[Ord. #92-52 Preamble]
Governor Florio's Emergency Solid Waste Assessment Task Force has determined that the policy reduce, reuse and recycle is the preferable means of handling our solid waste stream; and Federal, State and local government purchases represent approximately twenty (20%) percent of the Gross National Product and can therefore have a significant effect on the market for recycled products. Government purchases can influence private purchases through leadership by example and use of government standards and specifications, and local purchases or recycled products can help create markets for recycled products being collected by the municipality. Increased demand for recycled products by government purchasing agents can produce a leveraging effect needed to increase volume, which is necessary to lower the price for such products.
Woodbridge Township establishes a policy to buy recycled products and reduce waste by establishing policies, procedures and programs to encourage the reduction of waste, and increase the procurement of reusable products, recycled products and recyclable products by all departments and contractions.
Woodbridge Township finds it desirable to adopt a procurement policy promoting the use of reusable products, recycled products, and recyclable products by all departments, agencies, offices, boards, commissions, contractors, or any other subdivision of government, thereby increasing the demand for these products and helping to expand markets for materials that have been diverted from the solid waste stream.
[Ord. #92-52 § 1]
This section shall be known as the "Recycled Product Procurement Policy." Its purpose is to promote the reduction of waste, and development or markets for recycled products and recyclable products by establishing preferential purchase programs applicable to all departments and contractors, thereby diverting materials from the solid waste stream and avoiding the costs of disposal for those materials.
[Ord. #92-52 § 2]
As used in this section:
CONSUMER
Shall mean one who uses goods or services for his/her/its own needs rather than to produce other goods. This does not include providers of value-added processes such as printers and converters.
DESIGNATED RECYCLED PRODUCT
Shall mean a product designated in this section, or designated by the Purchasing Agency pursuant to this section, that meets or surpasses the Resource Conservation and Recovery Act (RCRA) minimum recycled content standards and other criteria for qualifications as specified in this section.
END-PRODUCT
Shall mean an item having completed the manufacturing or converting process and having been distributed or sold to its consumer.
MINIMUM RECYCLED CONTENT STANDARDS
Shall mean standards that specify the minimum levels of preconsumer waste material and postconsumer waste material content established pursuant to Subsection 2-91.7 that is necessary for designated products to qualify as designated recycled products.
NON-CHLORINE BLEACHED PAPER PRODUCTS
Shall mean paper products for which the manufacturer certified that elemental chlorine or chlorine containing compounds have not been used to bleach or otherwise process the paper used in the final end product. In the case of manufacturers who use pre-consumer waste material and post-consumer waste material to be used in end products, such manufacturers shall certify that chlorine containing compounds have not been used in the processing and production of the end product.
POST-CONSUMER WASTE MATERIAL
Shall mean only those materials generated by a consumer which have served their intended end use, and which have been separated or diverted from solid waste. Wastes generated during production of an end-product are excluded. All materials collected from residential sources in a municipal recycling program shall be considered post-consumer.
PRE-CONSUMER WASTE MATERIAL
Shall mean material or by-products generated after manufacturing of a product is completed, but before the product reaches the end-use consumer. Pre-consumer waste material does not include home scrap, which is those scrap materials or by-products generated by a company that can be used by the generating company or parent company.
PURCHASING AGENCY
Shall mean the department or agency responsible for executing contracts for the supply of goods and services.
RECYCLABLE PRODUCT
Shall mean a product which, after its intended end use, twenty-five (25%) percent of the product has been diverted from the solid waste stream for use as a raw material in the manufacture of another consumer or procurable product. For the purposes of this definition, burning or composting of products shall not be considered diversion.
REUSABLE PACKAGING OR PRODUCT
Shall mean a package, product or container, which can be used in place of an alternative disposable package or product, and which contains or holds a depletable resource of which can be refurbished for resale, and can be refilled or reused a minimum of five (5) times by a consumer. Examples include, but are not limited to, laser and copy machine toner cartridges, typewriter cartridges and shipping containers.
[Ord. #92-52 § 3]
The following products shall be considered as designated recycled products that can be procured if they meet the minimum recycled content standards:
a. 
Recycled paper and paper products. (including, but not limited to: writing and copying paper, napkins, towels, toilet tissue and facial tissue);
b. 
Compost products;
c. 
Cement and asphalt concrete containing recycled aggregate, tire rubber or glass cullet;
d. 
Recycled concrete aggregate and asphalt;
e. 
Recycled antifreeze with Lab approval;
f. 
Retreaded and remolded tires;
g. 
Products made from recycled tire rubber, including rubber mats and playfield surfaces;
h. 
Building insulation products manufactured using recycled materials;
i. 
Recycled paint;
j. 
Recharged laser printer toner cartridges;
k. 
Reusable products or products in reusable packaging where the reusable products or packaging are alternatives to disposable products or packaging;
l. 
Lead acid batteries or rechargeable, reusable batteries.
[Ord. #92-52 § 4]
a. 
All Departments shall practice waste reduction wherever possible. All Departments shall use reusable products and recycled products or recyclable products whenever practicable.
b. 
Departments may, at their option, require procurement of designated reusable, or recycled and recyclable products.
c. 
Departments shall promote the use of recycled products and recyclable products by publicizing its procurement program and by disseminating information about recycled products.
d. 
When purchasing recycled products all Departments shall maximize the procurement of recycled products that contain the highest percentage of postconsumer waste materials.
e. 
The Purchasing Agency shall revise product procurement specifications to eliminate any specifications that require that use of virgin products or exclude the use of recycled products, unless it can be demonstrated that such specifications are necessary to protect health, or safety or that recycled products could not meet necessary performance standards.
[Ord. #92-52 § 5]
a. 
Township Departments shall buy recycled paper whenever it can be procured within ten (10%) percent of the cost of a comparable virgin product, except for uses where recycled paper is specifically required by this section or by user Departments.
b. 
The recycled paper procurement goal for each user Department, expressed as a percentage of the total value of paper purchased, shall be: not less than thirty (30%) percent by 1993, not less than forty (40%) percent by 1994, and not less than sixty (60%) percent by 1995.
c. 
The Purchasing Agency and Departments shall ensure that the title page of all reports printed on recycled paper bears an imprint identifying the paper as recycled, and contains the percentage or pre- and post-consumer content used.
d. 
All imprinted letterhead paper, copy paper, envelopes and business cards used by all Departments shall be recycled paper, and shall bear an imprint identifying the paper as recycled.
e. 
The municipality's Purchasing Agency shall review existing standards or specifications for tissue products, including but not limited to, towels, toilet paper and napkins, and coffee filters. The agency shall only purchase non-chlorine bleached tissue products provided such products fall within the preference established by the Purchasing Agency.
[Ord. #92-52 § 6]
The Purchasing Agency shall:
a. 
Establish, update, and promulgate a list of designated recycled products that shall be purchased by the City whenever practicable. This list shall, at a minimum, contain the products specified in Subsection 2-91.3 of section. The Purchase Agency may add to the list required by this subsection designated recycled products that are not specifically listed in Subsection 2-91.4. For the purposes of this subsection "Whenever practicable" means that the lowest priced recycled or reusable good can be procured within ten (10%) percent of the cost of a comparable virgin product.
b. 
Adopt minimum recycled content standards for designated recycled products. Except for reusable products or packaging, minimum recycled content standards established for designated recycled products shall require not less than ten (10%) percent postconsumer waste material content. The Purchasing Agency may raise the postconsumer content above ten (10%) percent when such an increase will result in an increase in the total utilization of postconsumer material within the products purchased, used or submitted. For goods, supplies, and materials and for which the United States Environmental Protection Agency had adopted procurement guidelines under the Re-source Conservation and Recovery Act of 1976 (P.L. 94-580, 42 U.S.C. 6901 et seq. 40 CFR Parts 248-250, 252, 253) as amended, the minimum recycled content standard may not be less than content standards specified in such guidelines. EPA guidelines for the purpose of procuring fly ash in concrete are specifically limited to the ash generated from coal burning plants. In the case of printing and writing paper, the Purchasing Agent shall set minimum recycled content standards with not less than fifty (50%) percent of the paper's total weight consisting of preconsumer waste materials or postconsumer waste materials and with not less than ten (10%) percent of its total weight consisting of postconsumer waste material.
[Ord. #92-52 § 7]
a. 
Designate a staff member as coordinator who shall:
1. 
Coordinate development and implementation or price-preference procedures. Price preferences shall be evaluated every two (2) years to determine their effectiveness at allowing local governments to procure increasing levels of recycled goods.
2. 
Copiers procured after enactment of this ordinance must be able to accept recycled paper and reusable toner cartridges, and make double-sided copies.
3. 
Inform Departments of their responsibilities under this section and provide implementation assistance.
4. 
Compile and disseminate to Departments information on recycled product specifications and procurement opportunities.
5. 
Assist Departments in resolving problems with recycled product availability or performance.
6. 
Coordinate periodic meetings with representatives of Departments to review policy requirements, communicate new procurement opportunities to Departments and monitor the status of police implementation efforts and product research results.
7. 
Publicize the successes of the procurement policy.
8. 
Evaluate supply and material usage by the Department and encourage Department employees to reduce waste and hence reduce generation of solid waste; and
9. 
Submit an annual report to the Municipal Council reflecting the implementation status of the procurement program within sixty (60) days following the end of each calendar year, including:
b. 
Evaluation of minimum recycled content standards and procurement specifications including specification revisions made over the previous year and future specification revisions to be made;
c. 
A summary of program promotional efforts;
d. 
An assessment of the effectiveness of the procurement plans and opportunities;
e. 
Recommendations for changes in procurement policy.
[Ord. #92-52 § 8]
All products excluding office supplies and material shall be accompanied by a certificate of product liability from the manufacturer.
[Ord. #92-52 § 9]
a. 
Nothing contained in this section shall preclude user Departments from requiring recycled material content as a bid specification.
b. 
Nothing in this section shall be construed as requiring a Department or Contractor to procure products that do not perform for their intended use.
[Ord. #94-93 Preamble]
The Municipal Council has been made aware of instances throughout the Township during which emergencies have arisen without the appropriate emergency response group being dispatched to the scene of the emergency initially; and as an example, there have been fires which have been reported through central dispatching for which the Police Department was notified initially and then the Fire Department notified subsequently. The Municipal Council has determined that it is best in order to protect the health and safety of the public citizenry that a regulation should be put in place to delineate specifically the priority of the dispatching of the emergency response groups throughout the Township.
[Ord. #94-93 §§ 1, 2; Ord. #98-49 § 1]
a. 
It is hereby acknowledged that there are four (4) general emergency response groups responsible to respond to emergencies which may occur throughout the Township, as follows:
1. 
Woodbridge Township Fire Districts, as delineated in Article XI, entitled "Fire Prevention," of the Revised Ordinances of the Township of Woodbridge.
2. 
Department of Police, as delineated in Article XI, Chapter 2, entitled "Department of Police," of the Revised Ordinances of the Township of Woodbridge.
3. 
The respective First Aid Squads located throughout the Township of Woodbridge, as delineated in Township Ordinance No. 91-75, entitled "Establishment of First Aid Districts and Adoption of an Official Map Delineating Same," adopted December 3, 1991.
4. 
Woodbridge Township Hazardous Materials Emergency Response Unit.
b. 
It is recognized that emergencies throughout the Township generally arise in the four (4) following categories:
1. 
Police.
2. 
Fire.
3. 
First Aid.
4. 
Hazardous Materials and Confined Space Rescue.
c. 
It is hereby specifically mandated that the first response to any emergency telephoned into the Township-wide emergency dispatch facility be afforded as follows:
1. 
All fire related emergencies must be dispatched initially to the respective fire district in the locale of the emergency.
2. 
All first aid emergencies where there is no indication of a fire or a need for police intervention should be dispatched to the respective first aid squad in the locale of the emergency.
3. 
For all hazardous materials and confined space rescue incidents, notify the Woodbridge Township Hazardous Materials Response Unit or Middlesex County Hazardous Materials Response Unit respectively, after notifying the proper fire district in the locale of the emergency.
4. 
All other emergencies should be dispatched initially to Woodbridge Police Department.
[Ord. #94-93; Ord. #98-49 § 1]
The Municipal Council recognizes that although it has specifically delineated the first response obligations above, there will be occasions when any one (1), two (2), three (3) or a combination of all four (4) of the above mentioned emergency response groups will need to be dispatched to any single emergency at any one time within the Township. It is, therefore, the Council's express intention that the Township maintain this practice in the interest of health and safety of the public citizenry where appropriate.
[Ord. #94-93]
In the event any individual or organization is aggrieved under the terms of this section, the party or organization shall submit the matter to the Chief of Police who shall thoroughly investigate the matter and take appropriate action, if necessary, to address and resolve the matter; provided, however, that the Chief of Police shall not have jurisdiction in connection with disputes between the Fire Department and First Aid Squad.
[Ord. #92-12 Preamble]
N.J.S.A. 40A:4-3.1, et seq., permits municipalities to change the fiscal year to the State fiscal year; namely, the period beginning on July 1 and ending on June 30; and the State Division of Local Government Services recommends that municipalities with populations over thirty-five thousand (35,000) adopt a State fiscal year. Such change would permit improved budgeting practices, ease cash flow problems, address emergencies, address current emergent situations and allow a budget with the same fiscal year as utilized by the Board of Education and the State of New Jersey. It has been determined that it is in the best interest of the Township of Woodbridge to change its fiscal year to the State fiscal year as defined in N.J.S.A. 40A:1-1.
[Ord. #92-12 §§ 1—3]
Pursuant to the Local Budget Law, N.J.S.A. 40A:4-1, et seq., the fiscal year of the Township of Woodbridge is changed to the State fiscal year; namely July 1 to June 30.
a. 
The procedures governing such change in the fiscal year and the adoption of the municipal budget shall conform to the provisions of N.J.S.A. 40A:4-1, et seq. and the regulations promulgated by the Division of Local Government Services in the Department of Community Affairs.
b. 
A copy of this section upon adoption shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs.
[Ord. # 04-40 § 1; Ord. # 14-02]
a. 
Any other provision of law to the contrary notwithstanding, the Township, its purchasing agent or those of its independent authorities, as the case may be (collectively the "Township"), shall not enter into an agreement or otherwise contract to procure, through a non-fair and open process, any service which the Township would be permitted to procure on a "no bid" basis pursuant to N.J.S.A. 40A:11-5(l)(a)(i) and 40A:11-5(l)(m) (the "statute") from any professional business entity, if that entity has solicited on behalf of, or made any contribution of money, or pledged a contribution, including in-kind contributions, to a campaign committee of any Woodbridge Township municipal candidate or holder of the public office, who would have, or has, ultimate responsibility for the award of the contract within twelve (12) consecutive months immediately preceding the date of the award of the contract.
b. 
Any business entity receiving a contract pursuant to a non-fair and open process shall not knowingly solicit on behalf of, or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Woodbridge Township municipal candidate or holder of the public office or the Woodbridge Democratic or Republican Organizations, during the pendency of the contract.
c. 
For purposes of this section, a "professional business entity" shall include an individual, the individual's spouse, if any, and any child living at home; firm; corporation; professional corporation; partnership; organization; or association. The definition of a professional business entity includes all principals who own ten (10%) percent or more of the equity in the corporation or business trust, partners, and officers employed by the entity as well as any subsidiaries directly controlled by the business entity.
d. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
1. 
The Township of Woodbridge Council, if the contract requires approval or authorization from the Council.
2. 
The Mayor of Township of Woodbridge, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of contract is appointed by the Mayor.
[Ord. # 04-40 § 2]
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council, or municipal or County party committee or PAC referenced in this section shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.
Editor's Note: Ordinance No. 04-40, codified herein as § 2-94, was adopted September 7, 2004.
[Ord. # 04-40 § 3; Ord. # 14-02]
a. 
Prior to awarding any contract pursuant to a non-fair and open process permitted under the statute, the Township shall receive a sworn statement from the professional business entity made under penalty of perjury that it has not made a contribution in violation of Subsection 2-94.1 of this section.
b. 
The professional business entity shall have a continuing duty to report any violations of this section during the duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. # 04-40 § 4; Ord. # 14-02]
A professional business entity or Township candidate or officeholder may cure a violation of Subsection 2-94.1 of this ordinance if, within thirty (30) days after the general election, the professional business entity notifies the Township in writing and seeks and receives reimbursement of a contribution from the entity to whom the contribution was made.
[Ord. #04-40 § 5; Ord. # 14-02]
a. 
All Woodbridge Township agreements with Professional Business Entities shall provide that it shall be a material breach of the terms of the government contract for a professional business entity to violate, or to aid or abet a violation, of Subsection 2-94.1b and c or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b. 
Any professional business entity who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Township contracts for a period of forty-eight (48) months from the date on which the violation is finally determined.
[Ord. #06-22]
The purpose of this section is to foster open government and provide citizens with information concerning the various appointed volunteer municipal positions, which exist within Woodbridge Township. The section further provides for a procedure whereby a citizen can indicate his/her desire to serve in a particular volunteer appointed position.
[Ord. #06-22]
The following terms used in this section shall have the meanings set forth below unless the context within which the term is used clearly provides for a different meaning:
a. 
APPOINTING AUTHORITY — Shall mean the Mayor and/or Municipal Council, which by virtue of statutory law or by ordinance or resolution is given the authority to appoint a person to hold a particular appointed volunteer municipal position, or to consent upon said appointment.
b. 
APPOINTED VOLUNTEER MUNICIPAL POSITION — Shall mean any voluntary position appointed by the Appointing Authority within the Township of Woodbridge, (the "Township") which is created either by statutory law or by ordinance or resolution. Examples of such positions are members of any board, commission, or agency.
[Ord. #06-22]
The Municipal Clerk shall cause a register of appointed volunteer municipal positions to be prepared and maintained. Such register shall be made available on the Township website and shall be available for inspection in the Municipal Clerk's Office. The register shall set forth the following:
a. 
Title of each appointed position.
b. 
Brief description of the position and duties.
c. 
Any special credentials or qualifications required to hold the position if applicable.
d. 
Length of term for the position.
e. 
The name of the person, excluding minors, currently holding the position, the expiration date of his or her term, and the number of vacant seats on the Board or commission.
f. 
The dates, times and frequency of any meetings which the holder of the position must attend.
[Ord. #06-22]
The Municipal Clerk shall maintain a current listing of all existing vacancies for each appointed volunteer municipal position. Upon the occurrence of a vacancy, the Board or Commission Secretary shall notify the Municipal Clerk so that the vacancy may be posted on the Township website.
[Ord. #06-22]
Unless essential for the proper functioning and/or carrying on business of the agency upon which the vacancy has occurred, a vacancy which results from the resignation, non-reappointment, or inability to serve, of a person appointed to serve in an appointed volunteer municipal position a ("vacancy") shall not be filled for a period of thirty (30) days from its posting in order to provide for a review of the current register of interested citizens and to allow other interested parties time to submit an application.
[Ord. #06-22]
The Municipal Clerk shall maintain an application form to be completed by citizens interested in serving in an appointed volunteer municipal position. Such application shall, at a minimum, contain the following information:
a. 
Name.
b. 
Address.
c. 
Telephone number.
d. 
E-mail address (optional).
e. 
Appointed position sought.
f. 
Qualifications/experience for position.
g. 
Current occupation and employer (optional).
h. 
Signature.
[Ord. #06-22]
Any person interested in serving an appointed volunteer municipal position may file with the Municipal Clerk an application at any time or when a vacancy occurs. A person may withdraw his or her application at any time. All applications will be maintained in the register for two (2) years. All applications will be considered void after two (2) years unless renewed by the applicant in writing.
[Ord. #06-22]
Prior to filling any vacant appointed volunteer municipal position, the appropriate Appointing Authority shall review each application filed for the position. The Appointing Authority shall conduct such review, investigation, and/or interviews, as the Appointing Authority deems necessary in its discretion. Upon filling a vacant appointed volunteer municipal position, the name of the appointed person will be posted on the Township website.
[Ord. #06-22]
All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
[Ord. #06-22]
If any sentence, paragraph or subsection of this section, or the application thereof to any person, or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or subsection of this section shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of the section.
[Ord. #06-59 § 2-95.1; Ord. # 14-02]
a. 
No redevelopment entity designated by the Township Council excluding the Woodbridge Housing Authority (the "redevelopment entity"), shall enter into an agreement, amend an agreement, or otherwise contract with any redeveloper who is (i) not the owner of the property that is the subject of the redevelopment and (ii) is not selected through a fair and open process for the planning, replanning, construction or undertaking of any redevelopment project, pursuant to the Local Redevelopment and Housing Law, if that redeveloper has made any contribution of money or pledge of a contribution, including in-kind contributions, during the applicable time period as specified below, to a campaign committee of any candidate for Woodbridge Township municipal office or holder of municipal public office within the Township (at the time the contribution was made), or to any municipal party organization, or election committee (excluding election committees of nonmunicipal elected officials and candidates for nonmunicipal offices). For the purposes of this section, the "applicable time period" shall be twelve (12) months prior to being designated as a redeveloper, and continuing through the completion of the project. Completion of the project shall be deemed to occur when a certificate of completion is issued by the Township.
b. 
Any lease, purchase, swap or transfer of property rights of any municipal property, or portion thereof by the designated redevelopment entity, to the redeveloper as described above, shall be subject to the same restrictions set forth in Subsection 2-96.1a above.
c. 
All redevelopment agreements subject to the restriction under Subsection 2-96.1a above or amendments thereto entered into by a redevelopment entity shall contain a provision prohibiting redevelopers as defined in Subsection d from soliciting or making any contribution of money or pledge of a contribution including in-kind contributions, to any candidate for Woodbridge Township municipal officer or holder of municipal public office within the Township (at the time the contribution is made) to any Woodbridge Township political organization or municipal political campaign committee, from the execution of a redevelopment agreement and the completion of all matters specified in the redevelopment agreement. Any redeveloper making a contribution in contradiction of the herein required contract provision shall be in breach of the redevelopment agreement.
d. 
As defined in N.J.S.A. 40A:12A-3, (the "Act") a "redeveloper' means any person, firm, corporation partnership or limited liability company that shall enter into a contract with a Township or its designated redevelopment entity to complete the redevelopment project. For purposes of this ordinance the definition of a redeveloper includes an individual, including an individual's spouse, and any nonemancipated child living at the same address; firm; corporation; professional corporation; partnership; organization or association, parent company, including all principals who own ten (10%) percent or more of the equity in the corporation or business trust, partners and officers employed by the entity as well as any subsidiaries directly controlled by the redeveloper, and excluding sub-contractors or subsidiaries in which the redeveloper has a ten (10%) percent or more ownership interest.
[Ord. #06-59 § 2-95.2; Ord. # 14-02]
No contribution of money or any other thing of value, including in-kind contributions, made by a redeveloper to any of the candidates, office holders, or entities described in Subsection 2-96.1 shall be deemed a violation of this section nor shall an agreement for redevelopment projects of any kind whatsoever be disqualified thereby if that contribution or agreement was made by the redeveloper prior to the effective date of this section.
Editor's Note: Ordinance No. 06-59, codified herein as § 2-96 is effective May 1, 2007.
[Ord. #06-59 § 2-95.3]
a. 
It shall be the municipality's continuing responsibility to give notice of this section when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a resolution directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts the ordinance to implement the redevelopment plan.
b. 
Prior to arranging a redevelopment agreement being approved by the redevelopment entity or the Township with any redeveloper, the Township or redevelopment entity shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of this section. Furthermore, the redeveloper shall have a continuing duty to report any violations of this section that may occur during the pendency of the redevelopment agreement, and until all specified terms of the agreement have been completed.
[Ord. #06-59 § 2-95.6; Ord. # 14-02]
If a redeveloper inadvertently makes a contribution that would otherwise bar it from entering into a redevelopment contract under the terms of this section, or makes a contribution during the duration of a redevelopment contract in violation of this section, the redeveloper may notify the Municipal Council in writing of the contribution and request a full refund from the municipal candidate or municipal political party or election committee referenced in this section and, if such reimbursement is received by the redeveloper within thirty (30) days after the date on which the applicable ELEC report is published, the redeveloper would again be eligible to receive a redevelopment contract or would no longer be in violation of this section and/or the terms of the redevelopment contract, as appropriate.
[Ord. #06-59 § 2-95.6; Ord. # 14-02]
a. 
It shall be a breach of the redevelopment agreement for a redeveloper prohibited from making contributions pursuant to Subsection 2-96.1a to: (i) make or solicit a contribution for an entity described in Subsection 2-96.1a; (ii) knowingly conceal or misrepresent a contribution given or received; (iii) make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate of holder of the public office of Woodbridge Township; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the redeveloper itself, would subject that entity to the restrictions of this section; (vi) fund contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange of contributions to circumvent the intent of this section; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this section.
b. 
All redevelopment agreements and amendments thereto shall provide that the Township or it designated redevelopment entity shall have the authority to impose such fines and penalties, up to and including termination in the event of a breach of the redevelopment agreement.
c. 
Furthermore, any redeveloper who violates Subsection a(ii) through (viii) of section 2-95.5 above shall be disqualified from eligibility for future Woodbridge Township redevelopment agreements for a period of four (4) calendar years from the date of the violation.
[Ord. #06-89 § 2-95.7; Ord. # 14-02]
This section shall be effective May 1, 2007 (the "Effective Date").
[Ord. #06-59 § 2-95.8; Ord. # 14-02]
The provisions of this section shall be severable. In the event that any portion of this section is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the section actually adjudged invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.
[Ord. #06-59 § 2-95.9; Ord. # 14-02]
All other ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
[Ord. #07-26 § 1]
New Jersey has adopted the Open Public Records Act ("OPRA") to make government records more available to the public. OPRA permits the Township of Woodbridge to require the payment of fees, special service charges and/or special charges as a prerequisite to the production of records requiring extraordinary time and effort, special equipment or special formatting.
[Ord. #07-26 § 2; Ord. #10-09; Ord. #10-41]
Copies of records including those from the Municipal Clerk, Municipal Court, the Police Department and any other Municipal Departments may be purchased for the fee prescribed by law or regulation. If there is no law or regulation prescribing the fee, then it shall be the actual cost of duplicating the record. The actual cost of copies shall be calculated on at least an annual basis by the Municipal Clerk. The fee for copies shall be set forth on the official records request form adopted by the Township. In determining the actual cost, the Municipal Clerk shall consider all cost factors permitted by law. For the fiscal year 2010 — 2011, the actual cost of routine copies of letter-sized municipal documents shall be ten ($0.10) cents per page. For the fiscal year 2010 — 2011, the actual cost of routine copies of legal-sized municipal documents shall be fifteen ($0.15) cents per page. Nothing contained within this section shall prohibit the Municipal Clerk from adjusting the fee for copies at any time during the fiscal year to reflect the actual cost of copies at that time.
a. 
The cost for a copy of a recording of a Council Meeting in CD/DVD format shall be one ($1.00) dollar.
[Ord. #07-26 § 3]
Nothing in this section shall require the Township Clerk or any other municipal official to examine, analyze, tabulate or interpret documents which are subject to production under OPRA.
[Ord. #07-26 § 4]
a. 
Requests for documents under OPRA must be made in writing to the Township Clerk, also known as the custodian of records, on the Township's OPRA form. The requestor must identify all documents requested and not merely make an open-ended inquiry for information.
b. 
If the request for access to a government record would substantially disrupt municipal operations, the Township Clerk may deny access to the record after attempting to reach a reasonable solution with the requestor.
c. 
Applicable postage or facsimile charge shall be charged for any and all records requested by mail or by facsimile.
[Ord. #07-26 § 5; Ord. #07-81; Ord. #10-07]
a. 
Advance Notice of Fees, Special Service Charges and Special Charges; and Prepayment Required. The Township Clerk shall give advance notice of the amount of any special service charge or fee to the requestor before any work is started. The Township Clerk shall require prepayment of such charges before causing the work to begin. Cash, certified check or bank check shall be the only acceptable form of payment for any costs or estimated fees deposit over twenty-five ($25.00) dollars.
b. 
Duplication by Outside Vendor. Whenever the in-house municipal work force or available municipal equipment is insufficient to duplicate or produce government records in a timely fashion, the Township Clerk may contract with outside vendors for such services. If the cost of such duplication or production charged by such vendors exceeds the routine charges set forth in N.J.S.A. 47:1A-5, the Township shall charge the actual direct cost of same without any additional surcharge for labor.
c. 
Special Service Charge Authorized. Whenever government records cannot be reproduced by regular copying equipment or fulfillment of the request would involve extraordinary time and storage or substantive staff time is required to review, sort and assemble records, charges may be imposed as follows:
1. 
The actual cost (materials and supplies, but no staff labor) of duplication or reproduction; plus
2. 
A special service charge equal to the actual direct cost of labor incurred by the Township. The charge may include the reasonable costs attributable to the costs of supervision where participation by supervisory personnel is required to accommodate the request. The Township Clerk shall endeavor to utilize the least expensive means to accommodate a request.
3. 
In the event that the requestor of the documents objects to any charges permitted by this section and no resolution of the objection is reached, the Township Clerk shall not incur any charges on behalf of the Township of Woodbridge to fulfill the document request.
d. 
Rates for In-House Production of Prints or Blueprints. Reproductions costs for any documents larger than the standard legal size (8.5" x 14") shall be as follows:
1. 
Standardized Arch D Size Sheets (24" x 36") shall be three ($3.00) dollars.
2. 
Standardized Arch 30 Size Sheets (30" x 42") and Standardized Arch E Size Sheets (36" x 42") shall be five ($5.00) dollars.
3. 
Standardized (36" x 48") Full Color GIS Map shall be thirty ($30.00) dollars.
4. 
Any other sizes shall be based upon a cost of fifty ($0.50) cents per square foot and the size of the reproductive sheet.
e. 
Digital Records. If a request for governmental records involves production or conversion of digital or computerized records of film which is:
1. 
In a medium not routinely used by the agency (i.e., electronic or film);
2. 
Not routinely developed or maintained by an agency; or
3. 
Requiring a substantial amount of manipulation or programming of information technology.
The requester shall pay fees and special charges as follows:
(a) 
Actual costs (no overhead) to comply with the request; plus
(b) 
Any special service charges for the actual labor required to comply with the request.
f. 
Cost to Certify Documents. In addition to the copying costs, the requester shall pay ten ($10.00) dollars to certify any official record or document obtained from the Township or any of its Departments.
[Ord. #07-26 § 6]
The Mayor, Clerk or Township Council may waive the fees or other charges if the requester of governmental records is a governmental or educational entity.
[Ord. #07-26 § 7]
a. 
Except as set forth at paragraphs b and c hereof, this section shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Township Council by delivering it to the Municipal Clerk pursuant to N.J.S.A. 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the section pursuant to N.J.S.A. 40A:69A-41 applicable when the Mayor has failed to return the section, whichever occurs first.
b. 
If the Mayor vetoes the section (in the manner set forth at N.J.S.A. 40A:69A-41), this section shall become effective upon the Township Council's vote to override the Mayor's veto.
c. 
Notwithstanding any other provision hereof, this section shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two-thirds (2/3) of all the members of the Council vote in favor of such resolution.
Editor's Note: Ordinance No. 07-26, codified herein as § 2-97, was adopted April 24, 2007.