[2000 Code § 2:15]
Pursuant to the provisions of N.J.S.A. 40:62-106, the water system and the sewer system established by Ordinance No. 517, and codified in Borough Code Chapter 14, both of which are owned by the Borough of Avalon, are hereby consolidated and shall hereafter be maintained and operated as a single municipal public utility as defined in N.J.S.A. 40A:1-1.
[2000 Code § 2:16-1]
The Borough Council hereby makes the following findings and
determinations:
a.
Avalon is a community bordering on the Atlantic Ocean and pursuant
to N.J.S.A. 40:61-22.20, any such municipality in which lands bordering
on the Atlantic Ocean are used for public health and recreation and
for other public purposes, is authorized to charge and collect reasonable
fees for the registration of persons using said lands and bathing
facilities for access to the beach and bathing and recreational grounds
so provided and for the use of the bathing and recreational facilities.
b.
It is the judgment and determination of the Council, the governing
body of the Borough of Avalon, that a Beach Utility, whose revenues
and appropriations are kept separate and apart from the local municipal
budget, is the proper method to be used in reflecting, in an accurate
manner, the conduct and cost of beach and beach-related activities.
c.
The creation of a Beach Utility will enable the Borough to more precisely
and accurately identify and track all costs and expenses identified
with the operation and maintenance of the beach, including, but not
limited to, salaries and wages, capital equipment expenses, debt service
on bonds, and will also permit an allocation of costs among various
Borough Departments, including the Department of Public Safety and
Department of Public Works, among others, and will further permit
an allocation of engineering and professional fees attributable to
beach operation and maintenance.
d.
The more accurate and precise identification of items of expense
will enable the Borough to more accurately establish appropriate user
fees, as well as to identify other potential sources of revenue to
help defray the ever-increasing costs of beach operation and maintenance.
e.
The creation of a Beach Utility will permit the Borough to dedicate
certain revenues to the Utility to be used in furtherance of the Utility's
purpose and mission and will facilitate certain other lump sum general
appropriations in the municipal budget as needed to meet the costs
and expenses associated with the operation of the Beach Utility.
f.
The Council acknowledges that the operation and maintenance of the
beach is a substantial expense to the Borough of both an indirect
and direct nature and the Council further acknowledges that said function
generates revenues from the reasonable fees associated with registration.
g.
The creation of a Beach Utility will assist the Borough to budget,
plan, report and monitor both revenues and expenses associated with
the beach.
h.
The creation of a Beach Utility for the aforesaid reasons is in the
best interests of the Borough of Avalon.
[2000 Code § 2:16-2]
Pursuant to the Local Budget Law, N.J.S.A. 40A:40-1 et seq.,
and specifically N.J.S.A. 40A:4-33, a Beach Utility is hereby created
and established in the Borough of Avalon effective January 1, 1999.
The Utility shall be known and cited as The Beach Utility of the Borough
of Avalon.
[2000 Code § 2:16-3]
The purpose of creating a Beach Utility shall be to collect
expenses, both direct and indirect, and revenue data with regard to
the operation, maintenance and improvement of the beach, boardwalk
and related facilities.
[2000 Code § 2:16-4]
The Beach Utility Budget shall set forth the anticipated revenues
from the operation thereof and shall be set forth in a separate section
of the Annual Municipal Budget. The Beach Utility Budget shall set
forth the appropriation and shall include, as a minimum:
a.
Operations;
b.
Interest and debt retirement;
c.
Deferred charges and statutory expenditures.
The appropriate Borough officials and employees are directed,
empowered and shall adopt accounting procedures consistent with this
section and the aforesaid New Jersey State Statutes in the creation
and operation of the Beach Utility.
[2000 Code § 2:16-5]
The membership of the Beach Utility shall consist of the members
of the Council and the Mayor.
[2000 Code § 2:16-6]
The Business Administrator of the Borough of Avalon shall be
designated as the Executive Director of the Beach Utility.
[2000 Code § 2:16-7]
The members of the Beach Utility shall supervise and control
the Utility and shall have the power to identify, collect, budget,
report and monitor all expenses and revenues in connection with the
operation, maintenance and improvement of the beach, boardwalk and
related facilities of the Beach Utility.
[2000 Code § 2:16-8]
To the extent necessary, all Borough officials and employees
are hereby authorized to perform services for the Beach Utility in
furtherance of its stated purpose and objectives.
[2000 Code § 2:16-9]
Members of the Beach Utility shall serve for a term which is
the same as his respective term of elected office.
[2000 Code § 2:16-10]
The members of the Beach Utility and the Executive Director
shall not be separately compensated for the services rendered on behalf
of the Utility. The members may, however, be reimbursed for expenses
incurred.
[2000 Code § 2:16-11]
To the extent that the Beach Utility may require professional
services of any type or description, the Auditor, Engineer, Borough
Solicitor and Legislative Counsel are hereby authorized to provide
such services. Compensation shall be in accordance with the Professional
Services Contracts currently on file in the office of the Borough
Clerk.
[2000 Code § 2:16-12]
The Council hereby dedicates the following revenues to the Beach
Utility:
a.
Revenue derived from the sale of beach badges.
b.
Such additional revenue as may subsequently be authorized by legislation
which permits all or part of such revenues to be used for beach maintenance
and operation purposes.
In addition to such dedicated revenues, the Beach Utility shall
also receive a general appropriation from the Borough as approved
in the Annual Municipal Budget to make up for any shortfalls in revenue.
[2000 Code § 2:16-13]
The Beach Utility may be dissolved by ordinance. Upon dissolution,
any assets titled in the name of the Beach Utility shall become the
sole and exclusive property of the Borough of Avalon and any liabilities
of the Beach Utility shall be assumed by the Borough of Avalon.
[2000 Code § 2:17-5]
a.
Established. Pursuant to and in accordance with the provisions of
N.J.S.A. 40A:14-95, there is hereby established in the Borough of
Avalon a Junior Firefighters Auxiliary.
b.
Membership. Membership shall be limited to individuals who are 16
and 17 years of age who are otherwise qualified as provided in the
Rules and Regulations adopted pursuant to N.J.S.A. 40A:14-98.
c.
Adoption of Rules and Regulations. The initial Rules and Regulations
attached to Ordinance No. 558-2005 are hereby approved and adopted
by reference. Any amendments to the Rules and Regulations may be adopted
by the Borough Council either by ordinance or resolution.
[2000 Code § 3:2-1]
The Borough of Avalon Environmental Commission is herewith established
pursuant to N.J.S.A. 40:56A-1. The purpose of the Commission shall
be the protection, development or use of natural resources, including
water resources, within the Borough.
[2000 Code § 3:2-2; amended 4-27-2022 by Ord. No. 838-2022]
a.
There
shall be an Environmental Commission which shall consist of not less
than five nor more than seven members appointed by the Mayor, one
of whom shall be a member of the Planning Board and all of whom shall
be residents of the Borough. The members of the Commission shall serve
without compensation except as hereinafter provided. The Mayor shall
designate one of the members to serve as Chairman of the Commission.
The Commissioners shall be appointed for terms of three years and
until the appointment and qualification of their successors. The Mayor
or Borough Council may remove any members of the Commission for cause,
on written charges served on the member and after a hearing thereon
at which the member shall be entitled to be heard in person or by
counsel. A vacancy of the Commission occurring other than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
b.
Alternate
Members.
1.
In addition
to the regular members, the Mayor may appoint not more than two alternate
members. Alternate members shall be designated at the time of appointment
as "Alternate No. 1" and "Alternate No. 2."
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 term 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 for
the unexpired term only.
3.
An alternate
member shall not be permitted to act on any matter in which he/she
has either directly or indirectly any personal or financial interest.
An alternate member may, after public hearing if he/she requests one,
be removed by the governing body for cause.
4.
An alternate
member may participate in discussions of the proceedings but may not
vote except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote
instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, Alternate No. 1 shall
vote first.
[2000 Code § 3:2-3]
The Environmental Commission shall have the power to conduct
research in the use or possible use of 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. The Commission shall keep an Environmental
Resource Inventory of all open areas, publicly and privately owned,
including open marshlands, swamps and other wetlands, in order to
obtain information on the proper use of such areas and may from time
to time recommend to the Planning Board plans and programs for inclusion
in a Municipal Master Plan and the development and use of such areas.
The Environmental Commission may, subject to the approval of
the Borough Council acquire property, both real and personal, in the
name of the Borough by gift, purchase, grant, bequest, devised or
lease for any of its purposes and shall administer the same for such
purposes subject to the terms and conveyance or gift. Such 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 spaces and other land and water areas in the Borough.
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report to the Borough Council.
[2000 Code § 3:2-4]
The Borough Council shall annually appropriate funds for the
expenses of the Commission in an amount of which the Council shall
be the sole judge. The Commission may appoint such clerks and other
employees as it may require and shall be within the limits of funds
appropriated to it.
[2000 Code § 3:2-5]
The Environmental Commission is specifically prohibited from
consenting to the sale or transfer of any lands dedicated and use
for park, beach, recreation or open spaces purposes.
The Commission may do all acts reasonably necessary to effectuate
the purpose of this section.
