The form of government in the Township of Montgomery is the Township Form which comprises Chapter 142 to 156A in Title 40 of the New Jersey Revised Statutes. The Administrative Code has been drafted in conformity with the Township Law and in many instances, provisions of the Township Law have been restated in the Code. Other enabling laws pertaining to the Administrative Chapter are N.J.S.A. 40:47-1 et seq., Police and Fire Departments; N.J.S.A. 2A:8-1 et seq., Municipal Court; N.J.S.A. 40:55D-69, Zoning Board of Adjustment; N.J.S.A. 40:55D-1, Planning Board; N.J.S.A. 26:3-1 et seq., Board of Health; N.J.S.A. 40:48-1, Industrial Commission; N.J.S.A. 40:12-1, Recreation Committee; Environmental Commission, N.J.S.A. 40:48-2 and 40:55D-27. Other authority to regulate the internal affairs of the Township is contained in N.J.S.A. 40:48-2.
[New]
All legislative power of the Township, except as provided by law, shall be exercised by the Township Committee pursuant to law, and in matters of health by the Board of Health.
[New]
The Township Committee shall organize annually during the first week in January, at which time it shall elect a Mayor from among its members. The Mayor shall preside at meetings of the Township Committee and perform such other duties as the Township Committee may prescribe. In the absence or disability of the Mayor, the Deputy Mayor shall act as Mayor.
[New]
The Mayor shall have the power to appoint subcommittees of the Township Committee with the consent of the Township Committee. He shall sign and execute documents and agreements on behalf of the Township, when authorized. He shall have the power to make proclamations concerning holidays and events of interest in the Township. He shall exercise the ceremonial power of the Township and every other power usually exercised by township mayors or conferred upon him by law.
[New]
a. 
Regular Meetings. The Township Committee shall meet at such times and places as are from time to time, determined by the Township Committee all in accordance with the requirements of the Open Public Meetings Act.
b. 
Special Meetings. A special meeting may be called at any time upon written request of a majority of the members of the Township Committee or by the Mayor. The request and call for a special meeting shall specify the purpose of the meeting and no business shall be transacted at any special meeting other than that specified. The call for a special meeting shall be filed with the Township Clerk and shall be served upon each Committee member as provided by law and such other notice shall be given as provided by law.
[New]
Matters of procedure not covered in this Code or statute shall be governed by the By-Laws of the Committee as the same have been adopted or modified by resolution.
[New]
A majority of the whole number of members of the Township Committee shall constitute a quorum, and no ordinance shall be adopted by the Township Committee without the affirmative vote of a majority of the quorum of the Committee. If a quorum is not present one-half hour after the appointed time for any meeting, the presiding officer or the clerk may declare the meeting adjourned.
[New]
The Township Committee shall elect, from among its members, a Deputy Mayor. In the absence or disability of the Mayor, the Deputy Mayor shall have all of the powers and duties of the Mayor.
[Ord. #77-327, § 1; Ord. #77-331, S 1; Ord. #00-994, S 1; Ord. #03-1082, S2]
a. 
Office Created. The Office of Township Administrator is hereby reestablished and created for the Township.
b. 
Appointment; Term. The Township Administrator shall be appointed by a majority of the Township Committee based solely upon the basis of his or her executive administrative qualifications with special recognition to his or her actual experience in or actual knowledge of accepted practices in respect to the duties of this office. The Township Administrator shall hold office at the pleasure of the Township Committee.
c. 
Removal. The Township Administrator may be removed by a two-thirds vote of the Township Committee, as provided by law.
d. 
Full Time Commitment; Other Duties Allowed. The Township Administrator shall devote full time to the duties of the office, except that nothing herein shall prevent the Administrator from also holding any other appointive office and fulfilling the duties thereof.
e. 
Compensation. The Administrator shall receive such compensation as shall be prescribed by the salary ordinance of the Township.
f. 
Powers and Duties. The Township Administrator shall, under the supervision and control of the Township Committee, to the extent not prohibited by law:
1. 
Study, recommend and implement personnel policies of the Township. Have authority to inquire into the operation of any department, division, bureau, office, board or agency of the municipal government.
2. 
Study, recommend and implement administrative procedures and policies of the Township and its departments.
3. 
Study, recommend and implement procedures and policies of the Township and its departments for requisition, purchase, inspection, receipt, storage, distribution, internal transfer and disposal of, and standards and specifications and payment for, supplies, materials, and equipment.
4. 
Study, recommend and implement procedures and policy of the Township and its departments for receipt, dissemination, and responses to, communications and information.
5. 
Assign responsibility for departmental duties and coordinate interdepartmental operations. Recommend concerning the nature and location of public improvements and coordinate and expedite the execution of public improvements authorized by the Township Committee.
6. 
Study, recommend and implement the procedures and policy of the Township and its departments for the dissemination and release of public information.
7. 
Supervise and engage in Township purchasing activities in accordance with the provisions of subsection 2-2.6 of this Code and the Local Public Contracts Law.
8. 
See that all terms and conditions imposed in favor of the Township or its habitants in other statute, public utility franchise, regulation, or contract are faithfully kept and performed, and upon knowledge of any violation, call the same to the attention of the Township Committee.
9. 
Prepare and submit the proposed Township budget annually, as requested to Township Committee, appending thereto a detailed analysis of the various items of expenditure and revenue and such explanatory comments or statements as the Administrator may deem desirable.
10. 
Be responsible for all aspects of financial management including certification of bills for their correctness, sufficiency of funds therefor and proper documentation with respect to such bills.
11. 
Study, recommend and implement other financial procedures and policies of the Township and its departments.
12. 
Attend all meetings of the Township Committee, except when excused therefrom by the Committee with the right to participate in discussions but without the right to vote.
13. 
Keep the Township Committee currently informed of all matters within its jurisdiction by such reports as deemed advisable or as may be requested by the Administrator for the benefit of the Township Committee and the public.
14. 
The Administrator shall have the authority to develop a procedure for the hiring, disciplining and discharging Township employees except for employees or officers who are tenured or elected and, further, except for employees who are specifically hired by authority other than that of the Township Committee. The Administrator shall have the authority to employ, discipline, suspend or remove an employee, except as referred to above, for cause. Prior to taking action the Administrator shall report to the Township Committee of the intention to take any action referred to above including employing, disciplining, terminating, and suspending.
15. 
All Township departments, except those provided by law to be administered by authority other than that of the Township Committee, shall be responsible to the Administrator who shall supervise all appointed department heads. The Police Department shall not be under the direct supervisory authority of the Administrator. The Administrator shall, however, be responsible for financial review of the Department and all purchasing.
16. 
Perform such other duties as may be required by the Township Committee.
17. 
The Administrator shall, as a regular part of his duty and responsibility meet with the public, other local government units and agencies of the State for the purpose of transacting the business of the Township in accordance with policies as established by the Township Committee and perform such other duties as may be required by the Township Committee.
18. 
Nothing herein shall prevent the Township Administrator from being appointed as the Police Director and exercising the full authority of the position.
g. 
Limitation on Powers and Duties. Nothing herein shall derogate from or authorize the Administrator to exercise the powers and duties of the elected officials of the Township of Montgomery and of the boards and commissions thereof established pursuant to law.
[Ord. #175; New; Ord. #92-734, S 1]
a. 
Township Clerk Office Created, Continued and Confirmed. The office of Clerk of the Township, heretofore established by appointment of the Township Committee, is hereby created, continued and confirmed.
b. 
Appointment; Term; Vacancy. The Clerk shall be appointed by the governing body for a term of three years. For the purposes of tenure, the term of Township Clerk shall be deemed to have begun as of the actual date upon which a person serving as Township Clerk is appointed. In the event of a vacancy in the office of Township Clerk, an appointment shall be made for a new term and not for the unexpired term. A reappointment of an incumbent Township Clerk made within 60 days following the expiration of the prior term shall not be considered to be a new appointment and the effective date of the reappointment shall date back to the date of expiration of the initial term of the appointment. The governing body shall appoint a person to a three year term as Township Clerk within six months after the previous Township Clerk has resigned or the office has otherwise become vacant. Should the office of the Township Clerk become vacant, the governing body may appoint a person to serve as acting Township Clerk for a period of not more than six months.
c. 
Duties. The Township Clerk shall:
1. 
Act as secretary of the Township and custodian of the municipal seal and of all minutes, books, deeds, bonds, contracts, and archival records of the Township. The governing body may, however, provide by ordinance that any other specific officer shall have custody of any specific other class of record;
2. 
Act as secretary to the governing body, prepare meeting agendas at the discretion of the governing body, be present at all meetings of the governing body, keep a journal of the proceedings of every meeting, retain the original copies of all ordinances and resolutions, and record the minutes of every meeting;
3. 
Serve as the chief administrative officer in all elections held in the Township, subject to the requirements of Title 19 of the Revised Statutes;
4. 
Serve as chief registrar of voters in the Township, subject to the requirements of Title 19 of the Revised Statutes;
5. 
Serve as the administrative officer responsible for the acceptance of applications for licenses and permits and the issuance of licenses and permits, except where statute or municipal ordinance has delegated that responsibility to some other municipal officer;
6. 
Serve as coordinator and records manager responsible for implementing local archives and records retention programs as mandated pursuant to Title 47 of the Revised Statutes;
7. 
Perform such other duties as are now or hereafter imposed by statute, regulation or by municipal ordinance or regulation.
d. 
Compensation. The Township Clerk shall receive such compensation as shall be prescribed by the governing body according to law.
e. 
Deputy Township Clerk Office Created, Continued and Confirmed. The Office of Deputy Clerk of the Township, heretofore established by appointment of the Township Committee, is hereby created, continued and confirmed.
f. 
Appointment; Term; Vacancy. The Deputy Township Clerk shall be appointed by and shall serve at the pleasure of the governing body.
g. 
Duties. The Deputy Township Clerk shall have all of the power and duties of the Township Clerk during absence or disability of the Township Clerk and shall also have such other powers and duties as shall be prescribed from time to time by the governing body.
h. 
Compensation. The Deputy Township Clerk shall receive such compensation as shall be prescribed by the governing body according to law.
i. 
Defense and Indemnification. The Township shall provide the Township Clerk and the Deputy Township Clerk with defense and indemnification of any action or legal proceeding arising out of and directly related to the Clerk's or the Deputy Clerk's lawful exercise of authority in furtherance of their official duties.
[New]
a. 
Office Created, Continued and Confirmed. The office of Township Engineer, heretofore established by appointment of the Township Committee is hereby created, continued and confirmed.
b. 
Qualifications; Appointment; Term; Vacancy. The Township Engineer shall be a person qualified and licensed to practice professional engineering in the State and such person shall possess scientific engineering skill that is necessary to qualify him for personally performing the duties of such office. Such person shall be appointed by the Township Committee for a term of one year computed from January 1 of the year in which appointed. Any vacancy in such office occurring other than by expiration of term shall be filled by the Township Committee for the unexpired portion of the term.
c. 
Duties. The Township Engineer shall perform all of the duties of an engineering nature pertaining to the office of an engineer of a municipal corporation, except in particular cases where for special reasons another engineer is employed and he shall also have such powers and duties as are conferred or imposed upon him by law or ordinance or as otherwise specified by the Township Committee.
d. 
Compensation. The Township Engineer shall receive such salary or compensation as shall be fixed and determined by the Township Committee according to law.
[New]
a. 
Office Created, Continued and Confirmed. The office of Township Attorney, heretofore established by appointment by the Township Committee, is hereby created, continued and confirmed.
b. 
Qualifications, Appointment, Term, Vacancy. The Township Attorney shall be a person qualified and licensed to practice law in the State. Such person shall be appointed by the Township Committee for a term of one year computed from January 1 of the year in which appointed. Any vacancy in such office occurring other than by expiration of term shall be filled by the Township Committee for the unexpired portion of the term.
c. 
Duties. The Township Attorney shall perform all duties of a legal nature pertaining to the office of Township Attorney representing a municipal corporation, except in particular cases where for special reasons another attorney is employed. The Township Attorney may also be the Prosecuting Attorney in the Municipal Court of the Township.
d. 
Compensation. The Township Attorney shall receive such salary or compensation as shall be fixed and determined by the Township Committee according to law.
[New]
a. 
Office Created, Continued and Confirmed. The office of Township Tax Collector, heretofore established by appointment by the Township Committee is hereby created, continued and confirmed.
b. 
Appointment, Term, Vacancy. The Township Tax Collector shall be a person qualified as Tax Collector in the State. Such person shall be appointed by the Township Committee for a term of four years computed from January 1 of the year in which appointed. Any vacancy in such office occurring other than by expiration of term shall be filled by the Township Committee for the unexpired portion of the term.
c. 
Duties. The Township Tax Collector shall perform all duties imposed by law, administrative code, regulation and directive of the Township and shall file such reports as the Township Committee shall require.
d. 
Compensation. The Township Tax Collector shall receive such salary or compensation as shall be fixed and determined by the Township Committee according to law. (See N.J.S.A 40A:9-144)
[Ord. #80-389, SS 19; Ord. #03-1082, S 1]
a. 
Purpose of Subsection. The purpose of this subsection is to set forth Township policy in regard to the acquisition of goods, services and personal property for the Township.
b. 
Purchasing Agent. There is hereby established the office of Purchasing Agent in the Township. The Purchasing Agent shall be appointed by and serve at the pleasure of the Township Committee. The Purchasing Agent shall be under the supervision and control of the Township Administrator. The annual salary for the office of Purchasing Agent shall be determined from time to time by the Township Committee and shall be paid in accordance with the provisions of the salary ordinance of the Township.
c. 
General Duties of Purchasing Agent. The Purchasing Agent shall have the authority, responsibility, and accountability for the purchasing activity for the Township and shall perform the following general duties:
1. 
Establish, with the approval of the Administrator, procedures and regulations to be used in the orderly administration of the Purchasing Agent's Office.
2. 
Prescribe and maintain such forms as shall be found reasonably necessary to the operation of the office of the Purchasing Agent.
3. 
Act to procure for the Township all State and Federal tax exemptions to which it is entitled in connection with its purchasing program.
4. 
Prepare necessary documents and attend to the procedures required by law for the sale and disposition of public property. In no event shall the Purchasing Agent dispose of public personal property or advertise for the same without the authorization of the Township Committee.
5. 
Cooperate with all department heads in obtaining the most advantageous result for the Township with regard to obtaining goods and services.
6. 
Provide information to department heads and other officials concerning the current status of existing contracts for the purchase of materials, supplies or equipment together with a statement, when requested, as to the remaining appropriation available for such contracts.
d. 
Purchasing Agent as Township Contracting Agent. The Purchasing Agent is hereby designated as the Township's Contracting Agent. In the event no Purchasing Agent has been appointed by the Township Committee or there is a vacancy, the Township Committee shall designate a department head or other Township official to serve as Contracting Agent until a Purchasing Agent is appointed. The Contracting Agent shall perform the following duties:
1. 
Prepare specifications, advertise for bids and receive bids for contracts exceeding the bid threshold. The Contracting Agent shall assist department heads and others in reviewing and editing drafted specifications and bid proposal forms for formal bidding for acquisitions exceeding the bid threshold. Once technical specifications are drafted, the Contracting Agent is responsible for integrating the same into formal bid documents including general and special instructions to bidders and preparing the proper notice to be advertised by the Township Clerk. The Contracting Agent shall receive the bids for the provision or performance of goods and services on behalf of the Township. The Contracting Agent must obtain the approval of the Administrator prior to commencing the bid solicitation process.
2. 
Solicit quotations, negotiate contracts and award contracts when contracts do not exceed bid threshold. The Contracting Agent shall assist department heads and other municipal officials in the solicitation of informal bids for contracts, the aggregate value of which is below the bid threshold. The Contracting Agent shall negotiate with vendors for the supply of goods, services and personal property where the aggregate value thereof will not exceed the bid threshold. The Contracting Agent must obtain the approval of the Township Administrator prior to commencing the above process of informal bid solicitation. The Contracting agent is hereby authorized to countersign and deliver contracts where the aggregate expenditure does not exceed the bid threshold.
(a) 
Contracts less than 15% of bid threshold. All contracts that are in the aggregate less than 15% of the bid threshold may be awarded by the Contracting Agent without soliciting competitive quotations. Prior to awarding any such contract, the Contracting Agent must obtain the approval of the Administrator and the Administrator must countersign any such contract.
(b) 
Contracts below bid threshold but 15% or more of that amount. For all contracts that are in the aggregate less than the bid threshold but 15% or more of that amount (except contracts concerning professional services and work by employees of the contracting unit, as those services are defined by the Local Public Contracts Law), the Contracting Agent shall award the contract after soliciting at least two competitive quotations, if practicable. Contracts for professional services and work by employees of the contracting unit (as those services are defined by the Local Public Contracts Law) that are in the aggregate less than the bid threshold but 15% or more of that amount, shall also be awarded by the Contracting Agent but the Contracting Agent is not required to solicit any competitive quotations prior to such award. The award shall be made to a vendor whose response is most advantageous, price and other factors considered. If the Contracting Agent does not recommend acceptance of the lowest response, the Contracting Agent shall submit a statement to the Administrator detailing the reasons therefor prior to awarding the contract. Prior to awarding any such contract, the Contracting Agent must obtain the approval of the Administrator and the Administrator must countersign any such contract. The Contracting Agent shall retain the record of the quotation solicitation and shall include a copy of the record with the voucher used to pay the vendor.
e. 
Bid Threshold. The bid threshold shall be the maximum amount permitted by the Legislature by N.J.S.A. 40A:11-3a, as amended from time to time. In the event the Purchasing Agent is qualified pursuant to subsection b of section 9 of P.L. 1971, c. 198 (N.J.S.A. 40A:11-9), by resolution the Township Committee may increase the bid threshold up to the enhanced maximum amount permitted by the Legislature by N.J.S.A. 40A:11-3a, as amended from time to time.
f. 
Purchases Exceeding the Bid Threshold.
1. 
All supplies and contractual services, except as otherwise permitted by law or herein, when the aggregate value thereof shall exceed the applicable bid threshold shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals, as required by N.J.S.A. 40A:11-1 et seq.
2. 
Authorization to publicly advertise for formal bids shall first be obtained in all cases from the Administrator.
3. 
The Contracting Agent shall review bids once received and submit recommendations as to the award to the Township Administrator. The Township Administrator shall have the authority to review all such recommendations with the Contracting Agent prior to formal action.
4. 
In the case that the contract exceeds the bid threshold but no formal bid is required by law or the contract is otherwise excepted from formal bidding requirements, the Contracting Agent shall assist the Administrator, department heads and other municipal officials in negotiating contracts with regard to acquisition in the absence of bidding.
g. 
Township Administrator's Purchasing Responsibilities. The Township Administrator is hereby granted the following authority in regard to the Township's purchasing:
1. 
The Township Administrator is authorized to sign and deliver contracts where the aggregate expenditure does not exceed the bid threshold.
2. 
The Township Administrator is authorized to approve change orders in regard to minor field (site) modifications in regard to construction contracts, provided that any such change order does not affect the overall scope of the work of the contract and shall only result in minor price increases to the originally awarded contract price.
3. 
The Township Administrator is authorized to supervise and approve emergency purchases and contracts in accordance with paragraph h of this subsection.
4. 
The Township Administrator is hereby delegated the overall responsibility for overseeing the contracting for goods, services and personal property in the Township.
h. 
Emergency Purchases. Emergency purchases, when the cost or contract price will exceed the bid threshold, shall be made as follows:
1. 
Any purchase, contract or agreement may be made, negotiated or awarded by the Township Administrator or other officer when authorized by the Administrator or Township Committee, without public advertising for bids and bidding notwithstanding that the cost or contract price will exceed the applicable bid threshold, when an emergency affecting the public health, safety or welfare requires the immediate delivery of the articles or the performance of service, providing that the award or making of such purchase is made in the following manner:
(a) 
The officer or department head of the department wherein the emergency occurred shall initiate the emergency purchase process by notifying the Township Administrator or the official designated in accordance with paragraph h1 above, of the need for the performance of a contract, the nature of the emergency, the time of its occurrence and the need for invoking the provisions of this paragraph. The notification shall be reduced to writing, signed by the officer or department head in charge of the department wherein the emergency occurred and filed with the Contracting Agent as soon as practicable.
(b) 
If satisfied that an emergency exists, the Administrator, or in his or her absence the official designated in accordance with paragraph h, 1(a) above, is hereby authorized to award a contract for such work, materials, supplies or services as may be necessary.
(c) 
If practicable, the Administrator, or in his or her absence, the official designated in accordance with paragraph h1 above, shall consult with the Chief Financial Officer in each case to determine that adequate funds are available to meet the costs of such emergency contracts.
i. 
Cooperative Purchasing. The Purchasing Agent shall be responsible for providing department heads and other municipal officials with current information concerning cooperative purchasing plans as permitted by law or regulation. In this connection, the Purchasing Agent shall be responsible for maintaining information concerning the purchase of materials, supplies, or equipment under any contract entered into on behalf of the State of New Jersey by the Division of Purchase and Property, Department of Treasury or other cooperative purchasing plans that may be available to the Township. From time to time, the Purchasing Agent will report to the Township Administrator as to the available cooperative purchasing opportunities.
j. 
Agreements in Conformance with Local Public Contracts Law. All agreements entered into must be in compliance with the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Ord. #80-402, SS 1, 2]
a. 
Purpose. The Township Committee finds that economics in the purchase of work, materials and supplies may be expected through participation in volume purchasing on behalf of two or more public agencies. It is, therefore, the purpose of this subsection to achieve such economics by authorizing the Township to participate in the Somerset County Cooperative Pricing System pursuant to N.J.S.A. 40A:11-11(5).
b. 
Terms and Conditions. The Township hereby agrees with the County that the purchase of work, materials and supplies for use by their respective jurisdictions and by such other contracting units as may lawfully enter into similar agreements shall be accomplished under the terms and conditions of an agreement between Somerset County and the municipalities located therein. The Mayor and Township Clerk are hereby authorized to enter into such agreement, which agreement is hereby approved and shall be maintained on file in the office of the Township Clerk.
[Ord. #89-634, SS 1, 2]
a. 
Pursuant to the authority and mandate of N.J.S.A. 40A:9-140.10, the position of Chief Financial Officer for the Township of Montgomery is hereby created.
b. 
The salary of the Chief Financial Officer shall be in accordance with the annual salary ordinance adopted by the Township Committee for the Township.
[Ord. #97-888, S 1]
a. 
Office Created, Continued and Confirmed. The office of Municipal Prosecutor heretofore established by appointment by the Township Committee is hereby created, continued and confirmed.
b. 
Qualifications, Appointment, Term, Vacancy. The Township Prosecutor shall be a person qualified and licensed to practice law in the State. Such person shall be appointed by the Township Committee for a term of one year computed from January 1 of the year in which appointed. Any vacancy in such office occurring other than expiration of term shall be filled by the Township Committee for the unexpired portion of the term.
c. 
Duties. Pursuant to P.L. 1996, c. 95, § 14, the Township Prosecutor, under the supervision of the Attorney General or County Prosecutor may represent the State, County or Township in any matter within the jurisdiction of the Montgomery Township Municipal Court. Where the Township Prosecutor is unable to serve as prosecutor with respect to a particular matter, or in particular cases where special reasons such as experience in a particular legal area so warrant, the Township Committee may employ another attorney including but not limited to the Township Attorney to serve as Township Prosecutor in the Montgomery Township Municipal Court.
d. 
Compensation of Township Prosecutor. The Township Prosecutor shall receive such compensation as is fixed and determined by the Township Committee according to law.
[Ord. #98-927, S 1]
a. 
Office Created. The office of Municipal Public Defender is hereby established.
b. 
Qualifications, Appointment, Term, Vacancy. The Township Public Defender shall be a person qualified and licensed to practice law in the State. Such person shall be appointed by the Township Committee for a term of one year computed from January 1 of the year in which appointed. Any vacancy in such office occurring other than expiration of term shall be filled by the Township Committee for the unexpired portion of the term.
c. 
Duties. The Township Public Defender shall be responsible for handling all phases of the defense of an indigent defendant, including discovery, pre-trial and post-trial hearings, motions, removals to Federal district court and other collateral functions. Where the Township Public Defender is unable to serve as the public defender with respect to a particular matter, or in particular cases where special reasons such as experience in a particular legal area so warrant, the Township Committee may employ another attorney to serve as Township Public Defender in the Montgomery Township Municipal Court.
d. 
Compensation of Township Public Defender. The Township Public Defender shall receive such compensation as is fixed and determined by the Township Committee according to law.
[1]
Editor's Note: For fee for application for representation by Public Defender see Section 10-7.
[1]
Editor's Note: Previous ordinances contained herein include Ordinance Nos. 288, 311, 78-360 and 81-424.
[Ord. #90-681, S 1; Ord. #00-994, S 2; Ord. #01-1033, S 1; Ord. #02-1056, S 1; Ord. #03-1113, S 1; Ord. #06-1233, S 1; Ord. #08-1283, S 1; Ord. #13-1447, S 1; Ord. No. 15-1502; amended 5-16-2019 by Ord. No. 19-1615]
a. 
Establishment. There is hereby established in and for the Township a Department of Police Services, also known as the "Police Department of the Township of Montgomery" or "Police Department."
b. 
Members.
1. 
The Police Department shall consist of:
(a) 
One Chief of Police, or in his/her absence, a Police Director who may also be a sworn officer;
(b) 
Up to one Captain;
(c) 
Up to three Lieutenants;
(d) 
Up to eight Sergeants; and
(e) 
Up to 25 police officers.
2. 
Hereinafter, all sworn officers, i.e., the Chief, Lieutenants, Sergeants and police officers, may be referred to as "members."
3. 
The total combined number of members and Police Director shall not exceed 35.
c. 
Civilian employees. The Police Department shall be supported by civilian employees, including up to two public safety technicians, up to two administrative assistants, a police records clerk, a secretary, and a clerk/typist.
d. 
Responsibilities.
1. 
The responsibilities of the Chief, or in his/her absence, the Police Director, members and civilian employees are as set forth in § 2-3, Police Department, of this chapter and the rules and regulations adopted pursuant to Subsection 2-3.7 of this chapter.
2. 
Any member or civilian employee of the Police Department may be assigned to patrol, investigative, traffic, detective/plainclothesman, administrative or other tasks as determined by the Chief of Police, or in his/her absence, the Police Director.
e. 
Probationary period. All members shall be initially appointed on a probationary basis. Such probationary members shall be appointed to serve in a probationary capacity for a period of one year from the date of appointment except when, pursuant to N.J.S.A. 52:17B-69, said one-year limit may be exceeded. Probationary members shall not be considered as regular members of the Department until their appointment has been made permanent by further resolution of the Township Committee.
[Ord. #90-681, S 1; amended 2-16-2023 by Ord. No. 23-1693]
Pursuant to N.J.S.A. 40A:14-118, the appropriate authority shall consist of two members of the governing body and shall include the Mayor, or that person's designee from the membership of the Township Committee, and a Township Committee member, as appointed by the Mayor with the advice and consent of the Committee.
[1]
Editor's Note: Former subsection 2-3.3, Police Advisory Board, previously codified herein and containing portions of Ordinance Nos. 90-681, 96-857 and 96-886, was repealed in its entirety by Ordinance No. 00-994.
[Ord. #90-681, S 1; Ord. #00-994, S 4]
Special law enforcement officers may be appointed by the Township Committee, upon recommendation of the Chief of Police, or in his/her absence, the Police Director, for terms not to exceed one year. Special law enforcement officers shall have only those duties as are permitted by law and assigned by the Chief of Police, or in his/her absence, the Police Director, shall not be members of the Police Department, and their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed, or upon revocation of their appointments.
[Ord. #90-681, S 1; Ord. #00-994, S5]
a. 
The Chief of Police shall be the head of the Police Department, subject to such rules, regulations and policies as may, from time to time, be prescribed by the appropriate authority. The Chief of Police shall promulgate procedures, directives and orders for the day-to-day administration and operation of the Department as provided by law.
b. 
Where there is a vacancy in the position of Chief of Police, either due to retirement, resignation, death, termination or dismissal, or the Chief of Police has otherwise relinquished his or her powers, functions and duties, the Township Committee may appoint a Police Director to head the Police Department. Unless otherwise prohibited by law, the Police Director shall assume and exercise the authority and responsibilities of the Chief of Police and shall promulgate procedures, directives and orders for day-to-day administration and operation of the Department. Without limitation, this authority shall include the duties and responsibilities established under N.J.S.A. 40A:14-118 and the duties and responsibilities established under this Code. The authority reserved for the Chief of Police shall be divested from the Police Director at such time as an individual is appointed to fill the position of Chief of Police.
[Ord. #90-681, S1]
Salaries and compensation of the members and civilian employees of the Police Department shall be fixed by ordinance of the appropriate authority. The per diem or hourly rate of pay for special law enforcement officers shall be likewise fixed by ordinance.
[Ord. #90-681, S 1; Ord. #00-994, S 6; Ord. #01-1033, S 2]
a. 
There is hereby adopted by the appropriate authority, for the purpose of the orderly administration of the Police Department, rule and regulations known as "Montgomery Township Department of Police Services Police Manual, dated July 2, 1999." A copy is on file in the Office of the Township Clerk and three copies are on file in the office of the Chief of Police, or in his/her absence, in the office of the Police Director, and the same are hereby adopted and incorporated as fully as if set out at length herein. From August 5, 1976, the provisions thereof shall be controlling. The rules and regulations may be amended and supplemented by resolution of the appropriate authority.
b. 
Such rules and regulations shall be binding upon each member and civilian employee of the Police Department and all special officers. Each member and civilian employee of the Police Department, and each special law enforcement officer shall be presented with a copy of these rules and regulations together with any amendments thereof or additions thereto as the same are adopted by resolution of the appropriate authority.
c. 
In the event of any inconsistency between this section and the Rules and Regulations, the provisions of this section shall control.
[Ord. #90-681, S 1; Ord. #96-868, S 1; Ord. #00-994, SS 7, 8]
a. 
No member of the Police Department shall be removed, suspended, or reduced in rank from or in office, employment or position, or fined, for political reasons or for any cause other than incapacity, misconduct or disobedience of the rules and regulations established for the government of the Department, and then only upon action by the appropriate authority and written complaint setting forth the charge or charges against each member, which shall be signed by the person making such charge or charges. This complaint shall be filed in the office of the Chief of Police, or in his/her absence, in the office of the Police Director, and a copy thereof shall be served upon such member with notice of a designated hearing thereof by the appropriate authority. The hearing shall be not less than 10 nor more than 30 days after the service of the complaint; the appropriate authority and the member may agree to reasonable postponements. The member against whom a complaint is made shall be given every reasonable opportunity to make any defense he/she has or chooses to make, at and during the hearing by the appropriate authority. The appropriate authority shall have the authority to designate a hearing officer to conduct hearings, receive testimony and other evidence, compile a list of exhibits and make findings and recommendations to the appropriate authority. The findings and recommendations of the hearing officer acting for the appropriate authority shall be referred to the appropriate authority for final determination by the appropriate authority based upon the record established by the hearing officer. The appropriate authority shall have the power and authority to affirm, reverse or modify the findings and recommendations of the hearing officer. All determinations of the appropriate authority shall be final. Review of final determinations may be appealed to the Superior Court as provided by law.
b. 
A complaint charging a violation of the Department's internal Rules and Regulations shall be filed no later than the forty-fifth day after the date on which the person filing the complaint obtains sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of a member for a violation of the rules and regulations is included directly or indirectly in a concurrent investigation of that member for a violation of the original laws of New Jersey, in which case the forty-five-day limit shall begin on the day after the disposition of the criminal investigation. The forty-five-day requirement of this paragraph for the filing of a complaint against a member shall not apply to the filing of a complaint by a private individual.
The failure to comply with the above provisions as to service of the complaint and the time within which the complaint is to be filed shall require a dismissal of the complaint.
c. 
In any instance involving a complaint charging a minor infraction of a rule or regulation, or directive of a superior officer, committed in the day-to-day operation of the Police Department, the number charged may, nevertheless, by writing signed by him/her and filed in the office of the Chief of Police, or in the absence of the Chief of Police, in the office of the Police Director, admit conduct constituting grounds for disciplinary action against him/her, and request a waiver of his/her right to have a written complaint filed and served upon him/her and to have a hearing thereon by the appropriate authority, and consent to a summary penalty imposed against him/her by the Chief of Police or his/her designee, or in the absence of the Chief of Police, by the Police Director or his/her designee, which penalty shall not exceed a suspension of more than five working days without pay, provided further that no such waiver shall be permitted in those instances wherein there is a likelihood that the penalty as may be imposed would exceed said suspension penalty.
d. 
Anything herein to the contrary notwithstanding, a member of the Police Department may pursuant to the rules and regulations, be suspended without pay pending a hearing as a result of the charges made against him/her, but such hearing, except as otherwise provided by law, shall be commenced within 30 days after the service of the copy of the complaint upon him/her, in default of which the charge shall be dismissed and the member returned to duty. In the event that such charge or charges shall be dismissed, the member so suspended shall be entitled to receive all back pay withheld by reason of such suspension.
[Ord. #97-910, S 1]
a. 
Where the Township Committee determines that the provisions of N.J.S.A. 40A:14-155 require that the Township provide a means of defense or reimburse a police officer for legal costs, the hourly rate for which the Township will be responsible shall not exceed the hourly rate charged by the Township Attorney for litigation matters.
b. 
All statements for professional services submitted by attorneys representing police officers under this section shall be subject to review and approval by the Township Attorney and the Township Administrator.
[Ord. #00-994, S 9; Ord. #13-1447, S 2]
a. 
Establishment. There is hereby established the administrative position of Police Director which individual shall, subject to the provisions of subsection 2-3.5b of this section, be charged with the duties of supervising and directing the Police Department and such other duties and responsibilities as established by the Township Committee.
b. 
Appointment: Term. The Police Director shall be appointed by a majority of the Township Committee and shall serve at the pleasure of the Township Committee.
c. 
Duties and Responsibilities. The duties and responsibilities of the Police Director, as set forth in subsection 2-3.5b of this section, may be delegated by the Police Director to other members of the Police Department.
d. 
Deputy Police Director. There is hereby established the administrative position of Deputy Police Director. The Deputy Police Director shall perform the duties of the Police Director, if there be one, in his/her absence, and shall have such other duties and responsibilities as established by the Township Committee.
[Ord. #171, S 1; New]
The Board of Health, heretofore established, is hereby created, continued and confirmed. The Township and the Board of Health shall be subject to the provisions of subdivision B of Chapter 3 of Title 26 of the Revised Statutes.
[Ord. #171, S 2; New]
The Board of Health shall consist of seven members who shall be appointed by the Township Committee for terms of three years each and all members of the Board shall serve after the expiration of their respective terms until their successors shall have been appointed and qualified.
[Ord. #171, S 3]
Any vacancy in the membership of the Board shall be filled by the appointment by the Township Committee for the unexpired portion of the term only.
[Ord. #90-656, S 1]
The Township Committee shall also appoint two alternate members to the Board of Health, who, at the time of their appointment, shall be designated as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the term of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of the Board of Health. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
[Ord. #77-321; New]
There is hereby created a Board for the making of all assessments for benefits accruing from local improvements in the Township. The Board shall have all of the powers and duties and shall function in the manner provided by law. The Board shall make all assessments for benefits accruing from local improvements in the manner provided by law.
[Ord. #77-321, S 2]
The Board created hereby shall consist of five members. Such members shall be Freeholders of the Township who shall be appointed by the Township Committee for terms of two years each commencing January 1 of each year or at such time as initial appointments are made hereunder. The terms of two members shall expire on December 31 of each year. All members of the Board shall serve after the expiration of their terms until their successors are appointed and shall qualify.
[Ord. #77-321, S 3]
Any vacancies in the membership of the Board established hereunder shall be filled by the Township Committee for the unexpired term only.
[Ord. #77-321, S 4]
Township Committee may remove any member for cause, including excessive absences, on written notice served upon the member and after a hearing if required held thereon at which the member shall be entitled to be heard in person and be afforded other due process guarantees.
[New; Ord. #95-834, S 1]
The Township Committee deems it necessary to thoroughly analyze the economic development of the region and to promote the sound development of the Township. Further, the Committee deems it in the public interest to mobilize the potential resources of the Township for efficient, commercial, office and economic development uses. Therefore, it is desirable and necessary that a thorough study be made of the basic economic advantages of the Township and that the economic advantages thereof be thoroughly understood and promoted so that a program for managed and selected growth of clean and environmentally desirable ratables may be realized.
[New]
There is hereby created the Economic Development Commission for the Township. The Commission shall consist of seven members and shall have the powers enumerated herein.
[New; Ord. #97-915, S 1; Ord. #02-1076, S 1; Ord. #14-1480]
a. 
The members of the Commission shall be appointed by the Mayor, subject to the approval of the Township Committee.
b. 
Each member shall be a resident of the Township, except that up to three members may be nonresident owners of businesses located within the Township.
c. 
Appointments shall be for a period of three years.
d. 
If a vacancy in any term shall occur other than by expiration of that term, it shall be filled by appointment as above provided for the unexpired term.
e. 
Members of the Commission shall choose from among its membership a chairman and such other officers as may be deemed necessary.
[New; Ord. #95-834, S 1; Ord. #02-1076, S 2]
The duties of the Commission shall be as follows:
a. 
To inquire into, survey and publicize the extent, advantages and utilities of under-utilized and unutilized existing commercial facilities and offices, and vacant lands presently zoned for commercial or office development in the Township.
b. 
To study and analyze the various business and economic development organizations of the nation with a view to ascertaining opportunities for expansion of environmentally clean and desirable ratables in the Township.
c. 
Subject to the availability of funds and approval of the Township Committee, to advertise the advantages and opportunities of the Township and the availability of real estate within the Township for environmentally clean and desirable ratables and to encourage and accomplish such uses within the Township.
d. 
To seek environmentally clean and desirable businesses to purchase or lease the vacant lands and property presently zoned for commercial and office use in the Township.
e. 
To recommend to the Township Committee and the Planning Board reasonable and desirable environmental and developmental restrictions concerning economic development sites.
f. 
To encourage utilization of existing under-utilized or unutilized buildings and expansion of existing and potential business, office and commercial uses to the best interests of the Township, consistent with the Township's Master Plan, its open space policy, and its desire for environmentally clean and desirable ratables.
g. 
Subject to the availability of funds and approval of the Township Committee, to prepare and disseminate material and data advertising the advantages of the Township to new business, and commercial entities as may be anticipated to provide environmentally clean and desirable ratables.
[New]
The Commission shall receive from all officials, officers and official bodies of the Township such assistance as may be required by the Commission in performing its duties, and the Commission shall have access to all municipal information and records which may assist it in the performance of its duties.
[New; Ord. #02-1076, S 3]
There shall be appropriated by the Township Committee annually such sums as may be determined by the Township Committee to be necessary for the purpose of fulfilling the duties and objectives of the Commission, the use and expenditure of such funds to be approved by the Township Committee.
[Ord. #227, S 1]
Pursuant to the provisions of Chapter 245 of the Laws of New Jersey, 1968, an Environmental Commission, to consist of seven members is created in the Township.
[Ord. #227, S 2]
The members constituting the Environmental Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board of the Township. All members shall be residents of the Township and shall serve without compensation. The Mayor shall designate one member to serve as Chairman and presiding officer of the Commission.
[Ord. #227, S 3]
All terms shall be for a period of three years and until the appointment and qualification of their successors.
[Ord. #90-656, S 2]
The Township Committee shall also appoint two alternate members to the Environmental Commission who, at the time of their appointment, shall be designated as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate numbers shall be for two years, except that the term of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of the Environmental Commission. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
[Ord. #227, S 4; Ord. #90-656, S 2]
The Township Committee may remove any member of the Commission for cause, on written charges served upon the member and after hearing thereon, at which time the member shall be entitled to be heard in person or by counsel.
[Ord. #227, S 5; Ord. #90-656, S 2]
A vacancy on the Commission otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.
[Ord. #227, S 6; Ord. #90-656, S 2]
a. 
The Environmental Commission shall have power to conduct research into the use and possible use of the open land areas of the municipality and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such area, and may from time to time recommend to the Planning Board of the municipality plans and programs for inclusion in a municipal master plan and the development and use of such areas.
[Ord. #227, S 7; Ord. #90-656, S 2]
The Environmental Commission may, subject to the approval of the Township Committee, acquire property, both real and personal in the name of the Township by gift, purchase, grant, bequest, devise, or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement) covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the municipality.
[Ord. #227, S 8; Ord. #90-656, S 2]
The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Township Committee.
[Ord. #227, S 9; Ord. 90-656, S 2]
The Township Committee may appropriate funds for the expenses incurred by the Environmental Commission. The Commission may appoint such clerks and other employees as it may require and as shall be within the limits of funds appropriated to it.
[New]
There is hereby created a Local Assistance Board to administer public assistance within the Township to those persons eligible according to law.
[New]
The Local Assistance Board shall be composed of five persons, at least one of whom shall be a woman, to be appointed by the Mayor upon the approval of the Township Committee, all of whom shall serve without compensation but shall be allowed their necessary and actual expenses.
[New]
The term of one member of the Local Assistance Board shall in all instances be for one year only and shall consist of a member of the Township Committee appointed by the Mayor. The terms of the other four members shall be for four years. Such terms shall begin on the 1st day of January, and each member shall continue in office until successor shall be appointed and shall qualify. Any vacancy shall be filled for the unexpired terms only.
[New]
The Local Assistance Board shall be organized and shall administer its duties in accordance with the General Public Assistance Law of New Jersey (N.J.S.A. 44:8-10 et seq.), as the same shall be from time to time amended and supplemented, together with all lawful rules and regulations adopted pursuant to such law.
[Ord. #250, S 1; Ord. #85-480, S 1; Ord. #98-929, S 1; Ord. #99-992, S 1]
There is hereby established in the Township, a Recreation Committee composed of seven regular members and two alternate members, who shall be residents of the Township, and who shall be appointed by the Township Committee. The alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the Recreation Committee but may not vote on any issue before the Committee, except in the absence or disqualification of a regular member. In the event a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Ord. #250, S 2]
All appointments shall be for a period of three years. Vacancies shall be filled for the unexpired term only. The members shall serve until their respective successors are appointed and shall qualify.
[New]
The Recreation Committee shall provide advice and assistance to the Recreation Director in the planning, coordination, and implementation of a balanced recreation program for the Township. To this end, a primary function of the Committee shall be to communicate with Township residents in various community organizations within the Township and attempt to involve them in the planning process and assimilate them into established programs. On a period basis, the Recreation Committee shall reevaluate the Township Recreation Master Plan and make appropriate recommendations to the Township Committee.
[Ord. #250, S 7]
The Recreation Committee shall select its Chairman from among its members and shall organize its activities with the cooperation of the Township Committee. It may select such other officers from among its members as it may deem advisable.
[Ord. #250, S 8]
The Recreation Committee may adopt its own by-laws which shall not be inconsistent with this ordinance and/or the laws of the State of New Jersey.
[Ord. #144; New]
Any person claiming payment from the Township shall present a detailed bill of items or demands, certified to be correct, to the Township Treasurer.
The Treasurer, after obtaining proper certification as to correctness from an appropriate Township official, and ascertaining the existence of proper and sufficient appropriations for the payment of the claim, shall present same to the Township Administrator for approval.
The Township Administrator shall present approved claims to the Township Committee at a regular public meeting. It shall be the duty of the Township Clerk to record all approved claims in the official minutes.
[Ord. #144; New]
It shall be the responsibility of the Treasurer to have checks prepared for the payment of approved claims, to record the checks in proper books of account, and to distribute properly signed checks to claimants. Officials authorized to sign Township checks shall be designated from time to time by resolution of the Township Committee.
[Ord. #144; New]
Upon receipt of certified time sheets from appropriate officials, the Treasurer shall be charged with the responsibility of preparing and signing payroll checks in accordance with the Township Salary Ordinance. Warrants for payrolls will be presented to the Township Committee at its regular meeting.
[Ord. #78-351, S 1]
As used in this section:
OFFICIAL OR MUNICIPAL OFFICIAL
Shall mean a present or former Township employee, appointee or official, and shall include Board of Health members, appointees and officials.
[Ord. #78-351, S 2]
The Township of Montgomery is hereby authorized to provide for the defense of actions brought against its officials and to indemnify such officials, all in accordance with N.J.S.A. 59:10-1 et seq.
[Ord. #78-351, S 3]
The Township Committee shall not provide for the defense of any action if it determines that:
a. 
The act or omission was not within the scope of employment or authority;
b. 
The act or omission was because of actual fraud, willful misconduct or actual malice;
c. 
The defense of the action or proceeding using public funds would create a conflict of interest between the Township and the municipal official;
d. 
There exists policies of insurance, either obtained by the Township or by another, by virtue of which the municipal official is entitled to a defense of the action in question from the insurer; or
e. 
The municipal official has failed to deliver to the Township Administrator within 10 days of the time he or she is served with any summons, complaint process, notice, demand, or pleading, the original or copy of such document, or thereafter fails to cooperate with the Township in the defense of the matter.
[Ord. #78-351, S 4]
If the Township Committee determines to provide a defense as authorized hereunder, it may do so by either (1) hiring an attorney of its choice and paying the same directly, or (2) reimbursing the municipal official for reasonable attorney's fees expended or obligated to be expended by such official in the defense of the action.
[Ord. #86-515, S 1]
a. 
The Township Committee shall provide for the defense and indemnification of any actions or claims brought against, or errors or omissions of the Assessment Search Official, Tax Search Official or Tax Assessor in the performance of municipal lien, tax and assessment searches conducted pursuant to N.J.S.A. 54:5-11 et seq. and N.J.S.A. 54:5-18.1 et seq. and in the preparation of certified lists of property owners pursuant to N.J.S.A. 40:55D-1 et seq. or any employee of official acting in their stead where such actions, claims, errors or omissions do not result from actual fraud, willful misconduct or actual malice.
b. 
No defense or indemnification as authorized by paragraph a above shall be provided if:
1. 
The Assessment Search Official, Tax Search Official or Tax Assessor, or employee or official acting in his/her stead fails to deliver to the Township Administrator within 10 days of the time he or she is served with any summons, complaint process, notice, demand or pleading, the original or copy of such document, or thereafter fails to cooperate with the Township in the defense of the matter; or
2. 
There exist policies of insurance, either obtained by the Township or by another, by virtue of which the municipal official is entitled to a defense of the action in question from the insurer.
c. 
Nothing in this subsection shall be construed as limiting the provisions of and indemnification authorized by subsections 2-11.1, 2-11.3, or 2-11.4 above. Rather, this subsection is intended only to affirmatively identify certain specific circumstances under which indemnification will be provided by the Township.
[1]
Editor's Note: Fees for Flood Hazard Area Search are contained in Chapter 16, Flood Plains.
[Ord. #94-805, S 1]
From time to time, the Township Committee may adopt or amend by resolution policies permitting the use of certain rooms in the Municipal Building by certain organizations. The fee for reserving the use of a room in the Municipal Building, which the Township Committee permits to be available for use by such organizations, shall be $15 for each date of reserved use. In addition, where the use of the room necessitates, in the reasonable discretion of the Township Administrator, the attendance or labor of Township personnel, the Township's personnel costs shall be reimbursed by the organization at the rate of $7.50/hour per facility aides and $25/hour per maintenance personnel.
[Ord. #98-957, S 1; Ord. #99-971 S 1; Ord. #03-1118, S 1; Ord. #05-1192, SS 1, 2; Ord. #10-1369, SS 1, 2]
The government records of the Township of Montgomery shall be accessible for inspection, examination and copying in accordance with the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., as amended from time to time.
a. 
Purpose. The purpose of this subsection is to set forth the Township's fee schedule for obtaining copies of government records and the Township's special service charges to be assessed in appropriate circumstances.
b. 
Definitions. As used in this section:
GOVERNMENT RECORD(S) OR RECORD(S)
Shall mean any information subject to public inspection which is maintained by the Township in written, audio, video, electronic or other form and as defined by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
SPECIAL SERVICE CHARGE
Shall mean a charge, in addition to the actual cost of duplicating the government record(s), which shall reflect the expense associated with extensive use of Township information, technology or resources, or the extensive clerical or supervisory assistance by Township personnel necessary to accommodate requests to inspect, examine and/or provide copies of the record(s), and as defined by the Open Public Records Act, N.J.S.A. 47:1A-5c and 47:1A-5d.
c. 
Fee Schedule. The fees for copies of government records shall be:
1. 
Black and White Photocopies of Records.
8.5" x 11"
$0.05 per page
8.5" x 14" and larger
$0.07 per page
2. 
Color Printouts.
8.5" x 11", 8.5" x 14" and 11" x 17"
$1.05 per page
3. 
Audio Tape Copies: $0.25 per tape.
4. 
Compact Disc Copies:
$0.15 per disc
$0.45 per disc with jewel case
5. 
DVD Copies:
$0.30 per disc
$0.60 per disc with jewel case
6. 
Maps. Copies of maps may be purchased upon the terms and conditions hereinafter provided.
(a) 
Standard Map Prices.
18" x 24"
$1.25 per sheet
24" x 36"
$1.65 per sheet
30" x 42"
$2.90 per sheet
36" x 46"
$3.30 per sheet
(b) 
Tax Map.
Set of full size (24" x 36") maps
$61.50
Set of reduced size (11" x 17") maps
$11.25
(c) 
Set of EMS Maps (11" x 17"): $5.
(d) 
Digital Map Files. Digital Map Data is available in the following file formats: CAD, DWG, DXF, DGN, GIS, ESRI, TIFF, MRSID, JPG and Imagine. Digital map files may be provided on CD and DVD pursuant to the costs set forth above. Digital map files are also available for free by e-mail, depending upon the request and overall data file size, and by direct download from the Township GIS website.[1]
[1]
Not all digital map files are available for direct download from the Township GIS website.
(e) 
Maps Disclaimer. All planimetric and topographic mapping has been prepared using aerial photogrammetry, data reduction and surveying control by contractors and subcontractors to Montgomery Township. Although the contract work required adherence to applicable standards, inaccuracies are possible. Information should be verified by professional engineers or surveyors. Montgomery Township makes no guarantee or representation regarding the accuracy or reliability of any of the maps and any use of the maps are at the risk of the user. Photographic features and contour information were prepared from aerial photography flown originally on April 6, 1996. From time to time, additional aerial photography may be taken, and the information updated; however, the Township in furnishing the information makes no representation as to its accuracy or freshness. The Township's mapping should not be used as survey data.
7. 
All other Records: Actual costs of duplication as charged to the Township.
d. 
Special Service Charges.
1. 
A special service charge may be applied by the Custodian of Records or his/her designee in the following circumstances:
(a) 
When the nature, format, manner of collation or volume of a government record embodied in the form of printed matter to be copied is such that the record cannot be reproduced by ordinary copying equipment in ordinary business size; or
(b) 
When a request is for a government record in a medium not routinely used by the Township; or
(c) 
When a request is for a government record not routinely developed or maintained by the Township; or
(d) 
When a request for a government record requires a substantial amount of manipulation or programming of information technology by the Township and the cost of such manipulation or programming is not otherwise included in the fee or fees listed in subsection 2-12.2c6(a) through (d); or
(e) 
When the request for copying, inspection or examination of a government record involves an extraordinary expenditure of time and effort to accommodate.
2. 
The special service charge rate for supervisory, programming and/or clerical services shall be charged per hour and as follows:
(a) 
The hourly rate shall be the hourly wage of the employee conducting the supervisory, programming and/or clerical services as set by the Township Committee by salary and wage ordinance and/or P.B.A., M.M.E.A. and/or collective bargaining agreement(s) from time to time.
(b) 
The hourly wages of salaried personnel shall be calculated by dividing the employee's annual salary as set by the Township Committee by salary and wage ordinance and/or P.B.A., M.M.E.A. and/or collective bargaining agreement(s) by 26 (weeks) and then dividing that biweekly pay by the number of hours worked in a biweekly period.
e. 
Mail Request. The actual cost of postage will be added to fees when copies of records are mailed. The requestor will also be required to pay a $0.25 fee for the cost of the envelope. In the event the records cannot be mailed in an envelope due to volume, medium or size of the records, the requestor will also be required to pay the actual packaging costs.
[Ord. #98-957, S 2; Ord. #03-1118, S 1]
Custom maps may be created and purchased upon the terms and conditions hereinafter provided:
a. 
Hard Copies.
Tax Map Information
$10 per tax map sheet
Planimetric Feature Data****
$5 per acre
Topographic Feature Data
$5 per acre
Orthophoto Map
$25 per photo plus cost for tax map, planimetric or topographic data
Each additional copy
$5
**** Based on tax map acreage of requested properties
b. 
Digital Maps. The cost for purchasing custom digital maps shall be $25 per digital file included in the desired area.
c. 
In addition to the foregoing fees, the purchase of custom maps shall be subject to the cost of labor necessary to create the map(s). The cost of labor shall be determined in accordance with the applicable special service charge rate set forth in subsection 2-12.2d2.
d. 
The Township's creation and sale of custom maps are subject to the disclaimer set forth in subsection 2-12.2c6(e) above.
[Ord. #07-1255, S 2; Ord. #08-1291, S 1]
a. 
Fingerprinting. A fee of $5 per applicant shall be charged whenever the Township Police Department performs the procedure of securing applicant fingerprint images. This fee shall be in addition to any fee imposed by law or this Code.
b. 
Charges for Use of Special Duty Police Officers and for Police Department Vehicles.
1. 
Special Duty for Police Officers. The hourly rate for such duty shall be the same as provided for in the Montgomery Township Police Collective Bargaining Agreement, based on the rate in effect at the time the services are rendered.
2. 
Use of Montgomery Township Police Vehicle. The fee per vehicle per twelve-hour shift, or any part thereof, shall be $125 in order to cover fuel costs. The aforesaid rate shall be regularly reviewed by the Police Department for sufficiency and a report issued to the Township Committee which may, by resolution, adjust the rate as it deems appropriate.
[Ord. #08-1288, S 1]
a. 
In accordance with the rules governing the Township Container Facility, Montgomery Township households may purchase one car sticker and coupon for a fee of $40 good for four trips to the Facility. There shall be no limit on the number of additional coupons households may purchase.
b. 
In accordance with the rules governing the Township Container Facility, Montgomery Township drivers of vehicles bearing commercial tags may purchase one sticker and coupon for $40 good for one trip to the Facility per calendar year. Said drivers are limited to one trip to the Facility per calendar year.
[Ord. #09-1313, S 4; Ord. #10-1352, S 2; Ord. #13-1452]
a. 
From time to time, the Township Committee may adopt or amend by resolution policies permitting the use of the Otto Kaufman Community Center ("Community Center") or portions thereof by certain individuals and organizations. Except to the extent of any conflict herewith, any such policies in effect prior to the effective date of this subsection shall remain in effect until amended by the Township Committee.
b. 
In order to defray maintenance, materials, labor and utility costs incurred by the Township resulting from use of the Community Center permitted by paragraph a above, the following fees are hereby established.
1. 
Events with Food, Drinks and Other Consumables. There shall be a fee of $50/hour for use of the Community Center or any portions thereof for events where food, drinks and other consumables shall be served. This fee shall be applicable during both business and non-business hours, which are set forth in the Community Center's Facility Use Policy.
2. 
Personnel. A facility aide shall be required for the entire duration of any event held at the Community Center outside normal business hours. The Township's personnel costs shall be reimbursed at the rate of $75/hour per facility aide.
3. 
Gymnasium or program room. There shall be a fee of $20/hour for use of the gymnasium or program room at the Community Center. This fee shall be applicable during both business and non-business hours.
[Amended 12-16-2021 by Ord. No. 21-1674; 4-6-2023 by Ord. No. 23-1695; 12-7-2023 by Ord. No. 23-1711]
c. 
Any person or organization utilizing the Community Center shall be liable for all loss, damage or injury sustained by any person whatsoever by reason of the negligence or intentional act of the person or organization, its agents, servants, employees or guests. In addition, any person or organization to whom a permit is issued for the use of Community Center shall be required to comply with the same hold harmless and insurance requirements required for parks and recreation facilities as set forth in Section 9-6d of this Code.
d. 
Notwithstanding any other provision of this section, the Recreation Director shall have the authority to waive or reduce facility reservation fees upon a finding of financial hardship or upon a finding that the use of the facility space will not require increased maintenance, labor and utility costs by the Township.
[Added 12-7-2023 by Ord. No. 23-1711]
[Ord. #10-1352, S 1]
a. 
The Recreation Department, from time to time, provides programs and activities of interest to both Township residents and the public at large. While such programs and activities are open to the general public, priority shall be given to Township residents.
b. 
In order to defray administrative costs incurred by the Township resulting from participation in recreation programs and activities by nonresidents, there shall be a nonrefundable registration fee of $30 per registrant per program or activity. This fee shall be applicable to all nonresidents who sign up to participate in programs and activities provided by the Recreation Department.
[Ord. #10-1354, S 1]
In accordance with P.L. 2009, c. 320, the following fees are established:
a. 
Request for calculation of redemption amount on a tax sale certificate by party entitled to redeem (N.J.S.A. 54:5-54):
1. 
First two requests in a calendar year: $0.
2. 
Each additional request in a calendar year: $50 per request.
b. 
Request for calculation of redemption amount on a tax sale certificate by lienholder (N.J.S.A. 54:5-97.1): $50.
[Ord. #10-1354, S 1]
In accordance with N.J.S.A. 22A:4-14, the following fees are established for the services provided by a Township official or employee as a notary public:
a. 
For administering an oath or taking an affidavit: $2.50.
b. 
For taking proof of a deed: $2.50.
c. 
For taking an acknowledgement: $2.50.
[Ord. #11-1400]
Pursuant to N.J.S.A. 40:48-1, a fee of $100 payable to the Township of Montgomery, is established for the solemnization of a marriage or civil union by the Mayor or Deputy Mayor as authorized by N.J.S.A. 37:1-13.
[Ord. #84-475, S 1]
This section shall be known and may be cited and referred to as "Emergency Management Ordinance."
[Ord. #84-475, S 2]
a. 
It is the intent and purpose of this section to establish an Emergency Management Unit that will provide for optimum use of the resources of the Township for action in coordinating emergency operations.
b. 
The office of Emergency Management will be the coordinating unit for all activity in connection with civil defense, disaster control and civil preparedness. The Emergency Management Unit will provide guidance to the departments and agencies of the Township.
c. 
This section does not relieve any Township department or agency of the responsibilities or authority required by State statute or by local ordinance nor is it intended to adversely affect the work of any volunteer agency organized for relief in emergencies.
[Ord. #84-475, S 3]
The following definitions shall apply in the interpretations of this section:
a. 
Emergency Management Unit shall mean the emergency services of the Township in helping to carry out the basic governmental functions of maintaining the public peace, health and safety during an emergency. This shall include plans and preparations for protection, relief, recovery and rehabilitation from the effects of any emergency.
b. 
Declaration of a state of local emergency shall mean a proclamation by the Mayor declaring that a state of local emergency exists, upon recommendation by and concurrence of the Emergency Management Coordinator, or his authorized deputy that an emergency has occurred or is imminent which requires activation of all or part of the Township's emergency management services.
c. 
Emergency Management Coordinator shall mean the person appointed by the Mayor to coordinate the emergency services of the Township.
d. 
Emergency shall mean any unusual set of circumstances which endangers the health, safety, or resources of the residents of the Township of Montgomery, and which is or may become too large in scope to be handled in its entirety by normal operating Township services.
e. 
Emergency management forces shall mean the employees, equipment and facilities of all Township departments, boards, commissions and agencies and all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons, organizations or agencies.
f. 
Local emergency shall mean an emergency or the imminence thereof, which affects the Township but is not so severe as to require action by the Governor of New Jersey or the County Emergency Management Coordinator as described in the Emergency Management Act (N.J.S.A. App. A:-9-33 et seq.).
g. 
Mayor shall mean the Mayor, Deputy Mayor or the Acting Executive Member of the Township Committee.
h. 
Regulations shall mean to include plans, rules, programs and other emergency procedures promulgated in accordance with this section.
i. 
Volunteer shall mean any person duly appointed by the Township Committee, or Emergency Management Coordinator and assigned to participate in emergency management activities, serving without remuneration.
j. 
War emergency shall mean a disaster occurring within the Township as a result of enemy attack or the imminent danger thereof.
[Ord. #84-475, S 4]
a. 
The Township Committee is hereby authorized to create an organization for emergency management, utilizing the existing agencies within the Township.
b. 
The organization shall consist of the following:
1. 
The Emergency Management Unit will be under the direction of the Mayor. The Emergency Management Coordinator shall be the executive head of the unit. There shall also be such deputies and assistants, appointed by Coordinator and approved by the Mayor, as are deemed necessary.
2. 
The employees, equipment and facilities of all Township departments, boards, agencies and commissions which will participate in emergency management activities.
3. 
Volunteer persons, organizations or agencies offering service to and accepted by the Township without remuneration.
[Ord. #84-475, S 5]
a. 
The Mayor. Emergency powers and duties of the Mayor shall be as follows:
1. 
The Mayor, upon recommendation by and concurrence of the Emergency Management Coordinator or his authorized deputy, may issue a written proclamation that a state of local emergency exists. The proclamation, duly endorsed by the Emergency Management Coordinator or authorized deputy or in the absence of both, a member of the Township Committee, will be filed with the Township Clerk.
During the period that the local emergency proclamation remains in force, the Mayor may promulgate such regulations and take such other action as he deems necessary to protect life and property of residents and to preserve critical resources. Regulations promulgated in accordance with this authority will be given as widespread circulation as possible by available means of communications. The regulations will have the force of ordinances when filed with the Township Clerk, and violations will be subject to the penalties provided in subsection 2-13.9 of this section. Such regulations may include but shall not be limited to the following:
(a) 
Regulations prohibiting or restricting the movement of vehicles or persons to facilitate the work of emergency services forces, to facilitate the movement of persons, emergency vehicles and equipment to and from critical areas within and outside the Township.
(b) 
Regulations pertaining to evacuation of persons from areas deemed to be hazardous or vulnerable.
(c) 
Regulations which close or regulate the hours of any premise that is licensed to sell alcoholic beverages or gasoline.
(d) 
Regulations that close or regulate the hours of any public place of entertainment or premises which offer for sale food-stuffs or medicines.
(e) 
Such other regulations necessary to preserve public peace, health, safety and to conserve critical resources.
2. 
The Mayor may request aid from contiguous or noncontiguous municipalities when the emergency is beyond the capabilities and resources of local emergency management forces. State statutes and mutual aid agreements shall govern such requests for aid outside assistance.
3. 
During the emergency, the Mayor may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property and obligate the Township for the payment thereof.
4. 
The Mayor may, during the emergency, require the services of any Township officer, employee or official to assist him or the emergency services forces. All such duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as may be provided by State law for other registered and identified emergency management workers.
5. 
The Mayor will cause to be prepared the plan hereinafter referred to and will exercise his ordinary powers and any special powers conferred upon him by ordinances of the Township of Montgomery or by any statute of the State of New Jersey, to this end.
6. 
The Mayor will require the Township Committee members to assemble for a special meeting within 24 hours of the proclamation declaring the emergency in the Township.
The Mayor will review for the Committee the status of the emergency and measures taken to restore the public peace.
The Mayor or Committee may request a verbal report from the Emergency Coordinator and the Chief of Police.
b. 
The Coordinator. The Coordinator shall be trained in planning operations involving emergency management. The Coordinator shall be responsible to the Mayor and Township Committee in regard to all phases of emergency management activity. Under the supervision of the Mayor, he shall plan and coordinate the operation of emergency services activity in the Township.
His duties shall include but not be limited to the following:
1. 
Recruitment and training of volunteer personnel and agencies to augment existing personnel and facilities of the Township.
2. 
Develop an emergency operations center and an operation plan for its use.
3. 
Keep a file of the resources available within the Township both public and private.
4. 
Oversee the agreement by which owners, agencies, boards or organizations of buildings may allow the use for sheltering persons in an emergency.
5. 
Conduct practice operations to determine if emergency plans are efficient and adequate.
6. 
Coordinate all public and volunteer private agencies, boards or organizations in their planning for emergency operations.
7. 
Assume such authority and responsibilities as the Mayor and Township Committee may require to promote and develop the plan.
[Ord. #84-475, S 7]
A comprehensive emergency operations plan ("The Plan") shall be adopted and maintained by resolution of the Township Committee. The plan shall be prepared by the Coordinator and submitted for approval to the Township Committee.
When the plan is approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain the portion of the plan applicable to it in a current state of readiness at all times.
The Plan shall be considered supplementary to this section and have the effect of law whenever an emergency is declared by proclamation locally or by the Governor of the State of New Jersey.
[Ord. #84-475, S 8]
a. 
This section is an exercise by the Township of its governmental function for the protection of the public peace, health and safety. During an emergency, neither the Township nor agents and representatives of said Township, or any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this section, shall be liable for any damage sustained to persons or property as the result of said activity.
b. 
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the Township the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an emergency, shall not be civilly liable for the death of or injury to any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of or damage to the property of such persons.
[Ord. #84-475, S 9]
Any person, firm or corporation violating any provision of this section, or rule or regulations promulgated thereunder, upon conviction thereof, shall be punished by a fine of not more than $1,000 or imprisonment in the County jail for a period of not more than six months or both, in accordance with N.J.S.A. App. A:9-49.
[Ord. #84-475, S 10]
Should any provision of this section be declared invalid for any reason, such declaration shall not affect the validity of other provisions or of this section as a whole, it being the legislative intent that the provisions of this section shall be severable and remain valid notwithstanding such declaration.
[Ord. #84-475, S 11]
At all times when orders or rules and regulations are made and promulgated pursuant to this section, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. This section is adopted to complement the New Jersey Emergency Management Act (N.J.S.A. App:9-33 et seq.) and regulations promulgated thereunder and shall be read and interpreted in conjunction therewith.
[Ord. #85-483, S 1]
The purpose of this section is to (i) provide for the on-going monitoring of the development of the affordable housing in the Township; (ii) provide for the establishment of appropriate mechanisms to ensure continued occupancy of affordable units by low and moderate income families; and (iii) maintain flexibility in the development of such mechanisms to best suit particular developments.
[Ord. #85-483, S 1; Ord. #89-623, S 1; Ord. #90-659, S 1]
a. 
There is hereby created the Affordable Housing Committee which shall be comprised of seven members, one of whom shall be a member of the Township Committee; one of whom shall be a member of the Planning Board, one of whom shall be a member of the Township Board of Education, and four of whom shall be citizens at large. Members of the Affordable Housing Committee selected from the above-referenced municipal bodies shall be appointed on an annual basis. Members of the Affordable Housing Committee selected by the community at large shall be appointed for three year terms, and at least one of the at large members may be selected to represent the interests of senior citizens. In addition to regular members, two alternate members may be selected and shall be designated as Alternate No. 1 and Alternate No. 2 at the time of their appointment. The terms of any alternate members shall be for one year. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
b. 
The members of the Affordable Housing Committee shall select its Chairperson from among its members and shall organize its activities in cooperation with the Township Committee.
[Ord. #85-483, S 1]
The Affordable Housing Committee shall perform the following duties:
a. 
Provide advice and assistance to the Township Committee in the planning, coordination and implementation of affordable housing programs in the Township;
b. 
Supply information to and answer inquiries of developers, low and moderate income families and other interested persons regarding affordable housing opportunities in the Township;
c. 
Assist developers building affordable housing in the formulation of eligibility requirements;
d. 
Assist developers building affordable housing in the establishment of mechanisms to be employed to ensure the continued occupancy of affordable dwelling units by low and moderate income families;
e. 
Monitor the development of affordable housing and senior citizen housing in the Township, identify problems therewith and make recommendations to the Township Committee for appropriate changes in ordinances and policies relating to affordable housing as experience may suggest;
f. 
Make recommendations to the Township Committee for the establishment of a priority system for the selection of qualified affordable housing applicants;
g. 
Examine the impact of the development of affordable housing on other services and facilities in the Township and make recommendations to the Township Committee concerning appropriate means of upgrading such services and facilities;
h. 
As a minimum, provide an annual written report to the Township Committee concerning all of the above.
[Ord. #86-518, S 1]
Increasing development in the Township is resulting in the loss of many patriarch trees and long standing hedgerows. Preservation of these trees and hedgerows to the extent reasonably possible and the planting of new trees will enhance the quality of life of residents of the Township. The Township Committee, therefore, deems it desirable and necessary, that a committee be formed to provide on-going advice to Township residents and officials concerning the planting, care and preservation of shade and ornamental trees.
[Ord. #86-518, S 1]
There is hereby established in the Township a Shade Tree Committee comprised of seven members who shall be residents of the Township, and who shall be appointed by the Township Committee.
[Ord. #86-518, S 1]
All appointments shall be for a term of one year commencing each January 1. Any vacancy in the membership of the Committee shall be filled by the Township Committee for the unexpired portion of the term only.
[Ord. #86-518, S 1]
The Shade Tree Committee shall select its Chairperson and Vice-Chairperson from among its members and shall organize its activities in cooperation with the Township Committee.
[Ord. #86-518, S 1]
Township Officials and employees shall be available to provide assistance to the Shade Tree Committee in the performance of its duties, as enumerated below.
[Ord. #86-518, S 1; amended 4-18-2024 by Ord. No. 24-1723]
The duties of the Shade Tree Committee are as follows:
a. 
On an on-going basis, review the ordinances of the Township and those of other municipalities and counties, and recommend to the Township Committee ordinance amendments that will promote the planting, proper maintenance and preservation of native shade and ornamental trees.
b. 
Provide advice to the Township Committee concerning the planting, care and maintenance of trees within Township public rights-of-way and on public properties.
c. 
When requested, provide cost estimates for inclusion in the Municipal Budget of the work described in subsection 2-5.16b and, when such work is contracted, provide assistance in the supervision of the work.
d. 
Make information available to residents concerning the planting and care of ornamental, evergreen and shade trees on their own properties.
e. 
Encourage tree planting and stimulate community interest in arboriculture through news articles, planting events and the like.
f. 
Locate and map trees of significance within the Township.
g. 
Perform such other duties as may, from time to time, be assigned by the Township Committee.
h. 
Review applications to the Planning Board and Zoning Board of Adjustment, and make recommendations on proposed landscaping.
[Ord. #86-518, S 1; Ord. #87-566, S 1]
One member of the Shade Tree Committee shall be designated by the Committee's Chairperson to serve as a liaison to the Township Planning Board and its site plan and subdivision subcommittees to assist in their review of development applications. Said liaison shall make (i) recommendations concerning the preservation of existing plantings on the development site and (ii) recommendations consistent with the land development ordinances concerning new plantings to ameliorate the environmental impact of the development.
[Ord. #86-510, S 1]
Several health care and correctional facilities, including without limitation, the North Princeton Developmental Center, Training School for Boys, Skillman, and Carrier Clinic, are located within Montgomery Township. Successful operation of these institutions is crucial to the health, safety, welfare and quality of life of the residents of the Township. The Township Committee, therefore, deems it desirable and necessary that careful monitoring by the Township of developments at these institutions occur and that productive working relationships between these institutions, their administrators and governing agencies, and the Township develop.
[Ord. #86-510, S 1]
There is hereby established in the Township an Institutions Committee comprised of nine members who shall be residents of the Township, and who shall be appointed by the Township Committee.
[Ord. #86-510, S 1]
All appointments shall be for a term of one year commencing each January 1. Any vacancy in the membership of the Committee shall be filled by the Township Committee for the unexpired portion of the term only.
[Ord. #86-510, S 1]
The Institutions Committee shall select its Chairperson and Vice Chairperson from among its members and shall organize its activities in cooperation with the Township Committee.
[Ord. #86-510, S 1]
The Committee shall receive from all officials, employees and official bodies of the Township such assistance as may be required by the Committee in performing its duties, as enumerated below.
[Ord. #86-510, S 1]
The duties of the Institutions Committee are as follows:
a. 
To monitor current conditions and proposed developments at the institutions in the Township.
b. 
To communicate on a regular basis with representatives of the institutions concerning operations at the institutions and methods for improvement of those operations.
c. 
To communicate with Township residents concerning their questions about the institutions.
d. 
To investigate methods of improving security at the institutions.
e. 
To advise the Township Committee concerning the results of its investigation of the institutions.
f. 
To perform such other duties as may, from time to time, be assigned by the Township.
[Ord. #89-605, S 1]
In the face of increasing development, the preservation of areas of open space is vital to the provision of recreational opportunities for the enjoyment of present and future generations of Montgomery Township residents and to the preservation of Montgomery Township's rich farming heritage. The Township Committee, therefore, deems it desirable and necessary that a Committee be formed to aid in the acquisition of open space in Montgomery Township.
[Ord. #89-605, S 1; Ord. #89-624, S 1]
There is hereby established in the Township the Open Space Committee comprised of nine members as follows: one member of the Township Committee to be selected by the Township Committee, one member of the Board of Education to be selected by the Board of Education, one member of the Environmental Commission to be selected by the Environmental Commission, one member of the Recreation Committee to be selected by the Recreation Committee, one member of the Planning Board to be selected by the Planning Board and four at-large members who are residents of the Township to be selected by the Township Committee.
Additionally, two alternate members to the Open Space Committee shall be selected by the Township Committee from the community at large. The alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2". The alternate members shall regularly attend the meetings of the Committee and may participate in all discussions of the Committee but may not vote on any matter before the Committee, except in the absence or disqualification of a regular member. In the event a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Ord. #89-605, S 1; Ord. #89-624, S 1]
The appointments of the representatives from the Township Committee, Board of Education, Environmental Commission, Recreation Committee and Planning Board shall be for a term of one year commencing each January 1. The initial terms of the four at-large members of the Committee shall be as follows: One member — initial one-year term; one member — initial two-year term; one member — initial three-year term and one member — initial four-year term all commencing as of January 1, 1989. After the completion of the initial terms, the terms of said at-large members shall be for four years commencing each January 1.
The appointments of the alternate members shall be for terms of four years. However, the initial terms of the alternate members shall be as follows: (1) For Alternate No. 1, the initial term shall expire on December 31, 1992; and (2) For Alternate No. 2, the initial term shall expire on December 31, 1990.
Vacancies among the members and alternate members shall be filled for the unexpired portion of the term only. Members and alternate members shall serve until their respective successors are appointed and qualify.
[Ord. #89-605, S 1]
The Open Space Committee shall select its Chairperson and Vice-Chairperson from among its at-large members and shall organize its activities in cooperation with the Township Committee.
[Ord. #89-605, S 1]
Township officials and employees shall be available to provide assistance to the Open Space Committee in the performance of its duties, as enumerated below.
[Ord. #89-605, S 1; amended 4-18-2024 by Ord. No. 24-1723]
The duties of the Open Space Committee are as follows:
a. 
Make recommendations to the governing body on whether lands proposed for dedication for stream corridors, general open space or farmland preservation shall be accepted or approved by the Township Committee.
b. 
Seek on behalf of the Township, opportunities for the acquisition of open space and stream corridors, and for bringing participants into the Farmland Preservation Program in accordance with priorities established by the Township Committee.
c. 
Interact with other boards, committees, commissions in the Township in coordinating recommendations for the acquisition of open space and stream corridors, and the development of Farmland Preservation Program participants.
d. 
Assist, as may be needed, in the implementation of open space, stream corridor and farmland preservation programs established or approved by the Township Committee.
e. 
Perform such other duties as, from time to time, may be assigned by the Township Committee.
f. 
Make recommendations to the governing body regarding stewardship, including tree plantings, in stream corridors, open space or farmland preserved, accepted and approved by the Township Committee.
g. 
Review applications to the Planning Board and Zoning Board of Adjustment, and make recommendations.
[Ord. #89-605, S 1]
One member of the Open Space Committee shall be designated by the Committee's Chairperson to serve as liaison to the Site Plan Committee and another member as liaison to the Subdivision Committee in their review of development applications. Said liaisons shall make recommendations concerning the acquisition of open space.
[Ord. #89-649, S 2; Ord. #91-706, S 1; Ord. #92-733, S 1; Ord. #94-810, S 1; Ord. #95-828, S 1; Ord. #97-891 S 1; Ord. #00-1017, S 1; Ord. #01-1025, S 1; Ord. #02-1057, S 1; Ord. #03-1085, SS 1, 2; Ord. #04-1128, SS 1 — 3; Ord. #05-1176, S 1; Ord. #06-1208, S 1; Ord. #07-1242, S 1; Ord. No. 08-1273, S 1; Ord. #09-1309, S 1; Ord. No. 10-1349, S 1; Ord. #11-1379, S 1; Ord. #12-1404; Ord. #13-1432; Ord. #14-1463; Ord. No. 16-1536; Ord. No. 18-1564; amended 2-7-2019 by Ord. No. 19-1600; 3-19-2020 by Ord. No. 20-1634]
The purpose of this section is to establish: a) a fee schedule to defray the cost of operating the Kid Connection kindergarten enrichment programs; and b) registration requirements and priorities for the programs.
The following fees, registration requirements and priorities are hereby established for the Kid Connection kindergarten enrichment programs:
a. 
Kindergarten enrichment options:
1. 
Options:
Time Options
5 Days Per Week
A.M.
$6,900
P.M.
$6,900
2. 
Registration of children currently enrolled in Kid Connection programs will be taken first for the kindergarten enrichment options, and thereafter, registrations will be accepted as spaces are available.
b. 
Initial Registration Fee. A registration fee of $150 per child will be required at the time of registration. This is a nonrefundable fee.
c. 
Tuition. Tuition payments shall be due and made in 10 equal installments of $690, due on or before the first day of each month of the school year, with the first payment due on or before September 1.
1. 
For any child enrolled after the start of the program year, the first month's tuition shall be prorated and due on or before the first day of attendance. All remaining tuition payments shall be as set forth above.
2. 
If payments are not received by the 30th day of those months, the child will automatically be terminated from the program and lose his/her rights to any space in the program or any priority rights.
d. 
Termination of Participation in Program for Nonpayment and Late Fees. If payment is not received by the 30th day of the month, a child may not be permitted to continue participation in the program unless installment payments and late fees are made current. If tuition is not received by the 10th day of the month in which the installment payment is due, a $25 late fee will be charged; if payment is not received by the 20th day of the month in which the installment payment is due, an additional $10 will be charged for a total late fee of $35; and if payment is not received by the 30th day of the month, an additional $10 for a total late fee of $45 will be charged.
e. 
Reenrollment in Program. When a child's registration has, for any reason, been terminated, in order for a child to be reenrolled in a program all overdue payments, inclusive of tuition payments and late fees, shall be brought current and a new $150 registration fee shall be paid.
f. 
Alteration to the Financial Agreement. Following registration and the signing of the financial agreement, any deletion of days from, or reduction of hours in a child's registered schedule, or cancellation from the program, will require payment of a $250 administrative fee. All changes or cancellations must be submitted in writing.
g. 
Returned Checks. In the event a check is returned for nonpayment, payment thereafter, shall be made by certified check or cash. In addition, a $20 fee shall be charged in connection with each check returned for nonpayment.
h. 
Termination of Child in Program for Reasons Other Than Nonpayment. The Township reserves the right to terminate the financial agreement without a refund, if in the opinion of the Program Director, the child has developmental, behavioral, health or discipline problems which cause him/her to harm staff or other program participants or to disrupt the program.
i. 
Permitted Refunds. Except for the $150 registration fee, and the $25 payment processing fee, a full refund of tuition monies paid may be given if cancellation is made in writing 30 days before the program commences (in September) and a replacement can be enrolled. In the event a replacement cannot be enrolled within 30 days, no refund will be given.
j. 
Release from Installment Payment Schedule. Full installment payments shall be required unless a thirty-day prior written notice by the parent or guardian is given of intent to cancel registration. If a thirty-day written advance notice is given, the remaining installment will not be due.
k. 
Fee for Late Pickup. If a parent or guardian knows that he/she will be late in picking up his/her child and his/her designated drivers are unavailable, the parent or guardian should notify the school immediately. This procedure may only be implemented for emergencies, or unusual and unforeseen circumstances beyond one's control. This procedure shall not be implemented for delays resulting from foreseeable circumstances, such as rush hour traffic, congestion, road work, and business meetings running over schedule. Lateness which is due to foreseeable circumstances, or for which no notification is provided, will result in a fee of $25 for any part of any 15 minutes late and an additional $1 per minute after 15 minutes.
[1]
Editor's Note: Former section 2-18A, Montgomery Township Pre-K Program, containing portions of Ordinance Nos. 91-707, 92-733, 94-810, 95-828, 97-891, 00-1017 and 01-1025 was repealed by Ordinance No. 02-1057. For Pre-K programs, see section 2-18.
[Ord. #90-678, S 1]
Increased development in the Township and a shortage of volunteers strains the abilities of the Fire Departments and First Aid Squad to provide emergency services to Township residents. The Township Committee, therefore, deems it desirable and necessary to establish an Emergency Services Coordinating Committee to facilitate communications among the agencies providing emergency services in the Township and coordinate the strategies of these agencies in their long-range planning to meet facilities and equipment needs.
[Ord. #90-678, S 1]
There is hereby established in the Township the Emergency Services Coordinating Committee comprised of seven members as follows: One Fire Commissioner from each of the two fire districts in the Township to be selected by the Commissioners of the districts; the Fire Chief of District No. 1; the Fire Chief of District No. 2; the Captain and President of the First Aid Squad, the Chief of Police or his/her designee, and one member of the Township Committee as designated by the Mayor.
[Ord. #90-678, S 1]
With the exception of the Commissioners, all appointments shall be for a term of one year commencing each January 1. The terms of the Commissioners shall run from April 1 through March 31.
[Ord. #90-678, S 1]
The Police Chief or his/her designee shall be the Chairperson of the Emergency Services Coordinating Committee, and the Committee shall select its Vice-chairperson from among its members. The Emergency Services Coordinating Committee shall organize its activities in cooperation with the Township Committee.
[Ord. #90-678, S 1]
The Chairperson may invite the Borough of Rocky Hill to appoint a representative from its Borough Council, First Aid Squad and Fire Company to attend Emergency Services Coordinating Committee meetings and provide input on emergency services matters of mutual concern to the Township and Borough of Rocky Hill.
[Ord. #90-678, S 1]
The Emergency Services Coordinating Committee may seek assistance from Township officials and employees in the performance of its duties, as enumerated below.
[Ord. #90-678, S 1]
The duties of the Emergency Services Coordinating Committee are as follows:
a. 
Establish and maintain communications among the various agencies which provide emergency services in the Township and, in particular, the Police and Fire Departments and First Aid Squad.
b. 
Facilitate the provision of coordinated emergency services in the Township.
c. 
Coordinate the strategies of the respective departments and agencies providing emergency services in their long-range planning of facilities and equipment to promote the efficient and effective use of community resources.
[Ord. #90-693, S 1]
This section shall be known as the "Deferred Compensation Plan" of the Township of Montgomery.
[Ord. #90-693, S 1]
It is the intent and purpose of this section to:
a. 
Create a Deferred Compensation Plan for eligible employees ("Employees").
b. 
Give employees, in an equitable and uniform manner, the opportunity to supplement their retirement savings survivor benefits and take advantage of tax benefits.
[Ord. #90-693, S 1]
It is not intended by this section to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances. Except to the extent that same are inconsistent in which case the provisions of this section shall control.
[Ord. #90-693, S 1]
There is hereby established, in accordance with the provisions of this section, a Deferred Compensation Plan for the benefit of eligible employees.
[Ord. #90-693, S 1; Ord. #94-800, S 1]
DEFERRED COMPENSATION PLAN COORDINATOR
The Assistant Township Administrator will be responsible for the coordination of the Deferred Compensation Plan for the Township. In the absence or disability of the Assistant Township Administrator, the Finance Director will assume said responsibility.
ELIGIBLE EMPLOYEE ("EMPLOYEE")
Shall mean any permanent township employee who:
a. 
Is a member of the State sponsored Public Employees' Retirement System, or
b. 
On or before March 1, 1994 was employed by the Township and was a member of the State sponsored Police and Firemen's Retirement System.
FINANCIAL HARDSHIP
Shall mean:
a. 
A severe financial setback resulting from a sudden and unexpected illness or accident of a participant or a dependent of a participant, loss of the participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances, arising from events beyond the participant's control.
b. 
Financial hardship shall not include the need to send a participant's child to college, or the desire to purchase a home.
c. 
The Township will require substantial documentation as to need in each case. No other conditions will be defined under the term of financial hardship. Formal requests under this provision must be made directly to the Township Deferred Compensation Plan Coordinator identified herein.
GROUP FIXED ANNUITY
Shall be similar to a savings account for retirement money that earns greater interest than a regular bank savings account.
MULTI-FUND ANNUITY
Shall be annuities that offer a variety of investment choices, such as stocks, bonds, money markets, and other options.
PARTICIPANTS
Shall mean eligible employees who elect to enroll in the Deferred Compensation Plan or, in the case of employees who are members of a collective bargaining unit, when the plan has been made a part of the collective bargaining agreement.
[Ord. #90-693, S 1]
Montgomery Township will match on a current basis a participant's contribution into the elected annuity up to a maximum amount to be no greater than 2% of the participant's total annual compensation for regularly scheduled hours of work. Any other compensation, including payment for overtime work, shall not be included in the base from which the 2% is computed.
[Ord. #90-693, S 1]
a. 
Minimum. A minimum $10 per pay period contribution is required. In most cases, the $10 may be a combination of employer and employee contribution.
b. 
Maximum. Each participant may contribute as much as he/she wishes into his/her annuity account within the limits of Federal and State guidelines.
[Ord. #90-693, S 1]
a. 
A participant shall become vested in the plan with respect to contributions made by the Township of Montgomery, including earnings from those contributions, based on his/her years of service as follows:
1. 
Less than four years of service 0%.
2. 
Upon completion of four years of service 50%.
3. 
Upon completion of five years of service 100%.
b. 
A participant shall become immediately vested in the plan with respect to his/her own contributions and earnings from those contributions.
[Ord. #90-693, S 1]
Any employee who elects to participate in the plan shall, for vesting purposes alone receive credit for previous years of service as an employee of the Township of Montgomery. However, contribution will not be made for prior years of service.
[Ord. #90-693, S 1]
a. 
Enrollment. After the initial offering of enrollment by the Township, an eligible employee shall be given the opportunity to enroll in the plan twice a year.
b. 
Change of Contribution. An eligible employee shall be given the opportunity to change his/her amount of contribution twice a year.
c. 
Enrollment/Change Periods. The times reserved to allow new enrollments or changes in contribution levels shall be the first two weeks of April and October of each calendar year.
d. 
New Employees. At the time of obtaining permanent employment status, an employee may be enrolled in the plan.
e. 
Fund Withdrawals. Death, disability, retirement, or resignation from employment with Montgomery Township or financial hardship on the part of a participant, shall be the only cases in which funds may be withdrawn from the annuity accounts.
f. 
Financial Hardship Limitations. Withdrawal of funds shall not be permitted to the extent the hardship may be relieved by:
1. 
Reimbursement or compensation by insurance or other means;
2. 
Liquidation of the participant's assets, to the extent that liquidation itself would not cause severe financial hardship; or
3. 
Cessation of deferrals under the plan.
g. 
Charges:
1. 
Participants of the Multi-Fund Annuity Plan shall have an annual administrative charge and an asset charge levied against their contributions as set forth in the plan prospectus and/or contract. Asset charges will depend upon the investment vehicle chosen and will be deducted from the net asset value.
2. 
Withdrawal charges may apply depending upon the time and method of withdrawal.
3. 
There shall be no charge for the transfer of funds between multi-fund investment vehicles within this plan.
[Ord. #90-693, S 1]
Nothing herein contained shall prohibit the Township from establishing reasonable rules for administration of the Deferred Compensation Plan.
[Ord. #91-712, S 1; amended 11-1-2018 by Ord. No. 18-1595]
Pursuant to P.L. 1990, Chapter 105, there is hereby established a service charge for checks or other written instruments tendered to the Township which are returned for insufficient funds.
Whenever payment on an account owing to the Township is tendered by check, other written instrument, electronic funds transfer or electronic payment, which is returned for insufficient funds, stop payment or other reasons, there shall be a service charge of $ 20 collected and added to the amount due and owing on the account.
Whenever an account owing to the Township is for a tax or special assessment, the service charge authorized by this section shall be included on the list of delinquent accounts prepared for the enforcement of the lien.
Unless waived by the Chief Financial Officer, all future payments on the account owing to the Township for which a check, other written instrument, electronic funds transfer or electronic payment was returned shall be tendered in cash or by certified or cashier's check.
Checks and other written instruments issued by the Township shall be valid for a period of 180 days. The phrase "Void after 180 Days" shall be added to the face of all checks and other written instruments issued by the Township.
[Added 2-20-2020 by Ord. No. 20-1626]
When, pursuant to N.J.S.A. 54:5-29, a municipal taxpayer whose property is included in a tax sale notice seeks to pay the full amount advertised in the sale, including any interest on any other delinquencies, costs, and/or penalties, for the purpose of paying the amount due and having the property removed from the tax sale, all such payments must be made in cash, by certified check, cashier's check or by money order. Personal or uncertified checks will not be accepted.
[Ord. #94-811, SS 1-9; Ord. #96-860, SS 1-3]
a. 
Findings. The Township Committee finds that it is in the best interests of the health, safety and general welfare of the Township of Montgomery that the existing mutual police aid agreements be supplemented in order to provide for enhanced assistance by and to Montgomery Township emergency personnel to effectively deal with emergency situations both in Montgomery Township and in nearby municipalities.
b. 
Inter-municipal Agreement for Mutual Police and Fire Aid Authorized. Pursuant to N.J.S.A. 40:8A-1 et seq., the Township of Montgomery is authorized to enter into an inter-municipal agreement for police and fire aid, a true copy of which is attached hereto and made part hereof as subsection 2-22.1d.
c. 
Effective Date.[1] This subsection shall take effect upon final adoption and publication in accordance with the law.
[1]
Editor's Note: Subsection 2-22.1 was adopted as Ordinance No. 96-860 on March 27, 1996.
d. 
This mutual aid agreement ("agreement") is made and entered into by and between the Township of Montgomery, County of Somerset, a municipal corporation of the State of New Jersey, and each other participating municipality, as hereinafter defined. In consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. 
Definitions. As used in this agreement, the following phrases shall have the following meanings:
CHIEF OF POLICE
Shall mean the Chief of Police or other head of a municipal police department, or that person's designee.
EMERGENCY
Shall mean any situation or combination of situations which, in the opinion of the Chief of Police of a requesting municipality, requires the assistance of police or fire personnel, or both, from one or more participating municipalities to protect or promote the public safety or welfare, or to protect police or fire personnel.
FIRE CHIEF[2]
Shall mean the Fire Chief or other head of a municipal fire department, or that persons' designee.
PARTICIPATING MUNICIPALITY
Shall mean each municipal corporation of the State of New Jersey which has by ordinance entered into this or a substantially similar inter-municipal agreement for mutual police and fire aid.
REQUESTING MUNICIPALITY
Shall mean a participating municipality which has requested assistance pursuant to this agreement.
[2]
Editor's Note: It is acknowledged the Township of Montgomery does not, at the present time, maintain a municipal fire department. Rather, there are two separate fire districts within the Township of Montgomery governed by Boards of Fire Commissioners. If and when the Township of Montgomery establishes a municipal fire department, the provisions of this agreement shall pertain to that municipal fire department. Unless the Boards of Fire Commissioners for the fire districts serving Montgomery Township approve this agreement, this agreement is not intended to obligate the Boards of Fire Commissioners.
2. 
Purpose. It is to the mutual advantage and benefit of the participating municipalities that each agree to render supplemental police and fire assistance to any requesting municipality pursuant to this agreement.
3. 
Authority. Municipal corporations of the State of New Jersey are authorized under N.J.S.A. 40A:14-156 et seq. to provide police and fire assistance outside their territorial jurisdictions. Municipal corporations of the State of New Jersey are authorized under N.J.S.A. 40:8A-1 et seq. to enter into interlocal services agreements with other municipalities.
4. 
Scope. This agreement shall apply to every instance of fire or police emergency assistance between participating municipalities.
5. 
Inter-Municipal Assistance. The Chief of Police of each participating municipality is authorized to provide assistance to requesting municipalities, to the extent possible without endangering persons or property within the municipality rendering assistance. The members of each police department and fire department supplying aid shall have the same powers, authority, rights and immunities of the members of the police department or fire department of the requesting municipality while providing assistance to a requesting municipality.
6. 
Expenses. Each participating municipality shall assume the costs and expense of providing its personnel and equipment to the requesting municipality, except when the requesting municipality receives State or Federal aid by way of reimbursement. When State or Federal aid is received by the requesting municipality, each participating municipality shall certify its costs and expenses to the requesting municipality, and the requesting municipality shall pay the costs and expenses to each participating municipality to the extent necessary so that no participating municipality bears a greater proportion of unreimbursed costs and expenses than the requesting municipality.
7. 
Senior Ranking Officer. When police or fire assistance is requested pursuant to this agreement, the Chief of Police of the requesting municipality shall be the senior ranking officer of all members of any police department rendering assistance, and the Fire Chief of the requesting municipality shall be the senior ranking officer of all members of any fire department rendering assistance.
8. 
Injury and Death Benefits. Members of any police department or fire department who suffer injury while providing assistance pursuant to this agreement, or their legal representative if death results, shall be entitled to all of the benefits they would have received if injury or death had occurred in the participating municipality where their duties are normally performed. The participating municipality where their duties are normally performed shall provide such injury or death benefits.
9. 
Mutual Aid Operations Plan. The Mutual Aid Operations Plan promulgated by the Somerset County Chiefs of Police Association, prescribing the specifics of emergency reciprocal police and fire assistance, is hereby incorporated by reference without inclusion in this agreement.
10. 
Withdrawal from Agreement. Any participating municipality may withdraw from and terminate its part in this agreement at the end of any calendar year, provided that notice of its intention to terminate is given no later than the prior November 12 to every other participating municipality. Otherwise, the agreement shall remain in force from year to year.
11. 
Report to Governing Body. The Chief of Police and Fire Chiefs in each participating municipality shall annually, as soon after the end of the calendar year as practicable, furnish their respective governing bodies summary reports of services rendered and received under this agreement, along with comments and recommendations.
[1]
Editor's Note: Former Subsection 2-22.2, Award of Contracts for Goods and Services Exempt from Public Bidding Requirements Whose Value Exceeds $17,500, was repealed 12-7-2023 by Ord. No. 23-1712. Prior history includes Ord. No. 03-1084, Ord. No. 03-1111, Ord. No. 13-1430, and Ord. No. 20-1628.
[1]
Editor's Note: Former Subsection 2-22.3, Award of Redevelopment Agreements Under the Local Redevelopment and Housing Law, was repealed 12-7-2023 by Ord. No. 23-1712. Prior history includes Ord. No. 06-1234.
[Ord. #13-1434; Ord. No. 15-1500; Ord. No. 17-1547]
a. 
Program Renewal and Continuation. The Township of Montgomery ("Township") hereby renews and continues its Government Energy Aggregation Program ("Program"), originally established by Ordinance No. 13-1434 and subsequently renewed and continued by Ordinance No. 15-1500, in accordance with the provisions of the Government Energy Aggregation Act, N.J.S.A. 48:3-93.1 et seq. ("Act") and the rules of the New Jersey Board of Public Utilities, N.J.A.C. 14:4-6.1 et seq. ("BPU rules"). The type of Program shall continue to be an "Option 2" Government-Private Energy Aggregation Program, as defined by N.J.A.C. 14:4-6.4 and 6.6, which provides the procedures that a municipality must follow to solicit proposals and enter into a contract for the provision of electric generation service for residential customers (who do not opt-out) within the municipality's geographic boundaries, and shall continue to be known as the "Montgomery Community Energy Aggregation" ("MCEA"). The Township shall continue to serve as Lead Agency of the MCEA and as such, shall manage said Program in accordance with the BPU rules.
b. 
Electric Distribution Aggregation Agreement. As Lead Agency of the Program, and consistent with BPU rules and Ordinance No. 13-1434, on or about June 6, 2013 the Township executed an Electric Distribution Aggregation Agreement ("Agreement") with Public Service Electric and Gas ("PSE&G"), the electric public utility serving customers within the Township's boundaries. The Agreement covers the working relationship between the Township and PSE&G during the establishment and operation of the Program. To the extent necessary, the Township shall renew this Agreement to ensure its effectiveness during the Program, as continued herein. Any such renewal of the Agreement shall be in a form acceptable to the Township and as dictated by the BPU rules.
c. 
Soliciting Proposals; Contracting with a TPS. As Lead Agency of the Program, and consistent with BPU rules, the Township shall solicit proposals from Third Party Suppliers ("TPSs") interested in supplying electric generation service to participating customers within the Township's boundaries under a Round 3 of the MCEA Program, and award and enter into a master performance agreement for such electric generation service and energy aggregation services with a TPS, provided that the price of the most qualified proposal is below the prevailing price for utility-provided basic generation service and is as reasonably forecast and estimated by the Township Committee to provide savings to participants (relative to the utility-provided generation service). The specifications and resulting contract shall comply with BPU rules governing same and consistent therewith, the Township shall select the most advantageous proposal, price and other factors considered.
d. 
Effective Period. The authorization provided to the Lead Agency shall be valid until December 31, 2019 (the "Effective Period"), at which time the MCEA will be subject to renewal at the discretion of the Township Committee.
[Ord. #96-873, S 1]
The Township Committee hereby finds:
a. 
Despite limited athletic facilities within the Township, thousands of Township adults and children participate in various youth and athletic leagues. Through effective coordination of league activities, the use of these limited facilities can be maximized.
b. 
The health, safety and welfare of the children and adults who participate in league activities and play on Township recreation facilities are enhanced by:
1. 
Proper and coordinated maintenance of athletic fields and other facilities; and
2. 
Continuous training of coaches, managers, and other volunteers.
c. 
It is in the best interests of the general health, safety and welfare of Township residents to promote and expand athletic opportunities for all Township residents.
The Township Committee, therefore, deems it desirable and necessary that a panel be formed to coordinate, facilitate and promote adult and youth athletic activities in the Township.
[Ord. #96-873, S 1]
There is hereby established in the Township the Montgomery Panel of Leagues for Adults and Youth which shall be known as "Montgomery P.L.A.Y."
[Ord. #96-873, S 1]
The members of Montgomery P.L.A.Y. shall be the Montgomery Township Recreation Director, the Montgomery Township Public Works Director, the Montgomery Township Schools Athletic Director, and one representative each from the following organizations to be designated by the organization: Montgomery Township Baseball League, Inc., Montgomery Township Soccer League, Montgomery Township Basketball League, Montgomery Township Lacrosse League, Montgomery Township Ice Hockey League, Male Adult Softball League, Female Adult Softball League, or any successor organization to the aforenamed organizations. In addition, if subsequent to the date of enactment of this section, new adult or youth athletic leagues are established in the Township for sports such as but not limited to football, which are not included in the aforesaid membership, such leagues shall also be represented on Montgomery P.L.A.Y. and shall designate a representative of their organization as aforesaid to be a member of Montgomery P.L.A.Y. without the need for further amendment of this subsection.
[Ord. #96-873, S 1]
The Montgomery Township Recreation Director shall serve as the chairperson of Montgomery P.L.A.Y. The vice-chairperson shall be selected from among members of Montgomery P.L.A.Y. by the members.
[Ord. #96-873, S 1]
The duties of Montgomery P.L.A.Y. are as follows:
a. 
Promote youth and adult athletic activities in the Township;
b. 
Facilitate coordination and sharing among different users of athletic facilities within the Township, including but not limited to fields, courts, storage space, and concession stands;
c. 
Facilitate the sharing of multi-purpose athletic equipment, e.g., field lining equipment;
d. 
Publicize league programs, special events, and other newsworthy league items;
e. 
Disseminate information concerning program registration, team assignments, equipment and apparel distribution, fees and event scheduling, including cancellations and postponements;
f. 
Promote safe play through training of managers, coaches, and other volunteers;
g. 
Cooperate with field and facility maintenance and improvement efforts;
h. 
Undertake proactive searches for and evaluations of additional athletic facilities;
i. 
Recommend and promote new athletic programs in the Township;
j. 
Develop coordinated and fair fund-raising strategies to maximize contributions and minimize multiple solicitations of potential donors and conflicts among various leagues.
[Ord. #96-882, S 1]
There is hereby established in the Township, the Board of Fire Prevention composed of the Chief of Montgomery Volunteer Fire Co. No. 1, the Chief of Montgomery Volunteer Fire Co. No. 2, one member of the Commissioners of Fire District No. 1 to be selected by said Commissioners, one member of the Commissioners of Fire District No. 2 to be selected by said Commissioners, one member of the Township Committee to be appointed by it, the Township Administrator and one member of the public to be selected from the business community of Montgomery by the Township Committee. The Township Committee member and the public member shall serve for a term of one year commencing each January 1, or until their successors are appointed and qualified. The terms of the Commissioner members shall be determined by their respective Commissions.
[Ord. #96-882, S 1]
The duties of the Board of Fire Prevention are as follows:
a. 
Coordinate fire fighting resources between the Fire districts and fire companies in the Township;
b. 
Establish fire prevention education programs for businesses, residents and schools in the Township;
c. 
Provide assistance to the Fire Subcode Official in the review of development applications for appropriate location of fire hydrants, underground water storage tanks, fire lanes, and siamese connections, and appropriate circulation and access for fire fighting equipment;
d. 
Investigate new fire fighting and fire prevention technologies, equipment and other resources and strategies and make recommendations to the Fire Official and Township Committee concerning their use in the Township;
e. 
Approve modifications to the standards for paving markings of fire lanes as provided for in subsection 3-11.6.
[Ord. #97-894, S 1]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay any claim in excess of $2,500 for fire damages to real property located within the Township until such time as:
a. 
Official Certificate of Search. (i) All taxes, assessments and other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company as provided in N.J.S.A. 17:36-1; and (ii) the insurance company receives an official certificate stating that there is no demolition required on the property or, alternately, that the costs of demolition have been paid. If the demolition has not yet occurred on the date of receipt by the request for execution of the certificate required by this section, the insured shall provide on that certificate an estimate of the anticipated costs of demolition. The insurer on notice to the insured shall pay the anticipated cost of demolition to the Township which shall hold the funds in an interest-bearing escrow account in a State or Federally chartered bank, savings bank or savings and loan association in this State as a guarantee that the demolition will be accomplished according to law.
Any request, pursuant to this section for an official certificate of search for municipal liens shall specify that the search concerns fire-damaged property; or
b. 
Resolution. The municipality submits to the insurance company a certified copy of a resolution adopted pursuant to subsection 2-25.2.
[Ord. #97-894, S 1]
The Township Committee may by resolution enter into an agreement with the owner of any fire-damaged property situated in the Township to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of a tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes of New Jersey, if the Township Committee is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property or, alternately, if the full estimated cost of demolition has been paid to the municipality or the damaged structure has been demolished in accordance with law. In the event of such a resolution being adopted, a certified copy of said resolution shall be sent to the insurance company authorizing the insurance company to make full payment on the claim to be insured.
[Ord. #97-894, S 1]
The official certificate of search may from time to time be altered by the bonded official responsible for preparing such certificates in order to cancel any error or omissions or to add any municipal liens or related charges due and payable subsequent to the preparation of the official certificate.
[Ord. #97-894, S 1]
In the event that an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable to the court of record, to be held by the court in an interest-bearing escrow account in a banking institution or savings and loan association in the State, in an amount totaling 75% of the full amount of the lien or charge being contested, but not to exceed the proceeds payable under its insurance policy, and the insurance company shall issue a draft payable to the Township for the remaining 25% of the lien or charge being contested, with the full amount paid by the insurance company to the court and the Township not to exceed the proceeds payable under its insurance policy pending termination of all proceedings, at which time such moneys and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in the State shall be disbursed in accordance with the final order of judgment of the court.
[Ord. #97-894, S 1]
Any claim on behalf of the Township made in accordance with the provisions of this section and N.J.S.A. 17:36-8 et seq., shall be paramount to any other claims on the proceeds of the fire insurance policy, except the claim of a holder of a mortgage in the fire-damaged property where the fire insurance policy at the time of the loss listed the mortgagee as a named insured, in which event the claim of the mortgagee to the proceeds shall be paramount to the municipal lien only to the extent of the amount due and payable to the mortgagee under the mortgage contract.
[Ord. #97-894, S 1]
All fire insurance policies covering property within the Township issued or renewed after the adoption of this section and the filing of a copy of this section with the State Commissioner of Insurance shall be subject to the provisions of this section.
[Ord. #97-909, S 1; Ord. #02-1051]
There is hereby established in the Township the License Appeals Board comprised of three members as follows: one member of the Board of Fire Prevention, one member who has experience in or knowledge of police duties and responsibilities, and a resident of the Township who may, but need not, be an official or employee of the Township.
[Ord. #97-909, S 1]
The appointments of all members shall be for terms of one year commencing each January 1. The Township Committee shall make all appointments.
[Ord. #97-909, S 1]
The License Appeals Board shall select a Chairperson and a Vice-Chairperson from among its members. The presence of two members shall constitute a quorum of the License Appeals Board.
[Ord. #97-909, S 1; Ord. #99-974, S 2]
The powers of the License Appeals Board are as follows:
a. 
Conduct appeals pursuant to subsection 4-1.9 of this Code on the denial or revocation of licenses issued pursuant to section 4-1, Peddling, Soliciting and Related Activities of this Code;
b. 
Conduct appeals pursuant to subsection 4-3.8 of this Code on the suspensions and failure to issue permits issued pursuant to section 4-3, Private Entry Alarm Systems of this Code;
c. 
Conduct appeals pursuant to subsection 4A-2.4 of this Code concerning the denial, suspension or termination of an official tower license;
d. 
Make recommendations to the Township Committee for modifications of sections 4-1, Peddling, Soliciting and Related Activities, and 4-3, Private Entry Alarm Systems, of this Code.
[Ord. #97-913, S 1]
The owners of Princeton Airport and the Township of Montgomery entered into a Settlement Agreement which, among other things, provided for the creation of an Airport Advisory Committee and is binding upon the parties' heirs, successors and assigns. The Township Committee, therefore, deems it necessary and appropriate to establish the Airport Advisory Committee in accordance with the Settlement Agreement.
[Ord. #97-913, S 1]
As used in this Section 2-27:
AIRPORT
Shall mean Princeton Airport, a general aviation airport located within the Township;
PRINCETON AERO CORP.
Shall mean the owners of Princeton Airport and shall also mean any successor entity to Princeton Aero Corp.
SETTLEMENT AGREEMENT
Shall mean the agreement in settlement of litigation dated May 16, 1996 between the Township of Montgomery and Princeton Aero Corp., a true copy of which is maintained in the office of the Township Clerk, together with any amendments thereto.
[Ord. #97-913, S 1]
There is hereby established in the Township the Airport Advisory Committee which shall be comprised of seven members. In accordance with the Settlement Agreement, Princeton Aero Corp. and Township Committee shall each appoint one resident of the Township living within five miles of the Airport, one resident of the Township living within one mile of the Airport and one person, not necessarily a resident of the Township who has demonstrated broad familiarity with general aviation. The aforesaid six members shall choose as the seventh member any citizen of the State of New Jersey who has demonstrated leadership ability and the willingness to work on cooperative problem resolution. The Airport Advisory Committee shall annually select its Chairperson and Vice-Chairperson from among its members, and to the extent reasonably possible, the holders of these positions shall alternate between the appointees made by Princeton Aero Corp. and those made by the Township.
[Ord. #97-913, S 1]
Except for initial terms, the terms of all members shall be three years. Initially, one of the three members appointed by Princeton Aero Corp. and one of the three members appointed by the Township shall serve for a period of one year; and one of the three members appointed by Princeton Aero Corp. and one of the three members appointed by the Township shall serve for a period of two years. Upon appointment, Princeton Aero Corp. and the Township shall designate which of their representatives shall serve for the initial one and two year terms. All appointments, including initial appointments shall be effective January 1 of the calendar year in which made.
[Ord. #97-913, S 1]
Meetings of the Airport Advisory Committee shall be held on an "as needed" basis, but initially, shall be held quarterly. All meetings shall be open to the public, and minutes shall be kept of the Airport Advisory Committee's meetings. It is unnecessary to provide sound recordings or verbatim transcripts of the meetings. Meetings shall be held in a location convenient to citizens of the Township such as the Airport or Municipal Building. Notice of date, time and location of meetings shall be provided by listing with the Township Clerk, and posting on bulletin board in the Municipal Building where such notices of public meetings are customarily posted. A quorum of the Airport Advisory Committee consists of at least two members appointed by Princeton Aero Corp. and two members appointed by the Township. All actions of the Airport Advisory Committee shall be taken by a majority vote of the quorum present for the meeting, and all votes shall be recorded in the minutes.
[Ord. #97-913, S 1]
A member who fails to attend three consecutive meetings shall be considered to have resigned from the Airport Advisory Committee, unless that member can demonstrate good cause to the reasonable satisfaction of a majority of the remaining members of the Airport Advisory Committee for the member's absences. A member of the Airport Advisory Committee may also be removed by his/her appointing authority for cause. Any vacancy not created by expiration of term shall be filled for the unexpired term in the same manner as the original appointment.
[Ord. #97-913, S 1]
The duties of the Airport Advisory Committee are:
a. 
To review and make recommendations concerning the Airport's General Operating Rules and Facility Management Standards as set forth more fully in Sec. 11.02 of the Settlement Agreement;
b. 
To review and make recommendations concerning standards for pilot discipline as set forth more fully in Sec. 11.02 of the Settlement Agreement;
c. 
To serve as a forum to hear and evaluate any issue brought before the Airport Advisory Committee, and to develop by-laws and procedures for addressing any such issues as set forth more fully in Sec. 11.02 of the Settlement Agreement;
d. 
To address complaints and comments as set forth more fully in Sec. 11.03 of the Settlement Agreement;
e. 
To participate in a Pilot Discipline Program as set forth more fully in Sec. 11.04 of the Settlement Agreement;
f. 
To review noise abatement plans as set forth more fully in Sec. 11.06 of the Settlement Agreement;
g. 
To file an annual report with Princeton Aero Corp. and the Township concerning its activities for the previous year;
h. 
To perform such other tasks as may, from time to time, be jointly requested by Princeton Aero Corp. and the Township.
[Ord. #03-1093, S 1]
The Township Committee hereby finds that it is in the interests of the health, safety and welfare of the residents of Montgomery Township to establish an Agricultural Advisory Committee as authorized by N.J.A.C. 2:76-17.4. The creation of an Agricultural Advisory Committee enables the Township to obtain farmland preservation planning incentive grants for the purpose of preserving significant areas of reasonably contiguous farmland that will promote long term economic viability of agriculture as an industry in Montgomery Township.
[Ord. #03-1093, S 1; Ord. #06-1239, S 1]
There is hereby established in the Township the Agricultural Advisory Committee. The Agricultural Advisory Committee shall be comprised of five members, who shall be residents of Montgomery Township. At least three of the members shall be actively engaged in farming and own a portion of the land they farm. Members of the Agricultural Committee shall be appointed by the Mayor with the consent of the Township Committee. On an annual basis, the Mayor may appoint, with the consent of the Township Committee, a member of the Governing Body to serve as a liaison to the Agricultural Advisory Committee. The appointed liaison shall have no voting power and shall serve as an advisor to the Committee. In addition, on an annual basis, the Mayor may designate other interested persons, who may or may not be residents, to serve as advisors to the Committee. Such advisors shall have no voting power.
[Ord. #03-1093, S 1; Ord. No. 06-1239, S 1]
The terms of the members appointed as of January 1, 2007 shall be distributed as follows: one member for a term of one year; two members for terms of two years; and two members for terms of three years. Thereafter, the term of each member shall be for three years.
[Ord. #03-1093, S 1; Ord. No. 1239, S 1]
The Agricultural Advisory Committee shall select a Chairperson and Vice Chairperson from among its members. The presence of three members shall constitute a quorum of the Agricultural Advisory Committee. The Committee shall set its meeting schedule as required to conduct its business.
[Ord. #03-1093, S 1; Ord. #06-1239, S 1]
The Agricultural Advisory Committee shall:
a. 
Identify project areas of multiple farms that are reasonably contiguous, make recommendations regarding their eligibility and desirability for planning incentive grants to the Planning Board, and provide such other information required to complete grant applications.
b. 
Assist with the preparation and maintenance of the Farmland Preservation Plan Element of the Township Master Plan.
c. 
Become familiar with grant opportunities available through government agencies and other sources; and assist the Township and members of the farming community with identifying those grant opportunities for which they may be eligible.
d. 
Provide the Township Committee, the Planning Board and the agricultural community with advice and assistance on issues relating to farmland preservation, the furtherance of the goals and objectives of the Farmland Preservation Plan and the development of the agricultural industry in Montgomery Township, to include, but not be limited to, the following:
1. 
Organize a communication network among members of the agricultural community and other interested people;
2. 
Keep informed of Federal and State legislation that affects farming operations and advise the Township Committee and the farming community;
3. 
Advise the Township Committee of the effects of various issues, including zoning regulations, on the farming community with a view toward ensuring farmer friendliness;
4. 
Facilitate, as necessary, the interaction of members of the agricultural community with Township officials;
5. 
Alert members of the agricultural community to educational opportunities;
6. 
Conduct forums to inform and bring together members of the agricultural community; and
7. 
Monitor the supply of land available for farming and attempt to connect owners of land with farmers.
e. 
Perform other agricultural related tasks as requested by the Township Committee or Planning Board.
f. 
Perform any other related task that may be authorized by Subchapter 17, Planning Incentive Grants of N.J.A.C. 2:76, or successor regulation.
[Ord. #06-1239, S 1]
A vacancy in membership occurring otherwise than by expiration of term shall be filled for the unexpired term only.
[Ord. #05-1202, S 1]
There is hereby established the Montgomery Township Landmarks Preservation Grant Program.
[Ord. #05-1202, S 1]
As used in this section, the following words and phrases shall have the following meanings:
ELIGIBLE OWNER
Shall mean the owner of an eligible structure.
ELIGIBLE PROJECT OR PROJECT
Shall have the same meaning as set forth in paragraph b1 of subsection 2-29.4 below.
ELIGIBLE STRUCTURE
Shall have the same meaning as set forth in paragraph a of subsection 2-29.4 below.
HISTORIC CEMETERY
Pursuant to N.J.S.A. 40:10B-3, a cemetery not owned by the state, a county, municipality, or religious corporation or association, in which are interred the remains of prominent citizens or residents of the state or of the Colony of East Jersey or the Colony of West Jersey, or veterans of the Colonial Wars, the War of Independence, the War of 1812, the Mexican-American War, the Civil War, the Spanish-American War, or World War I, in which not more than 10% of the interments have been made after 1880, in which no interment has been made for 50 years, and for which no funds are available for regular maintenance or preservation.
[Added 12-2-2021 by Ord. No. 21-1673]
HISTORIC DISTRICT
Shall have the same meaning as set forth in section 16-13 of this Code.
HISTORIC SITE
Shall have the same meaning as set forth in section 16-13 of this Code.
LANDMARKS COMMISSION
Shall refer to the Landmarks Preservation Commission created by section 16-13 of this Code.
PROGRAM OR GRANT PROGRAM
Shall mean the Montgomery Township Landmarks Preservation Grant Program established by this section.
REIMBURSABLE MATERIALS
Shall have the same meaning as set forth in paragraph b2 of subsection 2-29.4 below.
STRUCTURE
Shall have the same meaning as set forth in section 16-13 of this Code.
[Ord. #05-1202, S 1]
The preservation of historic sites and historic districts within the Township is vital to the education of the Township's residents and continuity of the Township's rich heritage. Property owners who have allowed their structures to be designated as an historic site or included within an historic district in accordance with section 16-13 of this Code have also voluntarily agreed to subject themselves to an additional level of review before they undertake any additions, alterations or replacements of their structures. The program is intended to offset the cost of the repair, preservation and restoration of the existing historic features of these structures. Through the provision of financial incentives and assistance to the owners of structures of historic sites or structures within historic districts, the Township promotes the continued preservation of these historic sites and historic districts.
[Ord. #05-1202, S 1]
a. 
Structures Eligible for Funding; Exceptions.
1. 
Structures that have been designated as historic sites or included within historic districts in accordance with section 16-13 of this Code are eligible for the program.
2. 
Structures that have been designated as historic sites or included within historic districts in accordance with section 16-13 of this Code and that are owned by Township employees and members of the Landmarks Commission, Township Committee, Planning Board and Zoning Board are not eligible for the program.
b. 
Projects Eligible for Funding.
1. 
Projects eligible for the receipt of funding shall be limited to those involving the repainting, repair and/or exact replacement of:
(a) 
Existing exterior elements of an eligible structure; and/or
(b) 
Significant structural elements of an eligible structure.
2. 
Only the cost of the materials to be used to undertake an eligible project, including but not limited to roofing, flashings, gutters, windows, siding and trim materials, will be eligible for funding through the program. Depending upon the availability of funds and competition among eligible owners, grants may be awarded for some, all, or none of the requested sums.
c. 
Historic cemeteries eligible for funding; exceptions.
[Added 12-2-2021 by Ord. No. 21-1673]
1. 
An historic cemetery not owned by the state, a county, municipality, or religious corporation or association, and for which no funds are available for regular maintenance or preservation are eligible for grants up to $500 per year.
2. 
An historic cemetery owned by the state, a county, municipality, or religious corporation or association, or historic cemeteries for which funds are available for regular maintenance or preservation are not eligible.
[Ord. #05-1202, S 1]
a. 
Grant Applications. The Landmarks Commission will accept applications from eligible owners on an annual basis and in accordance with the following:
1. 
Applications will first be evaluated for eligibility and completeness.
2. 
Each application shall contain sufficient information to ensure that the Landmarks Commission is able to conduct an adequate and thorough review.
3. 
Incomplete applications will not be eligible for review.
4. 
Applications shall be on forms provided by the Landmarks Commission and must in all cases contain at least:
(a) 
A statement of the significance and condition of the eligible structure.
(b) 
A description, justification and statement of need for the project.
(c) 
Cost estimates for the reimbursable materials.
(d) 
Photographic and other documentation.
(e) 
A schedule for project completion.
(f) 
The names and addresses of all owners of the structure for which the grant is requested.
b. 
Criteria for Review and Ranking of Grant Applications.
1. 
To determine priority for grant funding, all applications for eligible projects for a given year shall be ranked on the basis of the following competitive criteria:
(a) 
Historic Importance. Historic importance or significance, which shall involve consideration of the degree to which an eligible structure is historically, archaeologically or culturally significant in the Township, under the evaluation criteria for the designation of historic sites and historic districts under subsection 16-13.15 of this Code.
(b) 
Impact on Neighborhood. Impact of the project on the neighborhood and community, including the potential of the project to promote investment in and/or awareness of cultural and historic assets.
(c) 
Urgency for Repair. The physical condition of the eligible structure, including but not limited to deterioration requiring stabilization and/or imminent threat of the loss of historic elements.
(d) 
Overall Quality of Project. The overall quality of the project, including but not limited to the following:
(1) 
The historic accuracy of the project;
(2) 
The authenticity of the materials to be used in completing the project;
(3) 
The project's preservation of existing historic elements;
(4) 
A realistic and feasible budget for the reimbursable materials; and
(5) 
A realistic and feasible schedule for the project.
(e) 
Impact of Grant on Project. The degree to which the grant will have a material impact on the viability of the project.
2. 
In determining the priority for grant funding, there shall be a value accorded to each of the five foregoing criteria. The weight accorded to each criterion for any given year shall be established by the Landmarks Commission and made available to eligible owners before the receipt of applications for that year.
c. 
Awards and Project Agreements.
1. 
The Landmarks Commission will make recommendations for a grant or grants based on the applications and the availability of funds.
2. 
The Township Committee will review the Landmarks Commission's recommendations and determine whether to accept the Landmarks Commission's recommendations and make the award(s).
3. 
Each successful applicant, if any, will be required to execute a Project Agreement with the Township Committee outlining the respective responsibilities of the parties and in particular, the amount of the grant, the project completion date and the scope of the project.
4. 
Funding will be made available to a successful applicant upon the successful applicant's completion of the work in accordance with the Project Agreement and submission to the Landmarks Commission evidence that the project has been completed as agreed, and thereafter upon the Landmarks Commission's verification that the project has been completed as agreed.
[Ord. #05-1202, S 1]
The provision of funding as described in this section is subject to the Township Committee's annual appropriation of funds for the program.
[Ord. #06-1211, S 1]
There is hereby established in the Township of Montgomery an Employee Efficiency Incentive Program (Program), the purpose of which is to enhance municipal services, save taxpayer money, enhance municipal employee morale, and to secure for the Township of Montgomery and its taxpayers the maximum benefit from the conservation of Township resources. The Program recognizes that the employees of the Township represent an unlimited source of ideas for better ways to serve the public. Monetary awards are intended to offer a significant efficiency incentive for employees to become involved in the creative process and to amplify the capabilities of management. The Program recognizes that every employee will, by identifying problems and providing possible solutions, become in a very real sense a part of the creative management team of the Township. This Program is subject to ongoing review and monitoring as to its administrative costs and effectiveness; and may be modified or terminated.
[Ord. #06-1211, S 1; Ord. #09-1319, S 1]
a. 
Cost savings/cost avoidance refers to the actual monetary savings (i.e., reduction in spending within a departmental budget) generated by reason of an employee suggestion; provided, however, that the decreased expenditure does not result in a diminution of Township services or create a greater adverse environmental impact than the original procedure.
b. 
A suggestion is a definite, constructive, original idea or a new application of an existing idea or procedure, submitted in writing by one or more eligible Township employees, which is intended to increase productivity, conserve Township resources, increase efficiency, and reduce Township costs. Increases in revenue resulting from increasing existing fees will not be considered eligible as suggestions under the Program.
c. 
Eligible employees are all Township employees, whether full-time or part-time (with the exception of Department Heads, including the Township Administrator, for whom there is a separate Program) are eligible to submit suggestions. There is no limit to how often an employee or group may receive an award, but each suggestion may result in only one award. Employees may nominate other employees for suggestions submitted by those other employees; such nominations will only be accepted from Township officers or employees.
d. 
Savings Amount. In order to be eligible for an award, the cost savings or cost avoidance must result in actual dollar savings of at least $1,000 during the first year after implementation of the suggestion.
e. 
Award. Employees whose suggestions result in actual dollar savings or cost avoidance of at least $1,000 during the first year of implementation shall receive 20% of the actual dollar savings for that year; provided, however, that no award, individual or joint, shall exceed $10,000. The Program shall be organized so that to the greatest extent practical, all award payments shall be made in full during the month of December, or as soon thereafter as possible. In the case of a suggestion jointly submitted by two or more employees, the award will be divided equally among the member employees. Although suggestions may and should be submitted at any time during the year, it is the intent of the Township to distribute award payments during December. In the event a particular suggestion results in actual dollar savings in excess of $1,000 prior to the expiration of the one-year period after implementation, the Township Committee, in its sole discretion, may determine to pay all or part of the 20% prior to December.
[Ord. #06-1211, S 1]
a. 
Name. In accordance with N.J.S.A. 40A:5-31, the official name of the Efficiency Incentive Committee is the Public Employees' Awards Committee. The Committee shall be commonly known as the Efficiency Incentive Committee.
b. 
Membership. The Efficiency Incentive Committee shall consist of five persons who are officers, employees, or members of the Governing Body of the Township. Two shall be appointed for terms of three years, two for two years, and one for one year, and thereafter appointments shall be made for terms of three years.
c. 
Appointments. The members of the Efficiency Incentive Committee shall consist of:
1. 
One member of the Township Committee appointed by the Mayor.
2. 
Two Department Heads appointed by the Township Administrator.
3. 
Two non-Department Head staff from different departments appointed by the Township Administrator.
The Chief Financial Officer shall be an ex officio member with no vote.
d. 
Authority. The Efficiency Incentive Committee shall function as provided in N.J.S.A. 40A:5-31 and shall adopt and promulgate rules and regulations, and amend them from time to time as may be necessary, for the conduct and operation of the Program. The rules and regulations shall be consistent with the requirements and purposes of this section 2-30 and shall be as deemed necessary and appropriate for the proper administration of this Program. Copies of the rules and regulations will be available to all employees in the office of the Township Clerk and/or may be placed on the Township's web site.
e. 
General Procedures of the Efficiency Incentive Committee. The Efficiency Incentive Committee shall establish procedures which will encourage participation in the Program, and will schedule regular meetings in order to review suggestions which have been received. Although the Efficiency Incentive Committee may establish specific methods for rating suggestions and may consult with various experts or other individuals to assist in its assessment, evaluation and determinations concerning suggestions shall be based upon the criteria set forth in this section 2-30. Upon completion of review by the Efficiency Incentive Committee, its recommendations shall be submitted in writing to the Township Committee for final determination with respect to award recipients. Such determinations shall be within the sole discretion of the Township Committee and shall be final.
[Ord. #06-1211, S 1]
All monetary awards granted pursuant to the Employee Efficiency Incentive Program will be charged to the budget of the department(s) which benefit from the adopted suggestion(s).
[Ord. #06-1211, S 1]
The Employee Efficiency Incentive Program shall not be construed to change or otherwise modify the terms of any collective bargaining Agreement existing between the Township of Montgomery and any duly organized employee union.
[Ord. #06-1211, S 1; Ord. #09-1319, S 2]
It is anticipated that Department Heads will demonstrate leadership in the development of realistic budget proposals, and will encourage their staff to remain vigilant with respect to cost savings, cost avoidance and increased efficiency throughout the year. Department Heads shall be eligible for awards based upon the actual funds, as determined by the Township Committee at the end of the first fiscal year of implementation, that were not expended as the result of savings and/or efficiencies generated in one or more departments, whether through the efforts of the employees and/or Department Head(s). Awards shall be in an amount equivalent to 10% of the actual savings, as described above, provided that no award shall exceed $10,000 or 1/3 of the award recipient's annual base salary. If more than one department is involved in a particular saving or cost reduction effort or project, the Township Committee shall determine the allocation of the award(s). All award determinations shall be within the sole discretion of the Township Committee and shall be final.
[Ord. #06-1211, S 1]
Awards paid to Township employees shall not be considered in calculations of base compensation and shall not be included for purposes of computing a retirement allowance under the applicable public retirement system.
[Ord. #08-1298, S 1]
The purpose of this section is to foster openness in government and provide citizens with information concerning various volunteer municipal positions within the Township of Montgomery. This section further establishes a process by which a resident may indicate his or her interest in serving in a volunteer municipal position.
[Ord. #08-1298, S 1]
As used in this section:
APPOINTED MUNICIPAL POSITION
Shall mean any appointed position within the municipal government of the Township of Montgomery that is established by statute, regulation, ordinance, resolution or other authority, such as, without limitation, membership on the Planning Board or Board of Health.
APPOINTING AUTHORITY
Shall mean the official or governmental body that, by virtue of statute, regulation, ordinance, resolution or other law, has the authority to appoint an individual to hold a particular appointed municipal position.
MUNICIPAL PUBLIC SERVICE VOLUNTEER FORM
Shall mean the form described in subsection 2-31.5 of this section.
[Ord. #08-1298, S 1]
The Township Clerk shall cause a roster of appointed municipal positions to be prepared and maintained. Such roster shall be made available on the Township's website at Clerk's office and shall contain the following:
a. 
Name of municipal board, commission or committee;
b. 
Statutory regulatory code, ordinance, resolution or other authority, if applicable, for establishment of the municipal board, commission or committee;
c. 
Length of term for the appointed municipal position;
d. 
Name of person currently holding appointed municipal position(s) and expiration or his or her term;
e. 
To the extent known, the general frequency of meetings conducted by the appointed board, commission or committee;
f. 
Vacancies, if any;
g. 
Whether members of the board, commission or committee are required to submit a financial disclosure statement pursuant to the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and
h. 
The information listed above for elected officials of the Governing Body.
[Ord. #08-1298, S 1]
In addition to maintaining the roster required in subsection 2-31.3 above to identify vacant appointed municipal positions, between November 1 and November 30 of each year, the Township Committee, through the Township Clerk, shall issue a general invitation to Township residents to complete a municipal public service volunteer form if they wish to be considered for appointments to be made in January of the following year. Such invitation must be disseminated through the Township newsletter, website or in such other manner as the Clerk, in his or her discretion, deems advisable.
[Ord. #08-1298, S 1]
Township residents interested in serving in appointed municipal positions may submit municipal public service volunteer forms containing the following information to the Township Clerk;
a. 
Name;
b. 
Address;
c. 
Telephone number;
d. 
Email address;
e. 
Appointed municipal position(s) sought;
f. 
Expression of interest or experience.
A municipal public service volunteer form filed in the office of the Township Clerk shall be deemed a public record; except that any person filing such a form may have the option of keeping his or her telephone number and private email address confidential by checking a box designated for such purpose on the municipal public service volunteer form.
Municipal public service volunteer forms may be submitted at any time to the Township Clerk, who shall maintain such forms in accordance with applicable records retention requirements and policies.
[Ord. #08-1298, S 1]
The appropriate appointing authority shall review municipal public service volunteer forms when vacancies in an appointed municipal position for which the appointed authority is responsible occur; however, nothing herein contained shall limit the appointing authority's ability to appoint any individual that, in its sole discretion, it deems suitable for a vacant appointed municipal position, whether or not the individual has submitted a municipal public service volunteer form.
[Ord. #11-1402]
The Township Committee makes the following findings:
a. 
There exist along the Raritan and Millstone Rivers and their tributaries certain problems of flooding and flood prevention which concern several municipalities and Somerset County, as well as other governmental bodies.
b. 
The various affected governmental units recognize the need for cooperative efforts to prevent future floods and to alleviate flooding and flood hazards.
c. 
P.L. 1971, c. 316 (N.J.S.A. 40:14-16 et seq.) authorizes the establishment of a joint flood control commission and provides that the participating municipalities and counties may enter into such a commission, and may define and limit the areas of responsibility and authority of such a commission, and may set forth the terms under which appropriations shall be made by the participating municipalities and counties.
[Ord. #11-1402; Ord. #15-1483]
The Township of Montgomery in the County of Somerset, State of New Jersey agrees to participate in the creation of and operation of the Raritan and Millstone Rivers Flood Control Commission, established pursuant to P.L. 1971 c. 316 (N.J.S.A. 40:14-16 et seq.), as follows:
a. 
Participating Entities. The municipalities and counties invited to participate in the Commission are: the Township of Bridgewater, Township of Franklin, Township of Hillsborough, Borough of Manville, Borough of Millstone, Township of Montgomery, Borough of Rocky Hill, Borough of Somerville, Borough of South Bound Brook and County of Somerset.
b. 
Establishment. The Raritan and Millstone Rivers Flood Control Commission shall be established in accordance with P.L. 1971, c. 316 (N.J.S.A. 40:14-16 et seq.)
c. 
Duties. The Raritan and Millstone Rivers Flood Control Commission shall:
1. 
Collect, study and analyze data on flooding, past floods and the causes of floods in the area;
2. 
Make such data and studies available to the participating members, the Division of Water Policy and Supply of the New Jersey Department of Environmental Protection (or successor body), the Army Corps of Engineers, local and County Planning Boards and officials concerned with development of properties within flood and drainage areas;
3. 
Keep itself informed as to the availability of State and Federal funds and grants, and the procedures for applying therefor, and shall make such information available to participating members;
4. 
Coordinate the activities of participating members relating to flooding, flood prevention, brook cleaning and the like;
5. 
Encourage the acquisition of lands within the floodway and low-lying areas by appropriate County park commissions, counties or participating municipalities;
6. 
Publicize methods of flood control and flood prevention;
7. 
Encourage its participating members and others to adopt appropriate ordinances and regulations relating to flood control;
8. 
Encourage its participating members to support other programs designed or intended to alleviate flooding; and
9. 
Perform such other acts and fulfill such other functions as may be permitted by law and as determined by the members, subject to the limitation in this ordinance and P.L. 1971, c. 316 (N.J.S.A. 40:14-16 et seq.)
d. 
Appropriations.
1. 
The general, administrative and other expenses of the Commission, affecting the Commission as a whole, shall be funded among the members as follows:
(a) 
$5,000 from the County of Somerset; and
(b) 
$500 from each member municipality.
2. 
Whenever a specific project is to be undertaken, involving less than the interest of all of the participating members, or of special benefits to less than all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specially benefitted thereby in advance of authorization of such project.
3. 
The initial funding requirements set forth herein may be changed by agreement among the participating municipalities and Somerset County, which additional funding is subject to the consent of the governing body of each participating municipal member and the Board of Chosen Freeholders of Somerset County.
e. 
Budget. A tentative annual budget for the Commission shall be adopted by the Commission no later than January 15 of each year and such adoption shall be by a vote of a Somerset County representative and a representative from each municipality. A copy of such tentative budget shall be sent to the governing body of the County and each member municipality within one week of its adoption. Such notification shall include notice of the date fixed by the Commission for final adoption of the annual budget, which shall be at least three weeks after the date of tentative adoption by the Commission. Expenditures outside of the regular budget for special projects involving Somerset County or the participating municipalities, but less than the entire Commission, shall be negotiated and arranged separately among the involved participating members and the Commission.
f. 
Quorum. Any number of members of the Commission shall have the right to meet at regularly scheduled meetings. Any action taken involving the expenditure of funds, other than clerical and mailing connected with the usual business of the Commission, shall be adopted only at a meeting at which there are at least one County representative and at least nine municipal representatives (regardless of the total number of municipalities represented thereby).
g. 
Withdrawal. Each member municipality and county reserve the right, pursuant to N.J.S.A. 40:14-17d to withdraw from the Commission provided, however, that at least 90 days' notice of such intention is given to the Commission, and provided further, that such withdrawal after adoption of the Commission budget for a given year shall not abrogate the responsibility of the municipality or county to meet its obligations under the budget adopted for that year.
[Ord. No. 11-1402]
a. 
The Township Committee shall appoint two representatives to the Commission. Either or both members may also be members of the Township Committee or hold other elective or appointive office in the Township.
b. 
In addition to such representatives, the Township Committee may appoint two alternate representatives to the Commission, who shall serve for terms of one year, or until the appointment and qualification of their successors. Such alternates shall have the right to attend all meetings of the Commission and take part in all discussions. The alternates shall be designated as first alternate and second alternate and in such order may represent the Township and vote in the event of the absence or disability of the one or both of the regular representatives.
c. 
Each regular representative shall serve for a term of five years, or until his/her successor has been appointed and has qualified, except that any appointed representative who holds another elected or appointed public office shall serve as such representative for the term of his elected or appointed office and only so long as he/she shall hold such elected or appointed public office, notwithstanding his term of appointment as such representative. Appointments to vacancies caused by the death, resignation or other inability to serve of a representative shall be filled for the balance of the term only. No alternate representative shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.
[Ord. #13-1448]
The Montgomery Veterans Memorial (also simply "Memorial"), constructed in Montgomery Park in 2011, serves as a public memorial to Township of Montgomery ("Township") residents who have served the United States of America in the Armed Forces and Merchant Marine in times of war, and who were Township residents when they entered the Armed Forces or Merchant Marine. The Township is responsible for the Memorial and its protection, preservation, upkeep and maintenance. The Township Committee, therefore, deems it desirable and necessary, that a committee be formed to provide on-going advice to Township officials and the Township Committee concerning the Memorial and in particular: the support, preservation, protection, upkeep and maintenance of the Memorial; the making of improvements to the Memorial, if any; and the development of programs, projects and/or activities that support and/or promote the Memorial and its purpose.
[Ord. #13-1448; Ord. #14-1462; Ord. No. 16-1516]
There is hereby created in the Township a Montgomery Veterans Memorial Advisory Committee. The Montgomery Veterans Memorial Advisory Committee shall be comprised of seven members. All of the members shall be residents of the Township and at least four of the members shall be individuals who have served on full-time active duty in the Armed Forces or Merchant Marine. All members shall be appointed by the Township Committee. The Montgomery Veterans Memorial Advisory Committee shall annually select a chairperson and vice-chairperson from among its members. In addition to the Montgomery Veterans Memorial Advisory Committee's regular membership, the Township Committee may appoint a member of the Township Committee to serve as liaison to the Montgomery Veterans Memorial Advisory Committee. If appointed, this member shall be a non-voting member of the Montgomery Veterans Memorial Advisory Committee.
[Ord. #13-1448; Ord. #14-1462; Ord. No. 16-1516]
Except for initial terms, the terms of all members shall be three years. Initially, three of the members shall be appointed for three year terms, two of the members shall be appointed for two year terms and two of the members shall be appointed for one year terms. All appointments shall be effective January 1 of the calendar year in which made. If a vacancy in any term shall occur other than by expiration of that term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. #13-1448]
Township Officials and employees shall be available to provide assistance to the Montgomery Veterans Memorial Advisory Committee in the performance of its duties, as enumerated below.
[Ord. #13-1448]
The duties of the Montgomery Veterans Memorial Advisory Committee are as follows:
a. 
Provide advice and assistance to the Township Committee concerning the regular maintenance, care, protection and upkeep of, and the making of any improvements to, the Montgomery Veterans Memorial;
b. 
Regularly inspect the site of the Montgomery Veterans Memorial and its improvements for any conditions that may require repair, maintenance and/or improvement, and advise the appropriate Township officials of same;
c. 
When requested, obtain cost estimates for any of the work described in paragraphs a and b above, and, where such work is contracted for, provide assistance in the supervision of the work;
d. 
Develop for the Township Committee's consideration public programs, activities and projects aimed at supporting and/or promoting the Memorial and its purpose, including but not limited to, fundraising efforts;
e. 
Make information available to the public concerning eligibility criteria and the applicable procedures for nominating veterans for recognition at said Memorial; and
f. 
Perform such other duties as may, from time to time, be assigned by the Township Committee.
[Ord. #14-1459 S 1]
a. 
Pursuant to N.J.S.A. 26:2BB-9, the Township of Montgomery, in conjunction with the Borough of Rocky Hill, hereby establishes a joint Municipal Alliance Committee on Alcoholism and Substance Abuse. This joint Committee is formed to replace the Municipal Alliance Committee created pursuant to Resolution 91-3-73, adopted March 21, 1991, and shall assume all of the functions, programs, records and responsibilities of said Committee.
b. 
The joint Municipal Alliance Committee is formed for the purposes of:
1. 
Assessing and implementing evidentiary based policies and programs to reduce alcohol and substance abuse;
2. 
Organizing and coordinating programs to reduce alcoholism and substance abuse;
3. 
Initiating and supporting awareness and comprehensive educational programs to deter alcoholism and substance abuse;
4. 
Developing and implementing procedures for the intervention and treatment referral of youths and adults abusing alcohol, tobacco and drugs;
5. 
Providing an open forum for communication, education and information regarding solutions to the problems of alcoholism and substance abuse;
6. 
Planning, advising and recommending policy and programs on alcoholism and substance abuse; and
7. 
Encouraging and initiating the creation and development of opportunities for those recovering from alcoholism, tobacco and drug addiction.
[Ord. #14-1459 S 1]
The functions and responsibilities of the joint Municipal Alliance Committee shall be those outlined in N.J.A.C. 17:40-2.5, as the same may be amended from time to time.
[Ord. #14-1459 S 1]
a. 
All members of the joint Municipal Alliance Committee shall be appointed by the Township Committee of the Township of Montgomery or by the Mayor and Council of the Borough of Rocky Hill. There is no limit on the number of members that may be appointed to this joint Committee. However, the Mayor and Council of Rocky Hill shall not appoint more than 33% of the total number of members.
b. 
The joint Municipal Alliance Committee shall include broad representation from the local community. Membership may include, but is not limited to:
1. 
Members of the Governing Body;
2. 
The Chief of Police, or his/her designee;
3. 
The President of the School Board, or his/her designee;
4. 
The Superintendent of Schools, or his/her designee;
5. 
A student assistance coordinator;
6. 
A representative of the Parent-Teacher Association;
7. 
A representative of the local bargaining unit for teachers;
8. 
A representative of the Chamber of Commerce;
9. 
A representative from the local court system;
10. 
A representative from a local civil association;
11. 
Representatives of local religious groups;
12. 
Individuals who may have been impacted by alcoholism and/or substance abuse, including individuals who have been directly affected by their own or a family member's abuse or addictions;
13. 
Representatives of labor unions;
14. 
Representatives of the media;
15. 
Private citizens, including students, with interests or experience in issues concerning alcoholism and/or substance abuse;
16. 
Representatives of public and private organizations involved in the treatment of alcohol and substance abuse related problems.
c. 
50% of the members must reside in the Township of Montgomery or the Borough of Rocky Hill.
d. 
Each member shall be appointed for a one year term, unless a longer term is specifically designated at the time of appointment.
[Ord. #14-1459 S 1]
a. 
The Township Committee may remove any member that it appoints to the joint Municipal Alliance Committee for cause after written notice has been served upon the member. Cause for removal may be found where a member has missed three consecutive meetings without prior permission from the Co-Chairpersons. The Co-Chairpersons shall report to the Township Committee every six months as to such absenteeism.
b. 
In the event of a vacancy occurring in the joint Municipal Alliance Committee other than by expiration of term, such vacancy shall be filled for the unexpired term only in the same manner as the original appointment. The Co-Chairpersons shall be responsible for notifying the Township Committee of the Township of Montgomery, in writing, of any such vacancy.
[Ord. #14-1459 S 1]
a. 
Officers of the joint Municipal Alliance Committee shall be appointed by the Township Committee of the Township of Montgomery.
b. 
The Township Committee may delegate, by resolution, the appointment of any or all officers to the joint Municipal Alliance Committee. In the event that the Township Committee makes such a delegation, the joint Municipal Alliance Committee shall elect from among its members two Co-Chairpersons.
c. 
The Co-Chairpersons shall be the presiding officers of the joint Municipal Alliance Committee and shall be responsible for running any and all meetings of this joint Committee. If one of the Co-Chairpersons is absent from a meeting, the other Co-Chairperson shall be responsible for running the meeting.
d. 
The joint Municipal Alliance Committee shall also have a Recording Secretary, who may or may not be a member of the joint Committee or a municipal employee.
[Ord. #14-1459 S 1]
a. 
The joint Municipal Alliance Committee shall meet on a regular basis, with a calendar of meetings established at the Committee's organization meeting.
b. 
The Recording Secretary shall keep minutes and records of all meetings and proceedings. All meetings shall be noticed and conducted in accordance with the New Jersey Open Public Meetings Act. Copies of all minutes shall be maintained in the office of the joint Committee and shall be promptly delivered to the Township Clerk.
c. 
Pursuant to N.J.A.C. 17:40-2.4(f), a quorum is required in order for the joint Municipal Alliance Committee to take action. A quorum shall be 50% of the Committee membership plus one.
d. 
Non-members may attend and contribute to Municipal Alliance Committee meetings at the discretion of the joint Committee. Such non-members shall not have any voting privileges.
e. 
The joint Municipal Alliance Committee shall have the power to establish bylaws and rules for the conduct of its meetings.
[Ord. #14-1459 S 1]
a. 
The joint Municipal Alliance Committee shall have the power to establish standing and ad hoc subcommittees as needed.
b. 
The joint Municipal Alliance Committee shall establish a fundraising subcommittee that shall meet as often as needed, but at least quarterly, during a particular fundraising project.
c. 
On a periodic basis, but at least quarterly, the joint Municipal Alliance Committee shall submit a detailed accounting of all anticipated expenditures to the Township Committee of the Township of Montgomery for review and approval. Goods and services cannot be procured by the joint Committee without approval from the Township Committee.
[Ord. #14-1459 S 1]
It is acknowledged that cooperative relationships are necessary to effectively develop the municipal alliance network, to maximize coordination and avoid duplication of efforts, and to assure effectiveness of resources, including volunteers and funds. The joint Municipal Alliance shall therefore share membership with the Youth Services Commission, as set forth in Section 2-35 of this chapter, as these two groups share similar and sometimes overlapping purposes and goals. In addition, the joint Municipal Alliance Committee is directed to determine how best to work with and/or join governmental groups, such as drug and alcohol task forces, youth task forces, other municipal alliance committees, County alliance committees and other groups with compatible purposes and functions.
[Ord. #14-1459 S 1]
a. 
A complete list of members of the joint Municipal Alliance Committee, along with their addresses, shall be provided annually to the Governor's Council on Alcoholism and Drug Abuse.
b. 
The joint Municipal Alliance Committee shall report on an annual basis to the Township Committee of the Township of Montgomery on its works and the extent to which it is carrying out the purposes set forth in this chapter.
[Ord. #14-1459 S 2]
a. 
The Township of Montgomery, in conjunction with the Borough of Rocky Hill, hereby establishes a joint Youth Services Commission. This joint Commission is formed to replace the joint Youth Guidance Council created pursuant to Resolution 91-3-73, adopted March 21, 1991, and shall assume all of the functions, programs, records and responsibilities of said Council.
b. 
The joint Youth Services Commission is formed for the purposes of:
1. 
Providing an open forum for communication, education and information regarding solutions to problems facing the community's youth;
2. 
Assessing the needs of the community's youth;
3. 
Planning, advising and recommending policy and programs for the community's youth;
4. 
Encouraging the creation and development of opportunities for youth in the areas of recreation, education and employment;
5. 
Organizing and coordinating programs for the community's youth;
6. 
Initiating and supporting awareness of and comprehensive educational programs for youth; and
7. 
Developing and implementing procedures for the intervention, treatment referral and discipline of students and youth abusing alcohol and drugs.
[Ord. #14-1459 S 2]
The membership of the joint Youth Services Commission shall consist of the same membership and shall be for the same terms of office as the joint Municipal Alliance Committee. The joint Youth Services Commission shall hold meetings at the same time and place as the joint Municipal Alliance Committee.
[Ord. #14-1459 S 2]
Officers of the joint Youth Services Commission shall be appointed by the Township Committee of the Township of Montgomery. The Township Committee may delegate, by resolution, the appointment of any and all officers of the joint Youth Services Commission. In any event, the offices of Co-Chairpersons and Recording Secretary shall be held by the same persons holding the corresponding offices on the joint Municipal Alliance Committee.
[Ord. #14-1459 S 2]
a. 
This joint Youth Services Commission shall have a budget as authorized by the Township Committee of the Township of Montgomery.
b. 
The joint Youth Services Commission is authorized to submit applications for grant funding, subject to the approval of the Township Committee of the Township of Montgomery.
c. 
On a periodic basis, but at least quarterly, the joint Youth Services Commission shall submit a detailed accounting of all anticipated expenditures to the Township Committee of the Township of Montgomery for review and approval. Goods and services cannot be procured by the joint Commission without approval from the Township Committee.
[Ord. #14-1459 S 2]
a. 
The joint Youth Services Commission shall have the power to establish bylaws and rules for the conduct of its meetings.
b. 
The joint Youth Services Commission shall have the power to establish standing and ad hoc subcommittees as needed, including, but not limited to, an adjustment subcommittee consisting of persons qualified by experience and training to assist in and coordinate the efforts of police, school and other agencies to provide guidance and counsel to youth with incipient behavior and to cooperate with the Superior Court, Chancery Division, Family Part having jurisdiction when cases arise in which official adjudication of delinquency seems indicated.
[Ord. #14-1459 S 2]
The joint Youth Services Commission shall report on an annual basis to the Township Committee of the Township of Montgomery on its works and the extent to which it is carrying out the purposes set forth in this section.
[Ord. #14-1482]
All employees who receive compensation from the Township of Montgomery are required to have direct deposit of their net pay as of January 1st, 2015 in accordance with P.L. 2013, c. 28.
[Ord. #14-1482]
Township employees may request, in writing, an exemption from the provisions of subsection 2-36.1 above. Such requests shall be directed to the Township Administrator who, following his/her review of a request, shall present the request to the Township Committee. The Township Committee may grant such an exemption by resolution on such terms and conditions as it deems necessary.
[Adopted 12-17-2020 by Ord. No. 20-1647]
[Amended 3-18-2021 by Ord. No. 21-1654]
There is hereby established in the Township of Montgomery an Inclusion and Equity Committee comprised of seven members appointed by the Township Committee, as follows: (a) six members who shall be residents of the Township; and (b) a member of the Township Committee.
a. 
The six resident members of the Committee [Subsection 2-37.1(a) above] shall serve for a term of three years each, with the exception of the initial appointments to the Committee, which shall be comprised of two members who shall be appointed for a full term of three years, two members who shall be appointed for an initial term of two years each, and two members who shall be appointed for an initial term of one year.
[Amended 3-18-2021 by Ord. No. 21-1654]
b. 
The Township Committee member shall be appointed annually.
[Amended 3-18-2021 by Ord. No. 21-1654]
c. 
Vacancies shall be filled by appointment for the unexpired term only.
The Inclusion and Equity Committee is hereby established for the purpose of promoting community endeavors to eliminate bias, intolerance, and discrimination in the Township of Montgomery and to promote equal opportunity in social, employment, and recreational realms. The Committee shall develop and recommend plans, initiatives and programs that encourage constructive dialogue within the Township about diversity, as well as initiate community-building strategies that enhance and sustain respect among different groups and people within the Township.
The Inclusion and Equity Committee shall annually select its Chairperson and Vice Chairperson from among its members and shall organize its activities with the cooperation of the Township Committee. It may select such other officers from among its members as it may deem advisable.
The Inclusion and Equity Committee may adopt its own bylaws, which shall not be inconsistent with this section and/or the laws of the State of New Jersey. A quorum shall consist of at least six members present at a meeting of the Committee.
[Added 11-4-2021 by Ord. No. 21-1670]
This section shall be known as "The Antinepotism Policy of the Township of Montgomery."
[Added 11-4-2021 by Ord. No. 21-1670]
a. 
The prohibitions set forth in these antinepotism regulations shall apply to all full-time, part-time, temporary and seasonal positions of the Township of Montgomery.
b. 
This section shall not apply to appointments to the various boards, commissions, and committees of the Township, or to persons seeking unpaid, appointed or volunteer positions.
c. 
Subject to the exception in Subsection 2-38.4d below, this section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment and shall not in any way be construed to prohibit or make unlawful any current employment relationship or situation and/or any existing contractual obligations with employees currently employed by the Township as of the effective date of this section which may technically be in violation of the terms hereof but for its prospective application. For purposes of interpreting this exception, persons appointed to positions of employment with the Township for a set term shall be considered current employees notwithstanding the fact that the then term may have ended. Such persons holding positions of employment with the Township under a set term may be hired to any position in the Township, rehired, reappointed or promoted, as may be the case, without violating this section.
[Added 11-4-2021 by Ord. No. 21-1670]
As used in this section:
ELECTED OFFICIAL
Persons holding the position of either Mayor, Deputy Mayor or Township Committee Member of the Township of Montgomery.
RELATIVE
Spouse, parent, stepparent, child, stepchild, sibling, stepsibling, half sibling, father-in-law, mother-in-law, sister-in-law, brother-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, first cousins, domestic partner or cohabitants as defined by New Jersey law.
SUPERVISOR
Any employee of the Township of Montgomery having supervisory duties and powers over another employee or employees within the respective Department of the Township.
TEMPORARY EMPLOYMENT
Any employment which is not full-time, regular part-time, or seasonal employment.
[Added 11-4-2021 by Ord. No. 21-1670]
a. 
The hiring, promoting, transferring, demoting or reassigning of relatives is prohibited if the employment of such an individual would result in the creation of a prohibited employment relationship. A prohibited relationship is created when:
1. 
One relative would have the authority to supervise either directly or from one level above, appoint, remove, discipline, evaluate or otherwise affect the work or employment of another relative.
2. 
The relative would be responsible for auditing the work of the other.
3. 
Other circumstances exist which would place the relatives in a situation of actual or reasonably foreseeable conflict between the Township's interest and their own.
b. 
The Township retains the discretion to designate the situation in which two relatives work in the same department within the Township as a prohibited relationship.
c. 
Employees who marry or become related by marriage may continue in their employment if the marriage does not result in the creation of a prohibited relationship. Where the marriage results in the creation of a prohibited relationship, the Township will explore potential accommodations, including the reassignment of one or both employees to available positions for which the employees are qualified.
d. 
Exceptions.
1. 
Seasonal employment. Applications for seasonal employment may be considered from applicants who are under 23 years of age and a relative of an existing employee, provided that relative is not employed in a supervisory position with the same department or office.
2. 
Temporary employment. A relative of an existing employee may be hired for a period of temporary employment not to exceed 10 consecutive work days.
e. 
Promotion of existing employees. Notwithstanding the prospective application as to the remainder of this section as applied above, no elected official or supervisor in a department may participate in the promotion process or hiring process in that department of any existing employee who is a relative of the elected official or supervisor, as the case may be. The elected official or supervisor shall abstain from participation in such personnel action as it applies to such relative.
[Added 11-4-2021 by Ord. No. 21-1670]
This policy is not for the purpose of depriving any citizen of an equal chance for employment with the Township but is solely intended to eliminate the potential for preferential treatment of the relatives of governmental personnel.
[Added 12-7-2023 by Ord. No. 23-1710]
The Township Committee seeks to encourage the regular attendance and participation of appointed members of boards, committees, and commissions of the Township of Montgomery, in order to ensure their proper function and vitality. To accomplish this goal, the Township Committee exercises its authority under N.J.S.A. 40A:9-12.1(g) to establish an attendance policy with a lower absentee threshold than that contained in state law.
[Added 12-7-2023 by Ord. No. 23-1710]
As used in this section, the following terms shall have the meanings indicated:
APPOINTEE
Shall be defined as any person duly appointed to membership on a board for a term that has not expired.
BOARD
Shall be defined as any board, committee, commission, authority, or other agency of the Township of Montgomery, established by ordinance or resolution of the Township Committee, whether its membership is appointed by the Mayor or the Township Committee.
[Added 12-7-2023 by Ord. No. 23-1710]
a. 
In the event that any appointee is absent from meetings of a board for a period of six consecutive weeks, three consecutive meetings, or five meetings in one year, whichever shall be of longer duration, without being excused by the presiding officer of the board, the appointee's membership on the board shall be terminated and the seat automatically deemed vacant by operation of this section.
b. 
Any appointee that seeks to be excused from one or more absences from a board shall submit a written request to the board's presiding officer, prior to the meeting upon which automatic removal would occur due to the absence. The presiding officer of the board shall consider the request for excusal in its discretion, and may refuse to excuse absences unless due to legitimate illness.
c. 
Following any meeting resulting in operation of paragraph a, the presiding officer of the board and any Township employee that attends meetings of the board shall promptly notify the Township Clerk. Upon such notification, the Township Clerk shall inform the appointee in writing that their membership has been terminated and the seat automatically deemed vacant, with a copy transmitted to the presiding officer of the board, the Township Administrator, and all members of the Township Committee.