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Borough of Midland Park, NJ
Bergen County
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Table of Contents
Table of Contents
[1]
Editor's Note: For Shade Tree Advisory Committee established by Ordinance No. 5-99, see Chapter 18, § 18-2.
[Ord. #455; 1973 Code § 20-1]
The Board of Health of the Borough shall consist of five (5) members, who shall be residents and legal voters within the Borough.
[Ord. #455; 1973 Code § 20-2]
The members of the Board shall be nominated by the Mayor and appointed by him with the advice and consent of the Council.
[Ord. #455; 1973 Code § 20-3]
The terms of office of members of the Board shall be four (4) years, and such terms shall commence on January 1 of each year subsequent to the vacancy of any position on the Board by the expiration of a member's term of office.
[Ord. #455; 1973 Code § 20-4]
If any vacancy occurs in the membership of the Board, such vacancy shall be filled for the unexpired term only by nomination and appointment in the manner provided in Subsection 2-17.2.
[Ord. #725; 1973 Code § 22-1]
There is hereby established an Historic Sites Committee for the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value or interest within the Borough.
[Ord. #725; 1973 Code § 22-2]
As used in this section:
ALTERATION
Shall mean any act defined as an alteration by the Uniform Construction Code of the State of New Jersey.
COMMITTEE
Shall mean the Historic Sites Committee.
EXTERIOR ARCHITECTURAL FEATURE
Shall mean the architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by the exterior surfaces, including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs and other features appurtenant to such improvements.
HISTORIC DISTRICT
Shall mean any area which:
a. 
Contains improvements which:
1. 
Have a special character or special historic or aesthetic interest or value.
2. 
Represent one (1) or more periods of styles in architecture typical of one (1) or more eras in the history of the Borough, State or Nation.
3. 
Cause such area by reason of such features to constitute a distinct section of the Borough.
b. 
Has been designated as an historic district pursuant to the provisions of this section.
HISTORIC LANDMARK
Shall mean any improvement, any part of which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Borough, State or Nation and which has been designated as an historical landmark pursuant to the provisions of this section.
HISTORIC LANDMARK SITE
Shall mean any parcel or part thereof on which a landmark is situated and has been designated an historic landmark site pursuant to the provisions of this section.
IMPROVEMENT
Shall mean any building, structure, place, work of art or other object constituting a physical betterment of the real property on which same is situate, or any part of such betterment.
ORDINARY MAINTENANCE AND REPAIRS
Shall mean replacement of any part of an improvement for which a permit issued by the Construction Official is not required by law, where the purpose and effect of such work or replacement is to correct any deteriorations, decay or damage to such improvements or any part thereof and to restore same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.
OWNER
Shall mean any person or persons having such right to, title to or interest in any improvement so as to be legally entitled, upon obtaining the required permits and approvals from the Borough agencies having jurisdiction over building construction, to perform with respect to such property any alteration, construction, restoration or demolition.
[Ord. #725; 1973 Code § 22-3; New]
a. 
The Committee shall consist of seven (7) members who shall serve without compensation and who shall be appointed by the Mayor with the advice and consent of the Council. All Committee members shall be residents of the Borough. The Committee shall elect from its membership a Chairman to serve as presiding officer of the Committee.
b. 
The terms of office of Committee members shall be for three (3) years each, to expire on December 31 of the last year of such succeeding member's term and upon the appointment and qualification of such member's successor.
c. 
The Mayor and Council may remove any member of the Committee for cause or written charges served upon such member and after a hearing thereon, at which hearing the member shall be entitled to be heard in person or by counsel. A vacancy on such Committee occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as an original appointment.
d. 
The Committee shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. A copy of all such material shall be delivered promptly to the Borough Clerk. All such material shall be public record. All meetings shall be open to the public, and notice of meetings shall be posted in the Town Hall forty-eight (48) hours in advance; provided, however, that emergency meetings may be held without prior notice. No Committee member shall vote or participate in any meeting concerning any matter in which he has a direct or indirect personal interest, monetary or otherwise.
[Ord. #725; 1973 Code § 22-4; New]
a. 
General. To ensure the goal of fostering civic pride in the beautiful and noble accomplishments of the significant past, the Committee shall safeguard the Borough's historic, aesthetic and cultural heritage through the establishment of reasonable rules and regulations for the alteration, construction, restoration or demolition of historic landmark sites, historic districts or improvements therein. The Committee shall endeavor to obtain the cooperation of owners and Federal, State and local governmental authorities, for the preservation of such historic landmark sites, historic districts or improvements therein and may recommend to appropriate governmental authorities, when it is deemed necessary in the public interest, the institution of actions or proceedings to preserve same and to correct or abate all violations of laws relating thereto.
b. 
Scope of the Committee's Powers. Nothing contained in this section shall be construed as authorizing the Committee in acting with respect to any historic landmark site, historic district or improvements therein, or in adopting regulations in relation thereto:
1. 
To regulate or limit the height and bulk of buildings.
2. 
To regulate or supervise the ordinary maintenance and repair of the exterior of a building or those changes which control the interior arrangement of the building without affecting the design, material or outward appearance of same.
3. 
To regulate the area of yards, courts or other open spaces, the density of population or the location of trades, industries or buildings designed for specific uses.
4. 
To prevent the issuance of a permit by the Construction Official for the alteration, construction, restoration, demolition or other work of a temporary or permanent nature, with regard to any building or part of a building if such work is required to be commenced immediately in the interest of public safety in the discretion of the Construction Official.
5. 
To act with respect to any building permit issued by the Construction Official for any building or site prior to the designation of same as a historic landmark or historic landmark site, or the inclusion of same in an historic district.
c. 
Designation of Historic Landmarks, Historic Landmark Sites and Historic Districts.
1. 
Based on its own surveys and upon the recommendation of concerned citizens, the Committee shall identify historic landmarks, historic landmark sites and historic districts within the Borough which are worthy of preservation because of their historical, cultural, social or architectural significance in that they possess integrity of location, design, setting, materials workmanship and:
(a) 
Are associated with events that have made a significant contribution to the history of the Borough, State or Nation;
(b) 
Are associated with the lives of persons significant in our past;
(c) 
Embody the distinctive characteristics of a type, period or method of construction, represent the work of a master, or possess high artistic values; or
(d) 
Have yielded, or may be likely to yield, information important in prehistory or history.
2. 
The Committee shall thereafter notify each owner by certified mail that his property has been tentatively designated an historic landmark, advise him of the significance and consequence of same and of his right to challenge such designation. The Committee shall as soon thereafter as practicable hold a public hearing at which all interested persons shall be entitled to present their opinions, suggestions and objections. It shall, however, invite each owner to voluntarily consent to final designation without the need for public hearing or other procedure.
3. 
After full consideration of the evidence brought forth at the public hearing held on any such tentative designation, the Committee shall make its final decision and shall issue its final report to the public stating reasons in support of its actions with respect to each historical landmark, historical landmark site and historic district designation.
4. 
Such final report shall be submitted to the Borough Clerk. The Mayor and Council shall then approve or disapprove of the designations, informing the Committee of any and all objections.
5. 
Following approval by the Mayor and Council, certificates of designation shall be served upon the owner of the site so designated, and a true copy thereof shall be filed with the Tax Collector and the Tax Assessor who shall maintain a record of all historic designations in the tax rolls. The Municipal Assessment Search Officer shall indicate the historic designations upon all searches issued by him regarding designated properties. Notice of the designation shall also be made to the office of the Construction Official.
d. 
Preservation of Landmarks; Controls.
1. 
Upon receipt of an application for a permit to perform any alteration, construction, restoration or demolition upon any property located within an historic district or designated an historic landmark or historic landmark site, the Construction Official shall refer the application to the Committee for its review.
2. 
Within thirty (30) days after receiving a copy of the application, the Committee shall determine:
(a) 
Whether the proposed work would change, destroy or adversely affect any exterior architectural feature of the historic landmark, historic landmark site or historic district.
(b) 
In the case of a proposed construction of a new improvement, or additional improvement upon a landmark site, whether such construction would affect adversely the external appearance of existing landmark improvements on the site in question or on neighboring sites.
3. 
The Committee shall consider in addition to any pertinent matters the factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture and material. Within the thirty (30) day period, the Committee shall invite the applicant to discuss the proposed alteration and may convene a public hearing on the subject. If the Committee determines either of the foregoing questions in the negative, it shall forward a certificate of appropriateness to the Construction Official, which certificate shall be sufficient authority for the issuance of the permit applied for originally. If after thirty (30) days the Committee has made no report to the Construction Official, a permit shall be issued pending approval of the application by the Construction Official.
4. 
Should the Committee conclude that the proposed alteration would have a significant effect detrimental to the importance of the historic landmark, historic landmark site or historic district in question, an official notice of postponement shall be submitted to the Construction Official which shall operate to bar the issuance of the permit for a period not to exceed six (6) months. Reasons for postponing for a specified time within a six (6) month limit shall be forwarded with the official notice.
5. 
During the postponement period, the Committee shall explore all possible means of preserving, to the greatest extent possible, the historic landmark, historic landmark site or historic district in question, including, but not limited to: negotiations with the owner toward voluntary compromise as to the manner of alteration or renovation; convening public hearings designed to elicit public opinion concerning the merits and alternate means of preservation of the landmark in question; instigation of condemnation action by the Borough or State government; and exploration and solicitation of any tax or other fiscal benefits having the potential to relieve the owner of any unreasonable financial burdens resulting from his inability to do the work proposed.
6. 
Upon resolution of the factors underlying the notice of postponement, a notice to proceed shall issue from the Committee to the Construction Official specifying the terms of the resolution or compromise reached between the Committee and the owner.
7. 
Upon receipt of the notice to proceed, the Construction Official shall issue an appropriate permit sufficient to authorize the alteration or construction as described in such notice.
8. 
If, at the expiration of the period of postponement, no resolution or compromise agreement is reached and no action has been taken by the Borough or State toward condemnation of the property in question, a permit authorizing the alteration or construction work as originally applied for shall be issued by the Construction Official without the need for further Committee action.
e. 
Decertification by Committee. In the event that the owner of any property located within a designated historic district or designated an historic landmark or historic landmark site abandons such property or fails to maintain it, the Committee in its discretion may decertify its designation. Following such action, a notice of decertification shall be served upon the owner of the site so affected or shall be posted at the site in the event of abandonment. A true copy thereof shall be also filed in the office of the Construction Official and with the County Clerk for recordation.
[Ord. #725; 1973 Code § 22-5]
The Mayor and Council shall annually appropriate funds, within budget limitations, for the operation of the Committee. The Committee shall endeavor to avail itself of financial assistance from Federal, State or private sources.
[Ord. #10-96, § 1]
There is hereby created a Recreation Advisory Council in the Borough of Midland Park. The Recreation Advisory Council shall have as its purpose the providing of leisure activities, in many different forms, for Borough residents of all ages. Such activities may include, but are not limited to, athletics and related physical activity programs, social functions and cultural events.
[Ord. #10-96, § 2; amended 2-14-2019 by Ord. No. 01-19; 2-23-2023 by Ord. No. 08-2023]
The Recreation Advisory Council shall consist of seven (7) members and one (1) alternate member, all of whom shall be required to be residents and duly registered voters in the Borough of Midland Park. Appointments to the Council shall be made by the Mayor with the advice and consent of the Borough Council. The term of the members shall be three (3) years and alternates shall be one (1) year. In the event a vacancy occurs on the Council, the term shall be filled for the unexpired term in the same manner as the original appointment.
[Ord. #10-96, § 3]
a. 
The Recreation Advisory Council shall annually elect a chairman and such other officers as the Recreation Advisory Council may deem necessary.
b. 
The Recreation Advisory Council may adopt bylaws for its administration and establish rules and regulations for its activities, provided however, that such bylaws, rules and regulations shall be subject to the approval of the Mayor and Borough Council.
[Ord. #10-96, § 4]
a. 
The Recreation Advisory Council shall advise the Director of Recreation in the coordination of recreation programs, the development of new initiatives, and the management of existing programs.
b. 
The Recreation Advisory Council shall advise the director in the preparation of the annual budget for the recreation department.
c. 
The Recreation Advisory Council shall maintain communication with recreational quasi-municipal organizations in order to coordinate the use of facilities and establish consistent policies and cooperation among the various groups.
1. 
The Recreation Advisory Council shall require all quasi-municipal organizations to provide monthly bank statements of all accounts in order to maintain insurance coverage and field usage for their organization.
[Added 11-12-2020 by Ord. No. 12-20]
d. 
The Recreation Advisory Council shall develop guidelines for the recreational use of playgrounds and recreational facilities in the Borough consistent with rules governing the use thereof as may be adopted from time to time by the Mayor and Council.
e. 
The Recreation Advisory Council shall encourage and plan special entertainment activities for all the citizens of the Borough throughout the year.
f. 
The Recreation Advisory Council shall advise the Mayor and Borough Council of any opportunities or needs that must be addressed the area of recreation.
g. 
The Recreation Advisory Council shall maintain communication with other municipal bodies such as the library and the schools to minimize duplication of efforts and to foster joint programs.
[Ord. #10-96, § 5]
a. 
The Recreation Advisory Council may make recommendations to the Mayor and Borough Council as to the establishment of any new staff positions it deems necessary for the successful operation of the Borough's recreational program. The responsibility for the hiring of such employees shall be vested with the Mayor and Borough Council and any such employees shall be under the immediate supervision of the Director of Recreation, who in turn, shall be under the supervision of the Borough Administrator.
b. 
On or before November 15th of each year, the Recreation Advisory Council shall prepare and submit to the Borough Administrator a proposed budget for the Borough's recreation program. Prior thereto, the Recreation Advisory Council shall obtain and review budget requests from each of the various recreational program organizations which shall be used in the budget preparation process. The budgetary requests from the various recreational organizations shall also be submitted to the Borough Administrator for the purpose of substantiating the Recreation Advisory Council's suggested budget.
c. 
The Recreation Advisory Council shall also study such matters as may be referred to it by the Mayor and Borough Council and shall report its findings and conclusions thereon, in writing, to the Mayor and Borough Council as soon as reasonably possible.
[Added 9-24-2020 by Ord. No. 11-20]
The purpose and intent of this section is to make available to the Borough Council and staff additional expertise relative to the monitoring, assessing and strengthening of existing economic development strategies and to develop new strategies of economic development for the Borough by establishing an Economic Development Committee consisting of representatives from various professional disciplines. The Economic Development Committee herein created shall not supplant administrative input to the Borough Council by staff, but shall complement staff input through the utilization and application of the special expertise possessed by its members.
a. 
There is hereby created within the Borough of Midland Park an Economic Development Committee composed of eight members appointed by the Borough Council. The Mayor and a member of the Borough Council will serve on this Committee. The remaining six members will serve staggered three-year terms which will be defined as follows:
1. 
Two members will serve a one-year term.
2. 
Two members will serve a two-year term.
3. 
Two members will serve a three-year term.
b. 
In making appointments to the Committee, the Borough Council shall strive to appoint individuals with multiple skills and with experience and expertise from various disciplines and backgrounds.
The removal of a member of the Economic Development Committee shall be made by the Mayor and Council after receiving a recommendation of removal from the Economic Development Committee.
The Committee shall hold quarterly meetings each year unless canceled by the Chairperson as a result of having no business or for other good cause.
a. 
The Economic Development Committee shall perform the following functions:
1. 
Assist staff with the formulation of economic development goals for the city in a structured framework.
2. 
Assess existing economic development policies for the purpose of recommending such modifications as may be appropriate to achieve the economic goals approved by the Mayor and Council.
3. 
Assist with the formulation of new economic development strategies and policies for the purpose of assuring achievement of the economic development goals approved by the city council.
b. 
In addition to the broad major functions outlined above, the Economic Development Committee shall, consistent with established Borough policy:
1. 
Prepare and submit recommendations to staff and Council on a broad range of matters generally related to economic development.
2. 
Assist in the development of plans and programs for the purpose of retaining and enhancing the existing commercial and industrial base of the Borough.
3. 
Assist in the development of strategies and programs to strengthen the concept of the public/private development partnership.
4. 
Review and advise the Borough Council on the relative merits of individual economic development proposals.
5. 
Convene, when necessary, to greet potential commercial and industrial business owners and serve as a central body for the dissemination of economic development information relating to availability of land, financial tools and resources and other factors relating to successful commercial and economic development.
6. 
Perform such other duties and provide such additional information, assistance and advice to the Borough Council as the Borough Council may request or direct.