[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:
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.
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.
Shall mean an item having completed the manufacturing or
converting process and having been distributed or sold to its consumer.
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.
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.
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.
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.
Shall mean the department or agency responsible for executing
contracts for the supply of goods and services.
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.
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]
[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.
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.
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:
[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:
[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.
[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:
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.
|
