apply in the event of a vacancy in the
office, with the Mayor being obligated to make a nomination within
30 days from the date of the vacancy.
b.
The person nominated to serve as chief financial officer pursuant
to the terms of this section, and to serve until December 31, 1989,
shall be nominated by the Mayor, with the advice and consent of the
council. The Mayor shall make such nomination within thirty days from
the effective date of this section. If the Mayor fails to nominate
within said 30 days or the Borough Council fails to confirm any nomination
made by the Mayor, then, after the expiration of said 30 days, the
council shall appoint the chief financial officer. No appointment
shall be made except by vote of a majority of the members of the council
present at the meeting, provided that at least three affirmative votes
shall be required for such purpose, the Mayor to have no vote thereon
except in case of a tie.
The chief financial officer shall receive such compensation
as shall be fixed from time to time by the Borough Council in a salary
ordinance.
The person appointed to the office of chief financial officer
shall have such powers and duties as may be established and provided
by the laws of the State of New Jersey, including, but not limited
to N.J.S.A. 40A:9-140.1 et seq. and N.J.S.A. 52:27BB-26 et seq., as
may be amended and supplemented from time to time.
[Prior § 2-19 Municipal Ethics Board and subsections
2-19.1 through 2-19.9 were repealed 12-19-2022 by Ord. No. 863-22]
[Ord. No. 427-96 § 1]
Any check or other written instrument for any account owing
to the Borough of Little Silver which is returned for insufficient
funds shall be subject to a twenty ($20.00) dollars service charge
in accordance with P.L. 1990, Chapter 105 (N.J.S.A. 40:5-18).
[Ord. No. 427-96 § 1]
As authorized by P.L. 1990, c. 69, 9 (N.J.S.A. 54:4-6d) and
subject to the provisions of N.J.A.C. 5:33-4.8, any individual, mortgagee
tax servicing organization or property tax processing organization
requesting a replacement duplicate tax bill shall pay a fee of five
($5.00) dollars for the initial copy of the tax bill and twenty-five
($25.00) dollars for each subsequent copy of the tax bill for the
same tax year requested by the same person or organization.
[Ord. #536-02, § 1; Ord. #557-03, § 2;
Ord. #566-04, § 2; Ord. #585-04, § 2; Ord. #698-10,
§ 2; Ord. No. 778-2016; Ord. No. 785-2016]
The following fees and costs shall be charged:
a.
Police Department.
$2.00 each hand gun purchase application
$1.00 each bicycle registration permit
$75.00 video duplication
$18.00 per hour shall be charged as an administrative fee for
"Special Duty Assignments, except that no administrative fee shall
be charged for Special Duty Assignments for Little Silver Public Schools,
Red Bank Regional High School as they are quasi-municipal entities,
volunteer Organizations and Borough events sanctioned by the governing
body.
[Ord. No. 778-2016; Ord. No. 785-2016]
b.
Library.
$20.00 annual nonresident library membership fee
$2.00 per day overdue videos, DVD's
$.05 per day overdue books, audio-tapes and periodicals
c.
General.
Photocopy Fees
$.05 per page for letter size and smaller
$.07 per page for legal size and larger
$25.00 per tape - audio tape duplication
$1.00 each 3" x 5" photograph copied
$7.00 each 8" x 10" photograph copied
$13.00 each 11" x 14" photograph copied
$300.00 each advertisement space - Little Silver Newsletter
d.
Land Use Manuals.
$25.00 Master Plan
$50.00 Land Use Ordinance Book
$15.00 Zoning District Regulations
$1.00 Zoning Maps
[Ord. No. 486-00, § 1]
This section bans the use of government buildings and government
equipment for political fundraising.
Political contributions have a profound impact on government
decision making. New Jersey law does not appear to presently ban solicitations
or acceptance of political contribution by public office holders and
employees while on public property or by use of public facilities.
A conflict of interest may arise between the business of political
fundraising and the business of government on government owned premises,
which may cause a distraction from the people's business. The most
appropriate method to prevent this conflict and to insure the integrity
of government decisions is the prohibition of political fundraising
on or by use of public property. The paramount public interest in
a clean and accountable government requires the prohibition of political
fundraising on public property or by use of public facilities.
shall mean any individual seeking election to a public office
of the federal government, state, county, municipality, school district
or political organization at an election.
shall mean this municipality and any municipal officer, department,
board, commission, or agency thereof.
shall mean any person holding elective municipal office or
holding an appointed position in the municipal government, or in any
agency, commission, board, or office thereof, whether the position
is full time or part time, compensated or uncompensated; and any employee
of municipal government or in any agency, commission, board, or office
thereof, whether the position is full time or part time.
shall mean and include all loans and transfers of money or
other thing of value to or by any candidate elected official or political
organization and all pledges or other commitments or assumptions of
liability to make any such transfer. Political contributions shall
be deemed to have been made upon the date when such commitment is
made or liability assumed.
shall mean any two or more persons acting jointly, or any
corporation, partnership or any other incorporated or unincorporated
association which is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for federal, state,
county, municipal or school board office. Political organization includes,
but is not limited to, organizations otherwise defined as "political
committee," "joint candidates committee," and "legislative leadership
committee."
shall mean buildings, land, vehicles, phones, fax machines,
computers or other office equipment or supplies and other real or
personal property owned, leased or controlled by the municipality,
except for public roads and open park land.
shall mean to seek by oral or written communication a political
contribution as same is defined herein.
a.
Solicitation of political contributions on public property prohibited.
No municipal official, employee or appointee may solicit, commit to
pay, or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while
in or on the property of the municipality or utilizing the property
of the municipality.
b.
Prohibited forms of political fundraising. Prohibited forms of political
fundraising shall include but are not limited to:
1.
Soliciting or accepting political contributions using municipal telephones,
fax machines or computers.
2.
Soliciting or accepting political contributions using personal telephones
while on the property of the municipality.
3.
Soliciting or accepting political contributions through the use of
publicly owned computers or privately-owned personal computers while
on the property of the municipality.
4.
Using municipal letterhead to solicit or accept political contributions.
5.
Sending correspondence from municipal buildings or by use of municipal
services, equipment or postage.
6.
Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the municipality.
7.
Use of automobiles owned or leased by the municipality to accept
or solicit political contributions.
c.
Reporting requirements. It shall be the responsibility of any employee,
appointed, or elected official who observes any prohibited forms of
fundraising to report such conduct to the municipal ethics board,
if one exists, or in the alternative, to the municipal prosecutor
and the municipal clerk who shall report same to the governing body.
d.
Whistleblower provision. It shall be unlawful for any employee, elected
official or appointee to be dismissed, reprimanded, retaliated against
or otherwise intimidated for complying with the reporting requirements
mandated by this section.
There is hereby established an account which shall be known
and designated as the Municipal Open Space, Recreation, and Farmland
and Historic Preservation Trust Fund, which shall be used exclusively
for those purposes authorized by the voters of the Borough of Little
Silver.
The Open Space Trust Fund shall be funded through the dedication
to the fund of an amount as determined from time to time by the registered
voters of the Borough pursuant to N.J.S.A. 40:12-15.7. Donations and
testamentary bequests made for the purposes enumerated in N.J.S.A.
40:12-12.7 shall be deposited in this trust fund. Any interest or
other income earned on monies deposited into the trust fund shall
be credited to the fund to be used for the same purposes as the principal.
Funds accumulated in the trust fund may be utilized, as directed
by the Borough Council, for costs incurred in connection with the
acquisition, development and maintenance of land, easements and development
rights for open space, recreation, and farmland and historic preservation
purposes, including costs and expenses associated therewith, including
but not limited to appraisal, survey, title search, environmental
assessment and legal fees, or for the payment of debt service on indebtedness
issued or incurred for any of the aforesaid purposes.
Any property acquired with funds from the Open Space Trust Fund
may be leased or sold in accordance with any applicable law, provided
the proceeds of said lease or sale are deposited into the trust fund
as required by N.J.S.A. 40:12-15.9.
To provide a policy and procedure for the application for use
of municipal buildings and grounds by groups and organizations.
shall mean any group or organization whose membership is
comprised of 75 percent or more Little Silver residents. In determining
whether a group is comprised of a 75 percent majority of Borough residents,
all members or team players in the league will be counted. For travel
and/or tournament teams, or one-time events, only home team players
will be counted.
shall mean the facilities defined herein which are used primarily
for one organization or entity, the use by which takes precedence
over all other requests for use.
shall mean all public parks, fields, building and facilities,
both indoor and outdoor, within the Borough which are owned, used
or controlled by the Borough for recreation, meetings, expositions,
social functions and similar activities.
a.
Any group or organization, except as prohibited herein, may be permitted
to use public and limited use facilities subject to the following
rules and regulations:
1.
Any group wishing to use a public facility or limited use facility
shall submit a written application, signed by a person over the age
of 21, to the Borough Adminstrator at least 30 days prior to the desired
use date. The application shall include the name and address of the
organization, the names and addresses of organization officers and/or
trustees, the purpose of the meeting, the expected number of attendees,
the facility of which use is requested. The time limit may be waived
for good cause by the Borough Adminstrator.
2.
All groups using a public facility or limited use facility shall
execute an indemnity and waiver agreement prior to use of the facility
waiving and relinquishing all claims and causes of action of every
kind which they have or may have against the Borough arising out of
the use of such facility. All groups must indemnify the Borough for
any and all liability of loss, and against all claims or actions based
upon or arising out of damage or injury to persons or property caused
by or sustained in connection with the group's use of the facility,
and the defense of any such claims or action. The agreement must be
signed by a person over 21 years of age.
3.
All for-profit groups requesting meetings in public facilities or
limited use facilities shall provide proof of general liability and
property damage insurance in an amount not less than one million ($1,000,000.00)
dollars. For nonprofit organizations and groups, the organization
or group shall provide proof of general liability and property damage
insurance in an amount not less than five hundred ($500,000.00) dollars.
The insurance shall name the Borough as an additional insured for
the duration of the use of the facility. For good cause shown, the
Mayor and council may waive this requirement for any applicant.
4.
All groups are responsible for setup and cleanup of the facility
and responsible for the cost of repair and/or damage to the facility.
Chairs and tables shall be returned to their original positions and
lights and air conditioning/heating shall be turned off or adjusted
as directed or posted at the facility.
5.
Any group requesting use of the facility for a single use shall deposit
two hundred ($200.00) dollars as a cleaning and property damage deposit
at least seven (7) days prior to the use date. Any group requesting
use of the facility on an annual basis shall deposit two hundred ($200.00)
dollars as a cleaning and property damage deposit which shall be held
in an escrow account. The deposit will be returned by the Borough
Adminstrator upon satisfactory inspection of cleanliness and condition
following the use.
6.
A record book shall be kept in the administrative offices of the
Borough for purposes of scheduling use and for a record of use of
municipal buildings and grounds.
7.
Keys for indoor and/or secure facilities shall be signed out and
obtained by the applicant from the Borough police dispatcher and shall
be returned promptly following use of such facility to the Borough
police dispatcher.
8.
No alcoholic beverages may be served in or at any public facility
or limited use facility, unless specifically permitted by the Borough.
9.
No smoking is permitted in or at any indoor public facility or limited
use facility.
10.
No fireworks or pyrotechnics shall be permitted in or at any public
facility or limited use facility.
11.
The group or organization, its members, guests and invitees shall
follow all the laws of the State of New Jersey and all the ordinances
of the Borough including, but not limited to, fire regulations and
occupancy limits.
12.
The Mayor and council may revoke permission granted to any group
or organization for failing to follow any applicable laws, ordinances
and regulations.
13.
Youth groups and organizations shall be supervised by one person
21 years of age or older per ten persons under the age of 21 years.
14.
Application for use of facilities shall be on a first come first
serve basis, unless as otherwise set forth for limited use facilities.
15.
Any use of any indoor public facility or limited use facility shall
cease by 12:00 midnight Friday and Saturday nights and 10:00 p.m.
all other nights, unless specifically permitted by the Borough. Any
use of any outdoor public facility or limited use facility shall cease
by sunset.
16.
Groups or organizations granted the use of public facilities or limited
use facilities, if deemed necessary by the Borough, in its sole discretion,
shall be required to provide, at its sole cost, policing and/or traffic
control in connection with its use of a public facility or limited
use facility.
17.
Public facilities or limited use facilities shall not be used for
any purpose prohibited by law.
a.
Groups or organizations granted the use of public facilities or limited
use facilities are responsible for the proper supervision of all members,
guests and invitees. Any members, guests and invitees under the age
of 21 years shall not be left unattended at any time.
b.
Groups or organizations granted the use of public facilities or limited
use facilities shall be held responsible for any personal injury or
property damage resulting from the lack of or inadequate supervision
of members, guests and invitees.
The following are designated limited use facilities together
with groups having priority in the use of those limited use facilities:
a.
Woman's Club Building: Priority shall be granted to use by the Woman's
Club of Little Silver, the Evening Membership Department of the Woman's
Club, the Junior Woman's Club of Little Silver, the Garden Club, and
the Little Silver Seniors, in accordance with each group's bylaws
and regulations.
b.
Borough Hall may be used only for official government activities,
meetings of the Mayor and council, or meetings of boards, commissions,
committees or entities created by act of the Mayor or council, subject
to the requirements of the Open Public Meetings Act.
c.
Borough Library may only be used for library purposes except as authorized
by the Mayor and council.
a.
Applications for permits are required for the use of indoor public
facilities and limited use facilities, and for the use of outdoor
public facilities and limited use facilities for organized sports
activities, contests, picnics and any other organized event or gathering.
b.
Applications are not required for the unreserved use of parks, fields,
playgrounds and open space areas. However, a group or organization
that has reserved a particular facility and is in possession of an
approved facility use permit for the same will receive priority over
a group or organization lacking such a permit.
c.
Applications for the use of any public facility or limited use facility
shall be obtained in person at the Borough Clerk's office. Completed
applications shall be submitted to the Borough Adminstrator at least
30 days prior to the desired use date.
d.
Applications for use of public facilities or limited use facilities
for athletic events may be granted for a maximum of six months and
nonathletic events for a maximum of one year. It is the applicant's
responsibility to file a new application upon expiration.
e.
All applications shall be approved by the Borough Council.
Applications for the use of public facilities will be scheduled
on a first come first serve basis. When more than one complete application
is received for the same date(s), the following priority order will
apply. In all instances, priority is given to residents of the Borough
and Borough-based groups or organizations. A team/league roster with
the name and home address of each participant must be submitted with
all applications in order to determine residency priority.
a.
Meetings or events directly sponsored by the Borough, Borough departments
and/or employees for municipal purposes.
b.
Meetings of Borough advisory boards, commissions and committees.
c.
Meetings held for the discussion of Borough issues.
d.
Youth recreational activities or service organizations.
e.
Adult member organizations.
a.
Fees for use of public facilities and limited use facilities shall
be established by resolution of the Borough Council on an annual basis.
b.
Borough employees and members of the Borough's volunteer fire and
first-aid squads shall be exempt from all fees for the use of any
public facility or limited use facility.
c.
Any Borough-based group or organization possessing a tax exempt status,
evidenced by the furnishing of a tax exemption number provided by
the State of New Jersey and/or the government of the United States,
shall be exempt from all fees for the use of any public facility or
limited use facility.
[Amended 2-28-2022 by Ord. No. 850-22; 3-25-2024 by Ord. No. 878-24]
a.
Purpose. The purpose of this section is to establish a length of
service awards program (LOSAP) for active volunteer members of the
Borough's emergency service organizations. The LOSAP program
is designed to enhance the ability of the Borough to provide fire
and first aid protection and help the fire and first aid squads recruit
and maintain membership.
b.
Program Established. Pursuant to N.J.S.A. 40A:14-183, there is hereby
established, within the Borough of Little Silver, an Emergency Services
Volunteer Length of Service Award Program, hereinafter referred to
as LOSAP.
c.
The LOSAP program shall provide for the fixed annual contribution
to a tax deferred income account for each eligible volunteer for fire
and first aid members that satisfies the criteria set forth in this
Act.
e.
The annual contribution amount for each year of future service for
each eligible volunteer member shall be $1,150. The estimated annual
cost of this provision of the LOSAP program shall be based on approximately
70 members, for a total cost of $75,000.
f.
After ratification of the LOSAP[2] as provided in this Act, the maximum annual contribution
may be increased without public hearing or public question provided
such increase does not exceed the number calculated by multiplying
the original contribution as approved by public question by the consumer
price index factor, as set forth by, and in compliance with N.J.S.A.
40A:14-185.
[2]
Editor's Note: LOSAP was approved by the electorate November
4, 2003.
g.
Any amounts appropriated annually for a LOSAP program shall be included
in the budget of the municipality as a separate line item.
h.
LOSAP Applicants: new program applicants must submit a LOSAP program
application by January 31st to be eligible for the prior calendar
year's qualification.
i.
Vesting: five years of service in the Little Silver Volunteer Fire
Company and/or Little Silver EMS within the Borough of Little Silver
is required to vest during each of those five years or an accumulation
of such, a member must have attained (50) LOSAP points as described
in the LOSAP point schedule as adopted by ordinance to qualify.
j.
The active volunteer member shall not be permitted to receive a distribution
of the funds in his or her LOSAP account until the completion of a
five-year vesting period.
k.
Death Prior to Vesting: If a member dies prior to vesting, the funds
in the members account may be distributed to the member's designated
beneficiary.
l.
Transfer of LOSAP: A member who transfers to another municipality
or Fire Department/District that has a LOSAP program may transfer
or rollover the funds to the receiving Department's LOSAP program
as permitted by the LOSAP vendor.
m.
Resignation: Funds will be returned to the Borough of Little Silver
upon a member's resignation or termination from the Little Silver
Volunteer Fire Company and/or Little Silver EMS where the member has
not been vested.
n.
Termination of service: Any participant who terminates service as
an active volunteer member shall cease to participate hereunder. Any
active volunteer member who terminates service with the emergency
service organization, subsequently returns to service and again becomes
a participant shall be treated as a new participant for purposes of
eligibility unless said participant was fully vested prior to his
or her termination from service.
|
Little Silver Volunteer Fire Department
| ||||
|---|---|---|---|---|
|
LOSAP Point System
| ||||
|
Total of 50 Points Required per Calendar Year
| ||||
|
I.
|
TRAINING COURSES: Verified by Certificate.
| |||
|
A.
|
Basic/Firefighter 1
|
30 Points
| ||
|
Completion of State
| ||||
|
Approved Firefighter 1
| ||||
|
Training Program consisting of a minimum of 90 hours
| ||||
|
B.
|
SCBA Recertification:
|
5 Points per calendar year
| ||
|
C.
|
Advanced SCBA:
|
5 Points per calendar year
| ||
|
D.
|
All other schooling:
|
10 Point Maximum/1 point per hour
| ||
|
E.
|
Basic Fire Police Training:
|
10 Points
| ||
|
II.
|
DRILLS:
| |||
|
A.
|
Company Drills:
|
24 Points Maximum/2 points per drill
| ||
|
B.
|
Mutual Aid Drills:
|
5 Points Maximum/1 point per drill
| ||
|
III.
|
FIRE CALLS:
| |||
|
A.
|
Fire/Emergency Response:
| |||
|
Years of Service
|
Minimum % of Company Calls
|
Points
| ||
|
1-10 Years
|
20%
|
15
| ||
|
1-10 Years
|
40%
|
25
| ||
|
11-20 Years
|
15%
|
15
| ||
|
11-20 Years
|
30%
|
25
| ||
|
21 - or more Years
|
5%
|
15
| ||
|
21 - or more Years
|
10%
|
25
| ||
|
IV.
|
ELECTED OR APPOINTED POSITIONS.
| |||
|
A.
|
*Chief:
|
30 Points - Cannot collect ex-chief credits also
| ||
|
B.
|
*Fire Police Captain:
|
15 Points - Cannot collect ex-captain credits also
| ||
|
C.
|
*Line Officers (Fire & Fire Police):
|
8 Points
| ||
|
D.
|
*Chief Engineer:
|
10 Points
| ||
|
E.
|
Asst. Engineers:
|
8 Points
| ||
|
F.
|
Ex-Chief: 1 term only/cannot collect while serving as Chief
|
10 Points
| ||
|
G.
|
Ex Line Officers and Engineers
|
5 Points 1 term only/cannot collect while service as Chief/Line
Officer
| ||
|
H.
|
Ex-Fire Police Capt.:1 term only/cannot collect while serving
as F.P. Capt.
|
10 Points
| ||
|
I.
|
*Business Officers:
| |||
|
President:
|
12 Points
| |||
|
Vice President
|
10 Points
| |||
|
Treasurer
|
10 Points
| |||
|
Trustee
|
6 Points
| |||
|
All other Business officers
|
6 Points
| |||
|
*Requires completion of full one year term
| ||||
|
V.
|
ATTENDANCE AT MEETINGS:
| |||
|
Company Meetings:
|
12 Points Maximum/1 point per meeting (regular or special)
| |||
|
VI.
|
SPECIAL DUTY:
| |||
|
A.
|
Grave Decorations:
|
3 Points
| ||
|
B.
|
Attendance at Borough Events:
|
3 Points (6 Points Maximum)
| ||
|
C.
|
Years of Service:
|
3 points for every 5 years of service as a member in good standing
as defined by the Fire Company Constitution and By-Laws.
| ||
|
D.
|
Activity Performed in Support of Company As approved by the
Company
|
14 Points Maximum
| ||
|
Boot Drive
|
4 Points
| |||
|
Fund Drive
|
4 Points
| |||
|
Christmas Tree
|
8 Points
| |||
|
Other Company Activity approved by President
|
6 Points
| |||
|
St. Patrick' s Day Event
|
4 Points
| |||
|
Committee Chair and/or Co-Chair
| ||||
|
Christmas Tree
|
6 Points
| |||
|
Fund Drive
|
6 Points
| |||
|
House
|
6 Points
| |||
|
St. Patrick' s Day
|
6 Points
| |||
|
E.
|
Apparatus, Equipment, Quarters Maintenance:
|
16 Points Maximum/2 Points per 2 hour work period approved by
Chief
| ||
|
Little Silver E.M.S.
| ||
|---|---|---|
|
LOSAP Point System
| ||
|
Total of 50 Points Required per Calendar Year
| ||
|
CATEGORY
|
ACTIVITIES AND AWARDS
|
MAXIMUM AWARD
|
|
Training
|
1 point per CEU
|
30 points
|
|
2 points for other classes
| ||
|
15 points Basic EMT
| ||
|
10 points Basic 1st Responder
| ||
|
2 points for instructing a class (to train LSEMS personnel)
| ||
|
10 points per semester for EMS related degree programs maximum
award 20 points
| ||
|
Instructor Training
|
10 points for becoming a CPR Pro. Inst.
|
20 points
|
|
10 points for becoming an Emergency Resp.
| ||
|
5 points for becoming a CEVO INST
| ||
|
Community Awareness
|
2 points for any community event (ie: fairs, CPR instruction,
etc.)
|
20 points
|
|
Drills
|
2 points for each drill
|
24 points
|
|
Meetings
|
1 point per monthly meeting
|
15 points
|
|
1 point per special meeting
| ||
|
Elected/appointed officers
|
10 points for Captain or President
|
15 points
|
|
5 points for Business or Line Officers
| ||
|
5 points for Ex-Captain
| ||
|
5 points for Trustee
| ||
|
1/2 point/month for Engineer
|
5 points maximum
| |
|
Delegates
|
5 points for appointment
|
25 points
|
|
1 point per meeting
| ||
|
5 points per convention
| ||
|
Committees
|
5 points per committee
|
10 points
|
|
Emergency Response
|
1/4 point per call for less than 60 Day calls
|
40 points
|
|
20 points for 60 — 79 calls
| ||
|
25 points for 80 — 99 calls
| ||
|
30 points for 100 — 149 calls
| ||
|
35 points for 150 — 199 calls
| ||
|
40 points for 200 or more calls
| ||
|
1/2 point per call if part of ambulance crew
| ||
|
Night Crews
| ||
|
10 points per assigned crew
| ||
|
1 point per call for Fri/Sat Scramble
| ||
|
Mutual aid calls
| ||
|
1 point per call
| ||
|
Miscellaneous
|
1 point/2 hour fund raising
|
10 points
|
|
Special Activities
| ||
|
1 point per 2 hours per function
|
20 points
| |
|
Fireworks…Football games
| ||
|
Parades…Graduations
| ||
|
Marathons (Races)…Sleep-ins
| ||
|
Special Assignments by Chief or President
| ||
|
Service in Good Standing
|
2 points per year
|
20 points
|
|
Defined in Constitution and By-Laws
| ||
The purpose of this section is to establish the date and time
for the annual Mayor and council organization meeting as follows:
The first Monday in January of the New Year at 7:30 p.m.
If the first Monday in January of the New Year falls on a nonworking
day the meeting date will be the first Thursday of the New Year at
7:30 p.m.
There is hereby established the office of the zoning inspector
of the Borough of Little Silver.
The term of the office of the zoning inspector shall be at the
pleasure of the Mayor and council, but in any event shall expire on
December 31 of the year in which the zoning inspector is appointed.
The zoning inspector shall be appointed by the Mayor with the
advice and consent of the council and shall serve at the pleasure
of the Mayor and council. Specific terms and conditions of employment
shall be set forth in a written agreement, and be approved by resolution
of the Mayor and council.
The zoning inspector shall be a part time employee of the Borough.
However, nothing herein shall prevent the zoning inspector from also
holding any other appointive Borough office and fulfilling the duties
thereof.
The compensation of the zoning inspector shall be as determined
in the salary ordinance.
The zoning inspector shall, under the direction of the Borough
zoning officer, to the extent not prohibited by law:
a.
Be responsible for the investigation of specific complaints concerning
violations of the Borough zoning ordinances.
b.
Be responsible for the inspection of specific requirements and conditions
imposed by the Borough planning board with respect to development
applications.
c.
Be responsible for the inspection of any construction and/or development
in the Borough in order to ensure compliance with Borough ordinances
and proper issuance of requisite permits and approvals.
d.
Submit to the zoning officer and/or Mayor and council, as requested,
verbal and written reports on zoning inspection activities; and
e.
Perform such other duties as may be required by the zoning officer
and/or the Mayor and council.
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program to provide retirement benefits to various county
and municipal officials.
N.J.S. 43:15C-2 requires the governing body of each county,
municipality, and other local entity to adopt, as appropriate, either
a resolution or ordinance to determine the positions that are substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State, pursuant to guidelines or policy that
shall be established by the Local Finance Board in the Department
of Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law.
The Mayor and council of the Borough of Little Silver has considered
the guidelines issued by the Local Finance Board.
Pursuant to N.J.S. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program when the position is filled by an employee of the
Borough who is compensated through the Borough's payroll account:
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.
43:15C-2:
If an individual is appointed to one of the positions listed in Subsection 2-27.2 and the individual is not serving in a position as described in Subsection 2-27.3 above, the pension certifying officer of the Borough may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in Subsection 2-27.3 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pension and Benefits.
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #741-13; Ord. #743-13]
Pursuant to N.J.S.A. 40:48-1.4, the Borough shall require criminal
history record checks from all new hires from the date of enactment
of this section, excluding any seasonal employees under the age of
18. The Borough shall observe all requirements as contained in N.J.S.A.
40:48-1.4. No criminal history check shall be furnished unless the
applicant provides written consent to the check. The Borough will
deny employment to an applicant if the applicant refuses to submit
to criminal history background check.
[Added 7-10-2017 by Ord.
No. 797-17]
This section shall be and is limited solely to residents of
the Borough of Little Silver and members in good standing of the Little
Silver Fire Department and Little Silver EMS and are certified to
be members in good standing by the Chief Executive Officer of the
respective volunteer company or squad as required herein.
a.
A "member in good standing" is hereby defined as an active member
or active life member volunteer who has served at least one year of
continuous service in his/her respective company or squad and has
been certified, in writing by the chief Executive Officer of their
respective company or squad to have served the required percentage
of activity or participation to qualify as a bona fide member of the
organization.
b.
The certification shall be signed by the Chief Executive Officer,
notarized accordingly, and shall be filed in the Office of the Borough
Clerk as a public record.
c.
"Member in good standing" certification shall be filed with the Borough
Clerk annually and shall be provided to the Clerk no later than January
15 of each year. A new certification must be filed each year, and
as of January 15 of each year, the certification from the preceding
year shall be null and void.
A member in good standing, as defined herein, shall be entitled
to certain benefits within the Borough of Little Silver as follows:
a.
Exemption from the municipal portion of the Uniform Construction
Code Fees for the issuance of a building permit required in connection
with either the construction of a single-family home or an addition
or repairs to an existing single-family home. Said fee exemption is
not to exceed $500 and the dwelling must be owned and occupied by
the active member.
b.
Exemption from Borough recreation fees for children of active members.
c.
Exemption from development permit application fees.
d.
Exemption from Planning Board application fees for use or bulk variances.
e.
Exemption from garage sale permits.
a.
Dog licensing fees.
b.
Escrow or review fees required with a development permit or Planning
Board Application.
c.
Fees, license and permits associated with any for-profit activity.
d.
Posting of performance guaranties where required or permitted by
law.
e.
Any portion of a fee which is collected by the Borough on behalf
of another entity, including but not limited to the State of New Jersey,
the County of Monmouth or any outside vendor.
