[Ord. No. 32-89]
This chapter shall be known and may be cited as the "Administrative Code of the Borough of Keyport" and is sometimes referred to as the "Code."
[Ord. No. 32-89]
The Council shall consist of the Mayor and six Councilmen elected at large in the Borough, all of whom shall be elected and take office in the manner provided by law. The terms of office of the Mayor and Councilmen shall commence on January 1 next following their election.
[Ord. No. 32-89]
Pursuant to the Borough law, a vacancy occurring in the office of Mayor, whether by resignation or otherwise, shall be filled by the Council until the next annual election and until the election and qualification of a successor. At such next annual election, the person elected to fill the vacancy shall be elected for the unexpired term only. All vacancies in other elective offices shall be filled by nomination by the Mayor and appointment by him, with the advice and consent of the Council expressed by a vote of the majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie. All appointments to fill vacancies on the Council shall be until January 1 following the next general election and the person appointed shall be of the same political party as the person vacating the seat. If such vacancies shall occur at so short a period of time before the next annual election that the office cannot be filled at such election, the vacancy shall be filled in the same manner as though the same had occurred immediately after the election and the vacancy shall be filled at the next subsequent annual election for such a portion of the term, if any, as may still remain unexpired. At such next annual election, the person elected to fill the vacancy shall be elected for the unexpired term only.
[Ord. No. 32-89]
The Borough Council shall meet for organization at 12:00 noon on January 1 or at some other hour on any day during the first week in January; provided, however, that should January 1 fall on Sunday and no other time for the meeting has been fixed, the meeting shall fall on the following day following each general election. Thereafter, the Borough Council shall meet regularly within the Borough at such times and places as provided by resolution. The Mayor shall, when necessary, call special meetings of the Council. In case of his neglect or refusal, any four members of the Council may call such meetings at such time and place in the Borough as they may designate, and, in all cases of special meetings, notice shall be given to all members of the Council or left at their places of residence. Three Councilmen and the Mayor and, in the absence of the Mayor, four Councilmen, shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn.
[Ord. No. 32-89]
The Mayor shall preside over all meetings of the Borough Council but shall not vote except to give the deciding vote in case of a tie. The Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough. No appointments shall be made except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in case of a tie. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then after the expiration of the 30 days, the Council shall appoint the officer.
[Ord. No. 32-89]
At the annual meeting the Borough Council, by a majority vote, shall elect from their number a President of the Council who shall preside at all of its meetings when the Mayor does not preside. The President of the Council shall hold office for one year and until the next annual meeting. He shall have the right to debate and vote on all questions before the Council. If the Council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the Council and in that case, no confirmation by the Council shall be necessary. If the Mayor is absent from the Borough for a period of three days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his absence or inability. The Mayor, in case of his intended absence from the Borough for more than three days at any one time, shall notify the President in writing of his intended absence, whereupon the President shall be and become Acting Mayor from the receipt of notice and continue to act until the Mayor's return.
[Ord. No. 19-75; 1972 Code § 2-1; N.J.S.A. 40A:9-133; Ord. No. 32-89; Ord. No. 37-89; Ord. No. 26-95]
a.
Appointment; Term; Duties. There shall be a Borough Clerk appointed by the Mayor and Council for a term of three years. The Mayor and Council shall appoint a Deputy Borough Clerk for a term of three years. The Clerk shall serve as Clerk of the Council. The Clerk shall attend and keep the minutes of all the meetings of the Council, which minutes shall be signed by the Clerk.
b.
Ordinances and Resolutions.
1.
The Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance he shall record and certify the proof of its publication as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was adopted on a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify shall not impair or affect the validity of an ordinance which has been duly adopted.
2.
Periodically, as determined by the Council, the Clerk shall compile at least two copies of all ordinances that have been adopted since the previous Revision or supplement and forward them to a company selected by the Council to prepare a supplement to the Revision.
3.
The Clerk shall compile annually, in the order of their adoption, all resolutions adopted by the Council during the year and shall preserve them.
c.
Custodian of Records. The Clerk shall have custody of and safely keep all records, books and documents of the Borough except those committed by ordinance, to any other office, by resolution or by law. On request and on the payment of the fees prescribed therefor, the Clerk shall furnish a certified copy of any paper in his custody under the corporate seal of the Borough.
d.
Corporate Seal. The Clerk shall cause the corporate seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the council or when necessary to exemplify any document on record in his office, or to certify any act or paper which from the records in his office shall appear to have been a public act of the Borough or a public document.
e.
Insurance; Surety Bonds; Contracts. Subject to the supervision of the Council, the Clerk shall:
1.
Be the depository for and the custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond which shall be placed in the custody of the Treasurer; of all insurance policies on or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.
2.
Be the depository for and the custodian of all performance bonds running to the Borough as obligee, or any other form of security given by a contractor, subdivision developer or other persons on account of work done or to be done in or for the Borough.
3.
Have custody of all leases of property owned by the Borough.
4.
Report to the Council annually, at such times as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
f.
Administrative Rules and Regulations; Filing and Publication. The Clerk shall maintain a current compilation of all rules and regulations, which shall be available for public inspection in his office during business hours. No rule or general regulation made by a department, officer, agency or authority of the Borough, unless it relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the Clerk.
g.
Other Laws and Ordinances. In addition to other functions, powers and duties prescribed by ordinance and subject to the supervision and direction of the Council, the Clerk shall:
1.
Perform all the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.
2.
Administer the provisions of Borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.
3.
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Council.
h.
Additional Duties of the Borough Clerk. The Borough Clerk shall perform the functions of Official Searcher of Municipal Improvements as part of the duties of Borough Clerk.
i.
Deputy Clerk. The Deputy Borough Clerk shall perform the duties of the office and shall also serve such duties as may be prescribed by law if such ordinance is delegated by the Mayor and Council.
[Ord. No. 4-9-62; Ord. No. 551; 1972 Code §§ 2-4; Ord. No. 32-89; Ord. No. 2-04]
a.
Appointment. There shall be a Business Administrator for the Borough of Keyport appointed by the Mayor and Council who shall be a person qualified by education, training and experience to perform the duties of his or her office. The appointee need not be a resident of the Borough of Keyport, and the position shall be unclassified. He or she shall be under the direct supervision of the Mayor and Council and shall serve at the pleasure of the Mayor and Council.
b.
Duties and Responsibilities. The Business Administrator shall be the chief administrative officer of the Borough of Keyport and shall be responsible to the Mayor and Council for the proper and efficient administration of the business affairs of the Borough. The Business Administrator's duties and responsibilities shall relate to all of the management of the Borough's business, except those duties and responsibilities conferred upon other Borough officials by State statute, Borough ordinance or other applicable laws, rules and regulations promulgated by State, County or municipal ordinances or such duties as the Mayor and Council shall reserve onto itself or to others. The Business Administrator shall see that all ordinances, resolutions and policies of the Mayor and Council and all State and Federal laws requiring municipal action are faithfully carried out by those persons responsible for doing so. For the purposes of carrying out the responsibilities of his or her office, the Business Administrator shall develop and promulgate for adoption by the Mayor and Council sound administrative, personnel and purchasing practices for all departments, offices, boards, commissions and agencies of the Borough, all for the purpose of increasing the effectiveness and efficiency of Borough government. The Business Administrator shall be responsible for the following enumerated duties:
1.
Daily operation. Implement all policies of the Borough necessary to carry out daily operations and activities of the Borough by correspondence, review of minutes and personal contacts with employees and the public.
2.
Information and Complaints. Inform the Mayor and Council and the residents of the municipality on all matters relating to the activities and operations of municipal government; receive and follow up on complaints on all matters and apprise the Mayor and Council thereof.
3.
Public Information. Edit and compile public information for distribution to the Mayor and Council, and at the direction of the Mayor and Council to disseminate such information to the public.
4.
Recommendations. Continuously study all activities and operations of municipal government and recommend changes for the purpose of increasing efficiency, economy and effectiveness; recommend such rules and regulations as shall be deemed necessary, with the approval of the Mayor and Council, for the conduct of administrative procedures.
5.
Advice. Advise the Mayor and Council with respect to all pertinent information necessary to assist it with the establishment of policies and decisions.
6.
Reports. Prepare and present to the Mayor and Council reports required from time to time on municipal affairs and prepare an annual report of the Business Administrator's work for the benefit of the Mayor and Council and the public.
7.
Attendance. Attend all regular and special meetings of the Mayor and Council with the right to speak, but not to vote, on all agenda items and attend other meetings as directed by the Mayor and Council or as necessary to carry out the duties of Business Administrator for the Borough of Keyport. The Business Administrator shall receive notice of all special meetings of the Mayor and Council and all advisory committees, boards, commissions and other agencies of the Borough. When requested by the Mayor and Council, attend any negotiation, collective bargaining or hearing relating to any employee(s) of the Borough of Keyport.
8.
Liaison. Serve as liaison to all departments, advisory committees, boards, commissions and other agencies of the Borough and with respect to designated agencies of County or State government.
9.
Borough Engineer. Consult with and act as a liaison between the Mayor and Council and the Borough Engineer regarding all operations and policy matters.
10.
Budgets. In cooperation with the Municipal Finance Officer be responsible for the preparation of the operating and capital improvement budgets for presentation to the Mayor and Council and for administration of the budget approval process by the Governing Body. In preparing the proposed budget, the Business Administrator shall assist members of the Governing Body and department heads in preparing their input to the municipal budget. The Business Administrator shall thoroughly review all budget requests and submit recommendations with respect thereto to the Mayor and Council in a timely fashion.
11.
Purchasing. Be in charge of reviewing all requisitions from all departments for materials, equipment and supplies and certifying the receipt of the same. He or she shall require the various departments to furnish an adequate inventory of all materials, equipment and supplies in stock and to recommend the sale of any surplus, obsolete or unused equipment when authorized by the Mayor and Council.
12.
Examine and Inquire. Have the power to investigate, examine or inquire into the affairs or operations of any department, commission, office, board or agency of the municipal government, unless prohibited by law. Address any complaints addressed by employees pursuant to any collective bargaining agreement.
13.
Public information. Implement and enforce the policies of the Mayor and Council with respect to the compiling and release of public information.
14.
Coordination of Information. Integrate and coordinate the functions of all departments, commissions, boards, agencies, offices and officials and maintain liaison with the Board of Education of the local school system. The Business Administration shall be responsible for continuously improving communications among the various town personnel, departments, commissions, agencies, boards and governing bodies.
15.
Recommendation of Experts and Consultants. Recommend the employment of experts and consultants to perform work and render advice in connection with Borough projects.
16.
Supervision of Personnel. Subject to law, supervise all personnel of the Borough through the respective department heads and direct the business activities of all Borough departments, recommending to the Mayor and Council or its designated committees the employment and replacement of personnel as may be required in said departments within the limits prescribed by the budget. The Business Administrator shall have no authority over the operations of the Police Department delegated by law to the Chief of Police, but shall periodically review schedules, records of personnel relative to employee benefits.
17.
Enforcement of law and contracts. In concert with the Borough Attorney determine that all terms and conditions imposed in favor of the Municipality or its inhabitants in any statute, public utility franchise or other contract regulation or ordinance are faithfully kept and performed and, upon learning of any violation thereof, apprise the Mayor and Council.
18.
Public Improvements. Recommend the need for, the nature of and the location of all public improvements and coordinate and expedite the execution of those public improvements authorized by the Mayor and Council.
19.
Public Works. Together with the Superintendent of Public Works assume general administrative responsibilities for the Borough sewer and water systems, the cutting of brush, mowing of grass and removal of snow, the cleaning of ditches, the maintenance of parks and the care of the public works in the Borough, subject to the orders and directions of the Council, when duly authorized. In addition, he or she may be required to:
(a)
Set up and maintain adequate inventory and control thereof of all materials and supplies needed for the maintenance and repair of all public works under his or her supervision.
(b)
Submit to the Mayor and Council a monthly report of all work performed, services furnished and inspections made during the previous month.
(c)
Submit to the Mayor and Council and the Borough Engineer his or her recommendations for budget appropriations for the ensuing year.
(d)
Recommend for approval the expenditure of all funds by voucher chargeable against the public works budget.
(e)
Receive and investigate all complaints from residents and taxpayers of the Borough relating to the operations under his or her jurisdiction, take appropriate action and report results to the Mayor and Council.
(f)
Attend all meetings of Public Works Committees, including those relating to road, sewer, water and parks and playgrounds.
(g)
Set up, keep and maintain all the necessary books, records, field notes, maps, surveys and similar records necessary to perform the duties of his or her office and turn over all such reports to his or her successor or the Borough Council upon the termination of his or her employment by the Borough.
(h)
Recommend to the appropriate committee chairperson the need for repairs and replacements to municipally owned equipment, structures, buildings and grounds.
20.
Safety Responsibilities. Develop and implement all necessary safety instructions and training for all employees, Borough personnel, and Borough officials.
21.
Grants. Investigate the availability of and report to the Mayor and Council the feasibility of obtaining grants from Federal, State and private sources and apply for and administer such grants as are authorized by the Mayor and Council, submit applications for grants, including completing all grant applications.
22.
Other Duties. The Business Administrator shall perform such additional administrative duties and functions as may be from time to time assigned by the Mayor and Council.
23.
Grant applications, submissions of required materials, meet and coordinate grant activities and such other work as may be requested by the Mayor and Council.
24.
Security. Implement plans and recommendations made by law enforcement authorities necessary to safeguard the residents of the Borough of Keyport from any threats of terrorism, assist in the coordination of emergency management plans or activities necessary to safeguard the Borough of Keyport, perform such duties as delegated by the Mayor and Council.
25.
Be designated as appointing authority to the Department of Personnel.
26.
Perform such other duties and responsibilities as may be periodically delegated by the Mayor and Council with respect to the administration of the Borough of Keyport.
[1972 Code § 2-2; Ord. No. 32-89]
a.
Appointment. The Borough Attorney shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. He shall be an attorney-at-law of New Jersey but need not be a resident of the Borough. The Attorney shall not receive a fixed salary but shall be paid such retainer as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.
b.
Powers and Duties. The Borough Attorney shall have such powers and perform such duties as are provided for the office of Borough Attorney by general law or ordinances of the Borough. He shall represent the Borough in all judicial and administrative proceedings in which the municipality or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the Mayor and Council or any member thereof, and shall in general serve as the legal advisor to the Mayor and Council on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereto, the Borough Attorney shall:
1.
Draft or approve as to form and sufficiency legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.
2.
With the approval of the Mayor and Council, conduct appeals from orders, decisions or judgments affecting any interest of the Borough as he may in his discretion determine to be necessary or desirable or as directed by the Mayor and Council.
3.
Subject to the approval of the Borough Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.
4.
Render opinions in writing upon any question of law submitted to him by the Mayor and Council or any member thereof with respect to their official powers and duties, and perform such duties as may be necessary to provide legal counsel to the Mayor and Council in the administration of municipal affairs.
[Ord. No. 5-80; Ord. No. 32-89]
a.
Position Established. There is hereby established for the Borough the positions of Treasurer and Deputy Treasurer.
b.
Duties of Deputy Treasurer. The Deputy Treasurer shall act in the place of the Treasurer during such times as designated by the Treasurer and for such specific periods as the Treasurer shall be absent or ill and in such cases shall have all the power and authority possessed by the Treasurer, whose duties are set forth hereinafter.
c.
Duties of Treasurer. The Treasurer shall be responsible for the following:
1.
To maintain all fiscal records of the Borough, except those maintained by the Tax Collector, including the general ledger and general journals, and shall be responsible to prepare monthly reconciliations of all bank accounts under his supervision.
2.
Receive and deposit the proceeds of sale of bonds sold by the Borough.
3.
Act as general custodian of all municipal funds under his control or assigned to him.
4.
Maintain controls over all budget appropriations and shall effect a reconciliation of all such appropriations at least monthly.
5.
See that all subsidiary and supporting accounts are maintained in proof with the control accounts.
6.
Act as a signatory on all bank accounts assigned to him by the Borough by resolution.
7.
Be responsible for the signing of bond anticipation notes. As authorized, and for the signing of such checks as are required for the disbursement of funds of the Borough in the various accounts under his control, or to which he is assigned.
8.
Prior to the execution of any checks in any of the accounts for dispersal of funds in behalf of the Borough or any of its utilities, he shall determine that there are funds properly available in a budget for the payment of each and every one of the bills submitted to the Borough, and shall for such purpose review each of the vouchers to ascertain that they have been properly executed and approved, and verified prior to the drawing of checks for the same.
9.
Be responsible to see that all funds received by him are deposited to the proper accounts.
d.
Term of Office. The Treasurer and the Deputy Treasurer shall be appointed by the Mayor, with the consent and approval of the Borough Council, and shall hold office for the term of one year, to coincide with the calendar year, and until a successor has been appointed and has qualified. The Borough Treasurer may be a nonresident of the Borough.
[Ord. No. 4-81; Ord. No. 38-89]
a.
There is hereby created and established the office of Borough Tax Collector, pursuant to the provisions of N.J.S.A. 40A:9-141 et. seq., who shall be appointed by the Mayor and Council and who shall hold office for the term provided in the law. The Tax Collector presently in office and elected pursuant to N.J.S.A. 40A:9-141 shall continue for the term heretofore established.
b.
The office of Deputy Borough Tax Collector is hereby established. The appointment thereto shall be made by the Mayor and Council for a term of one year to commence on January 1 of each year. It shall be the duty of the Deputy Borough Tax Collector to perform the duties of the Borough Tax Collector in the latter's absence or incapacity.
d.
Additional Duties of the Municipal Tax Collector. The Tax Collector shall perform the functions of Official Tax Searcher.
[Ord. No. 2-84]
a.
Preamble. The New Jersey Legislature has adopted Chapter 59, Laws of 1979,[1] permitting municipalities to establish the position of Local Historian so that they may participate to increase the education, appreciation and communication of the Municipality's local heritage to reflect the special character or special historic or cultural development within the Municipality.
[1]
Editor's Note: See N.J.S.A. 40:10A-1 et seq.
b.
Establishment. The position of Local Historian is hereby established. The Local Historian shall serve without compensation but the Borough Council may annually appropriate such funds as may be necessary to reimburse the Historian for expenses incurred in the performance of his duties and responsibilities. The Local Historian shall be appointed in the manner generally provided by law for appointments in the Borough and he shall serve at the pleasure of the Borough Council.
c.
Powers and Responsibilities. The Local Historian shall have the following powers and responsibilities:
1.
To carry out an historical program, including but not restricted to collecting, preserving and making available materials relating to the history of the Borough. The Historian shall store such materials in such manner as to insure their preservation and shall notify the Borough Council of any materials which should be acquired for preservation. Upon leaving the position, the Local Historian shall turn over all materials and records and reports into the possession of the successor, if then appointed, or to the Borough Council until a successor shall be appointed.
2.
The Local Historian shall make an annual report to the Mayor and Council of the Borough stating all the work performed and accomplished during that year. The Local Historian shall transmit a copy of such report to the New Jersey Historical Commission. The New Jersey Historical Commission may advise the Local Historian of general guidelines along which his historical program may be implemented.
3.
The Local Historian may research, write and cause to have published a municipal history, and may recommend appropriate historical materials for publication.
4.
The Local Historian may assist a landmark commission, as well as advise the Borough Council, concerning the acquisition, administration, use and disposition of any landmark, or historic site, including such places in his jurisdiction included on the New Jersey Register of Historic Places. Such advice may be furnished to the Historic Sites Section, Department of Environmental Protection.
5.
The Local Historian shall assist in projects of commemoration, including the erection of monuments, historic markers and guide signs.
d.
Clerical Assistants. The Local Historian may employ such clerical assistants as may be necessary in order to carry out the duties and responsibilities set forth in this act, within the limits of such funds as may be made available by the Borough Council for such purposes in the annual budget of the Borough.
[Ord. No. 24-95; amended 7-16-2024 by Ord. No. 6-24]
a.
Appointment. Pursuant to the authority contained in N.J.S.A. 40A:9-140, there shall be a Borough Engineer, who shall be appointed for a term of three years by the Mayor with the advice and consent of the Council. In lieu of appointing an individual to be the Borough Engineer, the Mayor and Council may appoint a professional engineering firm which firm shall have a certificate of authorization to provide engineering services in the State of New Jersey as provided by N.J.S.A. 45:8-56. The Borough Engineer shall receive such compensation as may be agreed upon and determined by the Borough Council.
b.
Extent of Services.
1.
General. The services to be provided by the Engineer encompass those normally provided by a municipal engineer and specifically include those services required of the Borough Engineer by statute, law, regulation or Borough Ordinances as well as any other unspecified services required by the Borough of Keyport throughout the term of the Engineer's appointment, and subject to the approval of the Planning Board and Zoning Board of Adjustment, may also include planning studies, review of subdivision and site plan proposals and other services for those bodies.
2.
Review of Subdivision and Site Plan Proposals. When directed, the Engineer shall provide services necessary to review and make recommendations concerning various subdivisions and site plan proposals regarding their conformance to applicable municipal ordinances and/or to the general requirements of design practice.
3.
Observation of Improvement Installations. When directed or required, the Engineer shall provide services necessary to observe, assess conformity to ordinance requirements, and report upon the installation of site improvements with commercial and residential site developments.
4.
Review and Direction Concerning Permits and Certificates. When directed or required, the Engineer shall provide services necessary to review, assess conformity to requirements and take necessary action with respect to issuance of certificates, permits, licenses and similar regulatory documents. When requested, the Engineer shall provide technical advice to other municipal employees, officials and agents concerning their review of such documents.
5.
Judicial and Quasi-Judicial Proceedings. When directed by appropriate Borough officials or when subpoenaed in connection with municipal business to attend and testify in judicial or quasi-judicial hearings, the Engineer shall provide the services necessary to prepare for and shall submit testimony regarding any items in question.
6.
Preparation of Reports and Studies. The Engineer shall provide services to prepare and provide detailed reports requested by the appropriate Borough officials regarding feasibility investigations, economic comparisons, land use, planning and community development proposals, public works projects and functions, planning and financing schedules and preparation of reports and recommendations concerning other matters referred to the Engineer by the appropriate Borough officials.
7.
Tax Map Revision. When directed, the Engineer shall provide, or arrange for the provision of, services necessary to review property changes and transfers, determine their conformance with the tax map and determine alterations of the tax map.
8.
Miscellaneous Services. The Engineer shall provide professional engineering services not otherwise classified herein when such services are requested by the appropriate Borough officials.
c.
Engineer's Responsibilities.
1.
To provide, with the usual thoroughness and competence of the engineering profession, engineering services noted and set forth in Paragraph b. hereof.
2.
To stand ready to explain and defend, all work completed as Borough Engineer.
3.
To provide, at the request of the Mayor and Council, such supplementary proposals as may be requested.
4.
To arrange for the appropriate Borough officials to examine all payroll and cost records relating to the services provided.
5.
To advise the appropriate Borough officials of any apparent discrepancies in any plans or documents, any observed errors in construction or of the Engineer's inability for any reason whatsoever to provide services requested.
6.
To obtain the services of other contractors or professional as required and/or ordered by the appropriate Borough officials.
7.
To endeavor, when performing the services set forth in Section 2 hereof, to observe as an experienced and qualified design professional the progress and quality of the executed work of contractor(s) and to determine in general if such work is proceeding in accordance with the requirements of any municipal approval or contract documentation.
8.
To secure and maintain and to assure that his/her associated firm will secure and maintain worker's compensation insurance as required by law and liability insurance as required to protect the Borough of Keyport, the Engineer and/or his/her associated firm and their employees and agents from claims for bodily injury, death or property damage which may arise from the performance of his/her (their) services to the Borough. The limits of said liability insurance shall not be less than $1,000,000 with a $1,000,000 excess liability coverage. Automotive liability coverage shall not be less than $500,000 per individual or aggregate with $100,000 property damage and $1,000,000 excess liability coverage. If requested, the Engineer shall provide certificates of insurance to the Borough of Keyport. Such certificates shall provide that the Borough of Keyport shall receive 10 days' written notice prior to any cancellation or alteration of the policy limits or coverage.
9.
To provide and maintain professional liability (errors and omissions) insurance to protect the Engineer and/or his/her associated firm for claims which arise from the negligent performance of the Engineer. Unless higher limits are requested, the limits of said insurance shall be at least $1,000,000.
10.
The Engineer shall be under the supervision of the Borough Administrator.
11.
The Engineer shall attend such official and conference meetings of the Mayor and Council as required.
12.
The Engineer shall report to the Council each month as to the progress of work done under his control and supervision.
d.
Ownership of Documents. All plans, specifications, reports, and other documents ordered by the Borough of Keyport shall remain the property of the Borough of Keyport for use by the Borough of Keyport as it deems necessary. Unless the appropriate Borough officials direct otherwise, the Engineer shall provide one reproducible record set of all project drawings and one set of signed and sealed prints to the Borough.
[Ord. No. 6-96]
a.
Position Established. There is hereby created and established the position of Bloodborne Pathogen Compliance Officer within the Borough of Keyport.
b.
Purpose. The Borough Bloodborne Pathogen Compliance Officer shall be the designated Infection Control Officer in compliance with the provisions set forth in the Federal Register, Part V, March 21, 1994, Department of Health and Human Services, Ryan White Comprehensive Aids Resources Emergency Act; Emergency Response Employee; Notice.
c.
Compliance. Any person employed within the Police Department and any person accepted as a member of the Fire Department or First Aid Squad shall within 10 days of employment or membership be in compliance with the provisions set forth in the Federal Register December 6, 1991, Part II Department of Labor, Occupational Safety and Health Administration 29 CFR 1910.1030 Occupational Exposure to Bloodborne Pathogen; Final Rule. The appropriate department head or entity shall coordinate with the Bloodborne Pathogen Compliance Officer to ensure full compliance with this section.
[Ord. No. 13-98; Ord. No. 19-98; amended 7-16-2024 by Ord. No. 6-24]
a.
Position Established. There is hereby created and established within the Borough of Keyport the position of Zoning Officer.
b.
Duties. The duties of the Zoning Officer shall be as follows:
1.
To enforce the Zoning Ordinances of the Borough of Keyport;
3.
To answer inquiries regarding zoning.
4.
To keep a record of all applications for permits and of all permits and certifications issued, with a notation of all special conditions involved.
5.
To file and safely maintain copies of all plans submitted.
6.
To collect and record fees for zoning permits.
7.
To prepare monthly report for the Mayor and Council summarizing all activity of the previous month concerning the duties of the Zoning Officer.
9.
The Zoning Officer shall be deemed to be the administrative officer as defined in N.J.S.A. 40:55D-3 and shall also issue certifications on behalf of the Borough of Keyport, certifying whether or not a subdivision has been approved by the Borough of Keyport Planning Board in accordance with N.J.S.A. 40:55D-56 and have such other duties or responsibilities as may be required by the Mayor and Council with regard to the Planning Board.
10.
The Zoning Officer shall conduct field inspections and special investigations to ensure compliance with various municipal ordinances, initiate and enforce rules and regulations in relation to the enforcement of ordinances, initiate necessary legal action against violators of various municipal ordinances, prepare needed reports, establish and maintain the records and files and may assist in the promulgation of relevant municipal ordinances.
11.
The Zoning Officer shall have and carry out such other duties and responsibilities as may be required by the Mayor and Council.
c.
Supervision. The Zoning Officer shall be under the supervision of the Business Administrator.
d.
Salary. The salary, working hours and schedule of the Zoning Officer shall be fixed by the Mayor and Council.
[Ord. No. 13-98; Ord. No. 19-98; amended 7-16-2024 by Ord. No. 6-24]
a.
Position Established. There is hereby established and created within the Borough of Keyport the position of Code Enforcement Officer.
b.
Duties. The duties of the Code Enforcement Officer shall be as follows:
2.
Conduct field inspections and special investigations to insure compliance with the aforementioned municipal ordinance.
3.
Initiate legal action against violators of the aforementioned municipal ordinance.
4.
Prepare reports on investigations, findings, violations and other duties as necessary.
5.
Establish and maintain needed records and files.
6.
Assist, when requested by the Mayor and Council, in the promulgation of relevant municipal ordinances.
7.
Attend meetings of the Mayor and Council when requested.
8.
Appear and testify in the Municipal Court or other appropriate boards and agencies in order to insure the enforcement of and compliance with all laws and ordinances.
9.
Establish and maintain complete and comprehensive record system of inspections, complaints, violations and certificates.
10.
Submit monthly reports of inspections made in connection with Certificates of Occupancy and of certificates issued or denied, including the names and addresses of owners, occupants or lessees of premises, dates of inspection, code violations found, if any, notices of violation served, complaints filed with courts or agencies and dates of compliance or disposition of cases.
11.
The Code Enforcement Officer shall have and carry out such other duties and responsibilities as may be required by the Mayor and Council.
c.
Supervision. The Code Enforcement Officer shall be under the supervision of the Business Administrator.
d.
Salary. The salary, working hours and schedule of the Code Enforcement Officer shall be fixed by the Mayor and Council.
[Ord. No. 19-98; amended 7-16-2024 by Ord. No. 6-24]
a.
Position Established. There is hereby created and established within the Borough of Keyport the position of Acting Zoning Officer.
b.
Duties. The duties of the Acting Zoning Officer shall be as follows:
1.
If, for any reason, including, but not limited to illness, absence, or conflict of interest, the Zoning Officer cannot carry out the duties as specified in subsection 2-3.9b of the Revised General Ordinances of the Borough of Keyport, it shall be the duty of the Acting Zoning Officer to carry out said duties as specified in subsection 2-3.9b.
c.
Supervision. The Acting Zoning Officer shall be under the supervision of the Business Administrator.
d.
Salary. The salary of the Acting Zoning Officer shall be fixed by the Mayor and Council.
e.
Term of Office. The term of the Acting Zoning Officer shall be for one year. The first appointee shall serve to December 31 of the year of his appointment. All subsequent appointments shall be for the full term of one year, to take effect January 1 of each succeeding year.
[Ord. No. 19-98; amended 7-16-2024 by Ord. No. 6-24]
a.
Position Established. There is hereby created and established within the Borough of Keyport the position of Acting Code Enforcement Officer.
b.
Duties. The duties of the Acting Code Enforcement Officer shall be as follows:
1.
If, for any reason, including, but not limited to, illness, absence, or conflict of interest, the Code Enforcement Officer cannot carry out the duties as specified in subsection 2-3.10b of the Revised General Ordinances of the Borough of Keyport, it shall be the duty of the Acting Code Enforcement Officer to carry out said duties as specified in subsection 2-3.10b.
c.
Supervision. The Acting Code Enforcement Officer shall be under the supervision of the Business Administrator.
d.
Salary. The salary of the Acting Code Enforcement Officer shall be fixed by the Mayor and Council.
e.
Term of Office. The term of the Acting Code Enforcement Officer shall be for one year. The first appointee shall serve to December 31 of the year of his appointment. All subsequent appointments shall be for the full term of one year, to take effect January 1 of each succeeding year.
[Ord. No. 14-99]
a.
Creation. In accordance with the provisions of N.J.S.A. 40A:9-146 et seq., as amended and supplemented, there is hereby created the Office of Tax Assessor.
b.
Appointment. The Tax Assessor shall be appointed by the Mayor with the advice and consent of the Council.
c.
Term of Office: Vacancy. The Tax Assessor shall hold office for a term of four years from the first day of July next following his appointment. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
d.
Qualifications. The Tax Assessor shall hold a tax assessor certificate provided for in P.L. 1967, c. 44 (N.J.S.A. 54:1-35.25 et seq.).
e.
Power and Duties. The Tax Assessor shall have all the duties, rights and obligations imposed upon him by law and regulations promulgated in connection therewith, including the duty of assessing property for the purpose of general taxation. The assessor shall, in addition to his/her regularly scheduled office hours, field work and other responsibilities set forth in subsection 10-5.1j, be required to appear before the Monmouth County Board of Taxation, the Division of Taxation, the New Jersey Tax Court and such other courts and municipal agencies of competent jurisdiction to defend all municipal assessments of property as certified upon the tax rolls of the municipality.
In addition, the Assessor shall perform the following duties:
1.
Perform all of the functions, powers and duties by law for a municipal assessor.
2.
Make assessments for benefits for local improvements and, for that purpose, have and exercise the powers and duties of an assessor for local improvements as provided by law.
3.
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
4.
Maintain a current Tax Map of the municipality as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by law.
5.
Report to the Mayor and Council as to equalization proceedings and other matters involving the County Tax Board and making recommendations as to action to be taken in that regard.
f.
Compensation. The Tax Assessor shall receive such salary or compensation as the Mayor and Council by ordinance or resolution may fix, provided that the compensation of the Tax Assessor shall not be decreased during their respective terms of office without their written consent.
g.
Multiple Service. A Tax Assessor may be appointed in more than one municipality; provided that the holding of additional appointments does not interfere with the proper discharge of statutory duties, nor conflict with obligations and service to the Borough. The compensation of a tax assessor appointed in more than one municipality shall not be reduced, nor shall any increases in compensation be denied, because of the multiple service.
[Added 5-16-2017 by Ord. No. 5-17]
a.
Position Established. There is hereby created and established the position of Qualified Purchasing Agent within the Borough of Keyport. "Qualified Purchasing Agent" shall mean a purchasing agent who is a holder of a Qualified Purchasing Agent certificate and serves pursuant to N.J.S.A. 40A:11-9, and the regulations promulgated pursuant thereto, N.J.A.C. 5:32-4 et seq.
b.
Qualifications. The Qualified Purchasing Agent is required to possess and maintain a valid Qualified Purchasing Agent certificate issued by the New Jersey Division of Local Government Services, Department of Community Affairs, and satisfy all of the requirements of the applicable statutes and regulations then in effect for the position.
c.
Duties. The Qualified Purchasing Agent will have, on behalf of the Mayor and Council, the authority, responsibility and accountability for the purchasing activity pursuant to Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising for and to receive bids and requests for proposals for the provision or performance of goods, services, and construction contracts; to award contracts pursuant to New Jersey law in accordance with the regulations, forms, and procedures promulgated by state regulatory agencies; and conduct any activities as may be necessary or appropriate to the purchasing functions of the Borough.
d.
Vacancies and Temporary Appointments. If the position becomes vacant, a temporary appointment maybe made pursuant to the provisions of N.J.S.A. 40A:11-9g.
e.
Salary. The salary of the Qualified Purchasing Agent will be fixed by the Mayor and Council in the salary ordinance that is adopted from time to time.
[Ord. No. 253; 1972 Code § 2-3; 10-4-2011 by Ord. No. 19-11]
[Amended 2-3-2015 by Ord. No. 1-15[1]]
There shall be a Municipal Court in the Borough pursuant to N.J.S.A. 2B:12-1 et seq., to be known as the "Municipal Court of the Borough of Keyport." The Municipal Court shall have a seal bearing the impress of the name of the Court. The Court shall be held in the Borough Hall. The Court shall be in session at least one evening each week, the evening to be determined by the Judge and a certificate of the evening filed with the Borough Clerk. It shall additionally be in session at such other times as business may require.
[1]
Editor's Note: This Section 2-4 shall be effective 1-1-2015. All summonses and other appropriate matters issuing or arising from the Borough of Keyport prior to 6-1-2012, or after 12-31-2014, shall be processed in the Keyport Municipal Court. All such summonses and matters issuing or arising during the time period of 6-1-2012, through 12-31-2014, are within the jurisdiction of the Joint Municipal Court located at 225 Middle Road, Hazlet, NJ.
[Amended 2-3-2015 by Ord. No. 1-15]
There shall be a Municipal Judge of the Municipal Court who shall be appointed by the Borough Council. The term of such Judge shall be for a period of three years from the date of appointment and until his successor is appointed and qualified. The Municipal Court and the Municipal Judge shall have, possess and exercise all the functions, powers, duties, and jurisdiction confirmed by the provisions of N.J.S.A. 2B:12-1 et seq., as amended and supplemented, or any other law.
[Amended 2-3-2015 by Ord. No. 1-15]
a.
Appointment and Duties. There shall be an Administrator of the Municipal Court who shall be appointed by the Council and who shall perform the functions and duties prescribed by law, the rules applicable to Municipal Courts, and by the Municipal Judge. The duties of the Court Administrator shall include, but not be limited to:
1.
Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.
2.
Interviewing and speaking to persons wishing to file criminal complaints or wishing information in this regard; receiving complaints and dispensing information relating to Court matters.
3.
Maintaining the financial records of the Court.
4.
Attending court; recording pleas, judgments and dispositions; arranging trial calendars; signing court documents; preparing and issuing warrants and commitments.
5.
Taking and preparing bail bonds, recognizances, and security in lieu thereof; making inquiry concerning their sufficiency and equity; receiving and accounting for fines and costs.
6.
Interviewing persons on informal Municipal Court matters to determine if there is a basis for formal action and, if necessary, issuing summonses requiring court appearances; maintaining and classifying records and files.
7.
Maintaining, forwarding, receiving and reporting such records, reports and files as are required by the New Jersey Motor Vehicle Commission.
b.
Deputy Court Administrator. In the absence of the Court Administrator, the Deputy Administrator shall assume all duties of the office.
[Added 2-17-2015 by Ord. No. 3-15]
a.
Within the Keyport Municipal Court, there shall be created the position of Violations Clerk, who shall be a person qualified by education, training and experience to perform the duties of the title.
b.
The Violations Clerk shall be appointed by, and serve at the pleasure of, the Mayor and Council.
c.
The Violations Clerk shall, under direction of the Court Administrator and/or Deputy Court Administrator, be responsible for and perform the collection of fees for traffic violations, and such other duties as may be required by the Court Administrator or Deputy Court Administrator, including, without limitation, the following duties:
1.
Having charge of and performing the most difficult and responsible work involved in collecting fees for traffic violations in relation to the acceptance of appearance, waivers of trial, pleas of guilty, payment of fines and costs, and traffic violations.
2.
Entering the names of traffic violators, their addresses, amounts of fines, and dates of payments in docket books.
3.
Attending court sessions.
4.
Reviewing, checking, and certifying reports, applications, and other documents for correctness where difficult determinations are concerned.
5.
Handling special requests for information in accordance with prescribed rules and regulations.
6.
Receiving, reviewing, and adjusting complaints.
7.
Answering inquiries and handling correspondence.
8.
Preparing reports and statements.
9.
Giving assignments and instructions to assigned employees.
10.
Making decisions requiring thorough knowledge of the organization.
11.
Maintaining, classifying, indexing, and cross-referencing records and files.
12.
Utilizing (and learning to utilize) various types of electronic and/or manual recording and information systems used by the agency, office, or related units.
[1972 Code § 2-5]
There shall be a Fire Department in the Borough as established in Chapter 3 of this Revision.
[1972 Code § 2-6]
There shall be a Police Department in the Borough as established in Chapter 3 of this Revision.
[Ord. No. 531; 1972 Code § 2-7; Ord. No. 32-89]
a.
Establishment. There shall be a local harbor commission to be known as "The Harbor Commission of the Borough of Keyport."
b.
Composition and Terms. The Commission shall consist of seven residents of the Borough and shall be appointed by the Mayor and confirmed by the Borough Council pursuant to law. Two members of the commission shall be members of the Governing Body and shall be appointed annually. The remaining five members shall be appointed for the following terms: one member for a term of one year; one for a term of two years; one for a term of three years; one for a term of four years and one for a term of five years. Thereafter all appointments, except the members of the Governing Body who shall be appointed for the period of one year, shall be for the term of five years each, and the members shall serve until their successors are appointed and qualified.
c.
Chairman; Secretary. From their membership the Commission shall select by a majority vote one member to act as Chairman and one member to act as Secretary, each for a term of one year or until their successors are appointed and qualified.
d.
Powers and Duties. The Commission shall have the power to make, amend, adopt, and repeal bylaws for its operation and designate such additional officers from its membership as it shall deem necessary.
The Commission shall be vested with the power and duty to regulate and control with respect to the management, operation and control of the harbor and waterfront owned or leased by the Borough, including the construction, maintenance, operation and use of the harbor, waterfront, beach, land and all properties, structures, piers, bulkheads and jetties located upon lands owned or leased by the Borough and upon lands owned or leased by the Borough contiguous to the Raritan Beach of the Borough. However, the Commission shall have no power, authority, control or otherwise with respect to lands or premises to the programs, policies, and use of lands and premises and beaches presently owned by the Borough or in the future to be acquired by the Borough for recreational purposes.
e.
Expenditures. The Commission shall not create any expenditure of any kind, nature or description, including but not limited to any lease or transfer of property to a value exceeding $500 without first acquiring the approval of the Mayor and Borough Council.
f.
Compensation. Each member of the Commission shall serve without compensation.
[1]
Editor's Note: Former § 2-7.2, Board of Assistance, was repealed by Ord. No. 9-99.
[Ord. No. 535; 1972 Code § 2-9; Ord. No. 32-89]
There shall be a Planning Board in the Borough pursuant to N.J.S.A. 40:55D-1.4 as established in Section 25-3 of this Revision.
[1]
Editor's Note: Former § 2-7.4, Zoning Board of Adjustment, was repealed by Ord. No. 1-97.
[1972 Code § 2-11]
b.
Powers and Duties. The Board of Health shall have the power and authority to adopt ordinances relating to the protection of the health of Borough residents, shall employ necessary personnel and fix their salaries, and shall have under its jurisdiction the Bureau of Vital Statistics of the Borough, the Health Officer and such other employees necessary to carry out its duties. The Board of Health shall have all the jurisdiction conferred upon boards of health by N.J.S.A. Title 26.
[Ord. No. 12-87; Ord. No. 2-89; Ord. No. 27-91; Ord. No. 14-96]
a.
Established. There shall be an Historic Preservation Commission in the Borough consisting of five members and two alternate members who shall be appointed by the Mayor pursuant to N.J.S.A. 40:55D-107 et seq.
b.
Members; Terms. The Historic Preservation Commission shall include at least one member of each of the following classes: Class A - a person who is knowledgeable in building design and construction or architectural history and who may reside outside the Borough; and Class B - a person who is knowledgeable with a demonstrated interest in local history and who may reside outside the Borough. Those regular members who are not designated as Class A or Class B shall be designated as Class C. Class C members shall be citizens of the Borough and shall hold no other municipal office, position or employment except for membership on the Planning Board. Alternate members shall meet the qualifications of Class C members. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."
The terms of the members first appointed to the Historic Preservation Commission shall be so determined that to the greatest practicable extent, the expiration of the term shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment. The initial term of a regular member shall not exceed four years and initial term of an alternate member shall not exceed two years. Thereafter, the term of a regular member shall be for four years, and the term of an alternate member for two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the term of any member of the Historic Preservation Commission who is also on the Planning Board shall be limited to the term of membership on the Planning Board.
The Historic Preservation Commission shall elect a Chairman and Vice-Chairman from its members and elect a Secretary who may or may not be a member of the Historic Preservation Commission and who may or may not be a municipal employee.
Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a Class C member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
c.
Expenses and Costs. The Borough Council shall make provision in its budget and appropriate funds for the expense of the Historic Preservation Commission. The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall be necessary. The Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the governing body. Expenditures of the Historic Preservation Commission shall not exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for the Commission's use.
d.
Responsibilities. The Historic Preservation Commission shall have the responsibility to:
1.
Prepare a survey of historic sites of the Borough.
2.
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
3.
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
4.
Advise the Planning Board and Board of Adjustment on applications for development in any historic zoning districts or historic sites designated on the Zoning or Official Map or in any component element of the Master Plan.
5.
Provide written reports on the application of any zoning ordinance provisions concerning historic preservation.
6.
Carry out such other advisory, educational, and informational functions as will promote historic preservation in the Borough.
e.
Quorum. Three members of the Commission shall constitute a quorum for the conduct of official business.
f.
Establishment of Historic districts.
1.
Establishment of Districts. It is hereby established that four historic districts, to be known as the First Street Historic District, Main Street Historic District, Front Street Historic District and Browns Point Historic District, and as further described by lot and block numbers on the Schedules A, B, C, and D attached hereto[1] and made a part hereof.
[1]
Editor's Note: Schedules A, B, C and D, referred to herein may be found in Chapter XIX, Historic Districts.
2.
Purpose. These districts are created for advisory purposes only, and do not constitute an amendment for supplement to the zoning ordinances of the Borough of Keyport. The purpose of the creation of these districts is to promote the educational, cultural, economic and general welfare of the Borough through the preservation of historic buildings and structures and of places and districts through the development and maintenance of appropriate settings for such buildings, structures, places and districts which impart to residents and visitors alike a distinct aspect of the Borough which serve as visible reminders of historical and cultural heritage of the Borough, State and the nation. The creation of these historic districts is intended to:
(a)
Safeguard the heritage of the Borough by preserving resources within the Borough which reflect elements of its cultural, social, economic and architectural history;
(b)
Encourage the continued use of historic landmarks and to facilitate their appropriate reuse;
(c)
Promote appreciation of historic districts for education, pleasure and the welfare of the local population;
(d)
Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, and districts within the Borough;
(e)
Foster beautification and private reinvestment;
(f)
Discourage unnecessary demolition of historic resources;
(g)
Encourage the proper maintenance and preservation of historic districts;
(h)
Enhance the visual and aesthetic character and diversity of the Borough;
(i)
Promote the conservation of historic districts and to invite voluntary compliance.
3.
Historic Preservation Review — Certificate of Appropriateness.
(a)
Within the historic districts designated by the attached schedules, copies of applications or approvals by the Zoning Board of Adjustment or the Planning Board shall be promptly forwarded to the Historic Preservation Commission by the Administrative Officer of the appropriate Board. Where an application or approval is found by the Zoning Board of Adjustment or the Planning Board to require Commission review, the applicant shall be required to submit an application for Certificate of Appropriateness to the Historic Preservation Commission. As part of this application, the Commission may require the submission of such materials as are reasonably required for it to render a decision on the application. This application shall accompany the application for development when it is referred to the Historic Preservation Commission for review and must be complete in order to be considered. The Historic Preservation Commission shall review such applications and make such written reports, comments, and/or recommendations to the respective Board as the Commission may deem appropriate to support its decision to either grant or deny a Certificate of Appropriateness for the proposed project. The reports, comments and/or recommendations made by the Commission and its decision to grant or deny a Certificate of Appropriateness shall be advisory only, and shall not be binding upon the Zoning Board of Adjustment or the Planning Board. The Zoning Board of Adjustment or Planning Board may in their discretion take official action on an application prior to receipt of a decision, written report, commend and/or recommendation from the Historic Preservation Commission.
(b)
The Construction Code Official shall promptly forward to the Historic Preservation Commission a copy of all applications for construction or building permits for work on a facade of a structure facing a public right-of-way within a historic district. Where an application or approval is found by the Construction Code Official to require Commission review, the applicant shall be required to submit an application for Certificate of Appropriateness to the Historic Preservation Commission. As part of this application, the Commission may require the submission of such materials as are reasonably required for it to render a decision on the application. This application shall accompany the application for development when it is referred to the Historic Preservation Commission for review and must be complete in order to be considered. The Historic Preservation Commission shall review such applications and make such written reports, comments, and/or recommendations to the respective Board as the Commission may deem appropriate to support its decision to either grant or deny a Certificate of Appropriateness. The Historic Preservation Commission shall have a period ending on the 14th day after the filing of the building or construction permit application to deliver a written report, comment and/or recommendation to the Construction Code Official. The report, comment and/or recommendation made by the Historic Preservation Commission to the Construction Code Official shall be advisory only, and is not binding upon the Construction Code Official or the applicant. The Construction Code Official shall endeavor to obtain a written report from the Historic Preservation Commission prior to the issuance of any construction or building permits affecting the facade facing a public right-of-way in a historic district, but in no event shall the Construction Official delay the issuance of a permit to an applicant beyond the twenty-day time period set forth in the Uniform Construction Code adopted by the State of New Jersey. The Construction Code Official may, in his discretion, issue for construction or building permits for work on a facade facing a public right-of-way within a historic district prior to receiving a written report, comments and/or recommendations from the Historic Preservation Commission.
[Ord. No. 18-93; Ord. No. 8-07; amended 4-5-2022 by Ord. No. 10-22]
a.
Creation. The municipality of Keyport Environmental Commission is hereby established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 40:56A-12), as amended.
b.
Members. A Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the municipality of Keyport; the members shall serve for terms of three years without compensation except as hereinafter provided and shall serve until the appointment and qualification of their successors. A member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission. The members of the Commission may elect a Vice Chairman and Secretary of the Commission. The Mayor may also appoint a member of the Borough Council to serve as liaison to the Commission. The liaison shall attend and participate in Commission meetings but shall have no vote in the Commissions deliberations or decisions.
The Mayor may appoint not more than two alternate members who shall be residents of the municipality of Keyport. The members shall serve without compensation except as hereinafter provided. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
The terms of the alternate members shall be for two years. The term of not more than one alternate member shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
The Mayor or governing body may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
c.
Powers of Commission. The Commission is established for the protection, development or use of natural resources including water resources, located within territorial limits of the municipality of Keyport. The 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 marshland, swamps and other wetlands, in order to obtain information on the proper use of such areas and may from time to time recommend to the Planning Board plans and programs for inclusion in the Master Plan and the development and use of such areas.
d.
Acquisitions by Commission. The Environmental Commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the municipality 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.
e.
Records and Annual Reports. The Environmental Commission shall keep records of its meetings minutes and activities and make an annual report to the governing body. The Environmental Commission shall file a copy of its meeting minutes with the Borough Clerk no later than 10 days after the Commission's approval of the meeting minutes. The Environmental Commission shall file a copy of its annual report with the Borough Clerk within 30 days after the close of each fiscal year.
f.
Appropriations. The governing body of a municipality may appropriate funds for the expenses incurred by the Environmental Commission. The Commission may appoint such clerks and other employees and incur such expenses as it may from time to time require, providing the same shall be within the limits of funds appropriated to it by the governing body or otherwise available to it. Any expenditures made by the Environmental Commission shall be made in accordance with Borough purchasing procedures.
g.
Studies and Recommendations. The Environmental Commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.
[Ord. No. 20-93; Ord. No. 2-07; Ord. No. 20-11; amended 12-20-2016 by Ord. No. 27-16]
a.
A Recreation Committee shall be established, which shall operate in an advisory capacity and shall plan a comprehensive annual community recreation program and advise the Mayor, Borough Council and the Borough Administrator on the operation of the Borough beaches, parks, playgrounds, and indoor and outdoor recreation programs and such other advisory duties as may be assigned to it by the Mayor and Borough Council. In December of each year, the Committee, in conjunction with the Borough, shall plan and publish a list of recreation programs and events for the coming year.
b.
The Recreation Committee shall consist of seven members and two alternates appointed by the Mayor with the advice and consent of the Borough Council. The Committee shall designate one of their members to serve as Chairman and presiding officer of the Committee.
c.
The Committee members initially appointed shall be appointed for terms of one, two, three, four and five years, respectively, in such a manner that the terms of not more than two Committee members shall expire in each year, and thereafter all appointments shall be for terms of five years.
d.
The Committee members shall serve until their respective successors are appointed and qualified.
e.
The Committee members shall receive no compensation for their services.
[Added 12-18-2018 by Ord. No. 33-18; amended 2-19-2019 by Ord. No. 3-19; 5-20-2025 by Ord. No. 4-25]
a.
Establishment. The purpose of this section is to establish the Borough of Keyport Municipal Alliance Committee, whose mission is to provide consultation, programs, training, and resources to the Borough of Keyport community with the goal of preventing and reducing the use and abuse of alcohol, tobacco, and other drugs. For participation in the Alliance Network to Prevent Alcoholism and Drug Abuse, the Mayor and Borough Council must appoint a Municipal Alliance Committee (MAC). This committee shall bring together representatives from government agencies, public and nonpublic schools, health care organizations, law enforcement agencies, business and civic groups, parents, youth and the community at large.
b.
Membership. Membership on a MAC must include broad representation from the local community to make and influence change. It is formed and developed over time and open to growth and change to best reflect the needs and characteristics of the community. The Mayor, with the advice and consent of the Borough Council, shall make the following appointments to the MAC:
1.
Police Commissioner (or designee); de facto, term of office;
2.
The Chief of Police (or designee); de facto, term of office;
3.
One School District administrative staff and/or School Board member; recommended by the Board of Education, one year;
4.
One Student Assistance Coordinator or other Student Support Services staff member; recommended by the superintendent of schools, appointed by the Mayor with the advice and consent of the Borough Council, one year;
5.
One representative of the Parent-Teacher Association or other home-school association; recommended by the PTA, and appointed by the Mayor with the advice and consent of the Borough Council, one year;
6.
One representative of the Keyport Borough Council;
7.
Five to eight members for the following categories, with no single group representing a majority, and appointed by the Mayor with the advice and consent of the Borough Council, for a term of three years;
(a)
Parents and/or guardians; or
(b)
A representative from youth servicing organizations; or
(c)
A representative of the Keyport Special Improvement District; or
(d)
Representatives of local civic or volunteer groups; or
(e)
Representatives of local faith-based organizations; or
(f)
Private citizens with interest or experience in issues concerning alcohol or drug abuse, addiction or juvenile delinquency; or
(g)
Youth representatives; or
(h)
Older adult representative; or
(i)
Individuals who have been affected by alcoholism or drug abuse, including individuals who have been directly affected by their own, or family's member's abuse or addictions; or
(j)
Health and human service agencies/professionals; especially health care professionals; or
(k)
Representatives of the local communications media; or public relations; or
(l)
Representatives of public and private organizations involved in the prevention or treatment of alcoholism and drug abuse and/or the Regional Coalition.
c.
Purpose. The purposes of the Municipal Alliance Committee shall include the following:
1.
To organize and coordinate efforts involving school, law enforcement, business and community groups for purposes of reducing alcoholism and drug abuse.
2.
To develop, in conjunction with the Keyport School District comprehensive alcoholism and drug abuse education programs for grades K through 12.
3.
To develop, in conjunction with the Keyport School District, procedures for intervention, treatment/referral and discipline of students involved with substance abuse.
4.
To develop comprehensive alcoholism and drug abuse education, outreach and support efforts for parents.
5.
To develop a comprehensive alcoholism and drug abuse community awareness program.
d.
Functions. The functions of the Municipal Alliance Committee shall be:
1.
To create a network of community leaders, private citizens and representatives for public and private human service agencies who are dedicated to promote and support drug and alcohol prevention and education programs.
2.
To conduct an assessment of community-wide needs pertaining to drug abuse and alcohol issues.
3.
To identify existing efforts and services acting to reduce alcoholism and drug abuse.
4.
To assist in the development of programs at the municipal level that accomplishes the mission of the alliance effort.
5.
To assist the municipality in acquiring funds for alliance programs via grants and fund raising.
6.
To cooperate with the Governor's Council on Alcoholism and Drug Abuse (the GCADA), as well as the County Alliance Committee, to provide data, reports or other information that may be needed to assist in the alliance effort.
7.
To conduct a needs assessment, set priorities, develop plans and implement evidence-based substance abuse prevention programs and initiatives that meet the needs of the Borough of Keyport.
e.
Position created. There is hereby created the position of Municipal Alliance Coordinator for the Borough of Keyport.
f.
Hours of work; appointment; term of office.
1.
The position of Municipal Alliance Coordinator shall be a part-time position.
2.
The Municipal Alliance Coordinator shall be appointed by the governing body and shall serve for a term of one year, commencing on January 1 of the year of appointment and ending on December 31 of that year or until a successor has been appointed and qualified.
g.
Qualifications. To be appointed to the position of Municipal Alliance Coordinator for the Borough of Keyport, an individual must possess the following qualifications:
1.
Preferred, but not required, graduation from a four-year course at an accredited college or university.
2.
Experience or training in the ATOD (Alcohol, Tobacco and Other Drugs) Council field.
3.
Experience in coordinating and managing programs in a related field, fund raising, grant writing, volunteer recruitment and community engagement.
4.
Ability to read, write, speak, understand and communicate in the English language sufficiently to perform the duties of the position.
5.
The ability to work collaboratively with other municipal entities and departments and establish and maintain effective working relationships with participants, associates and the public.
6.
Experienced in marketing, promoting and advertising events.
7.
Must stay current and informed of latest trends and addiction threats to the community.
h.
Duties. The Municipal Alliance Coordinator shall be responsible for the planning, promotion, development and supervision of the municipal alliance program as follows:
1.
Prepare and administer all grant applications related to alcohol, tobacco and other drug (ATOD) alliance prevention/education programs and activities in the Borough of Keyport as outlined in the approved grant.
2.
Prepare an annual alliance plan outlining ATOD programs and activities.
3.
Ensure current data and community trends are collected, analyzed, and utilized for coalition efforts, including the creation of and updating of the logic model and action plans.
4.
Monitor all C.A.S.A. expenditures and programmatic activities for compliance with the municipal plan and contract and state and county guidelines.
5.
Ensure that all requirements of the GCADA grant are met.
6.
Work with the Borough of Keyport Finance Office to ensure proper use and reporting of funds, including documentation of the required municipal match.
7.
Maintain proper records to ensure efficient organization.
8.
Gather information for the community needs assessment and making recommendations for future grant applications based on that information.
9.
Draft and submit the grant proposal to the GCADA.
10.
Schedule and facilitate two municipal drug alliance meetings per month that meet the standards of the Sunshine Law, one in the afternoon and one in the evening, to provide the community the opportunity to participate in the future of alliance programming.
11.
Adhere to Borough guidelines as set forth in local ordinances, employee guidelines, standard operating procedures and business practices.
12.
Coordinating and managing alliance volunteers by scheduling meetings, providing information and training, overseeing committees and maintaining pertinent records.
13.
Increase public awareness of the need to prevent alcohol, tobacco and drug abuse by developing materials and working to publicize environmental strategy by developing materials and working to publicize environmental strategy efforts via a monthly newsletter, updated social media, press and other media releases.
14.
Organizing fund-raising activities that will provide additional funds.
15.
Identify and apply for additional grant funding, increasing grant award amount from year to year.
16.
Attend all GCADA's quarterly meetings.
17.
Attend trainings and conferences in education/prevention to keep abreast of the emerging trends and to disseminate information to the community.
18.
Preparing the annual grant application which shall require attendance at Monmouth County grant-related meetings/training and the compilation of statistical and financial information.
19.
Provide technical assistance with capacity building and sustainability of education or prevention programs within the Borough of Keyport and network/collaborate on programming with other township organizations to maximize program outcomes.
20.
Ensure current data and community trends are collected, analyzed, and utilized for coalition efforts, including the creation of and updating of the logic model and action plans.
21.
Coordinating activities with other municipal agencies and organizations, including the Board of Education, the Keyport Police Department (i.e., PBA-sponsored events, LEAD, and National Night Out), the Keyport Recreation Advisory Committee (i.e., Summer Camp Program and events throughout the year) and the Keyport Special Improvement District (events TBA).
22.
Design job descriptions for consultants retained under alliance employ for Council approval.
23.
Plan sober/healthy events for the community-at-large promoting healthy recreational opportunities throughout the year.
24.
Maintaining and filing all records in a central office. Such records shall include, but not be limited to, minutes of monthly meetings, financial records, the annual grant and related documents, program descriptions and evaluations, copies of the newsletter, media releases, and a video pamphlet library, correspondence with the County of Monmouth and training and time records for alliance volunteers.
25.
Provide monthly reports to the Police Commissioner, including pertinent data to measure the success of the program such as financial expenditures, pertinent activity data such as satisfaction survey results, attendance, audience and overview of the program.
i.
Compensation. The salary for the part-time position of Municipal Alliance Coordinator shall be fixed by the Mayor and Borough Council in accordance with the terms and provisions of the annual Salary Ordinance of the Borough of Keyport. Said position may also be funded, if possible, through grants from the GCADA.
j.
Chairperson. The Chairperson is responsible for running Municipal Alliance Committee meetings and for providing leadership through the Municipal Alliance Committee to formulate local policies and procedures. The Municipal Alliance Committee shall appoint the Chairperson for the calendar year by motion at the first meeting of the calendar year. In the event of a vacancy in the position of Chairperson, the Municipal Alliance Committee shall appoint a Chairperson for the remainder of the calendar year at the meeting immediately following the vacancy. The Municipal Alliance Coordinator is not eligible to be appointed as Chairperson.
[Ord. No. 542; 1972 Code § 2-12.1]
Any person claiming payment from the Borough shall first submit a detailed statement of the items or demand necessitating the claim to the responsible executive agency, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has attached to it or includes a certification of a department head or other Borough official responsible for certain functions or of his duly designated representative, having personal knowledge of the facts that the goods have been received by, or the services rendered to the Borough, and that those services or goods are consistent with any existing contract or purchase order. The Chief Financial Officer shall have the duty to audit, warrant and make recommendations on all claims and bills.
[Ord. No. 542; 1972 Code § 2-12.2]
The bill or claim duly certified shall be presented to the Borough Clerk for inclusion in the agenda of the next formal meeting of the Borough Council and it shall be the duty of the Clerk to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the Borough Council shall be listed systematically without preference and the list shall be made available to every member of the Borough Council at least three full days prior to formal action by that body.
[Ord. No. 542; 1972 Code § 2-12.3]
Claims shall be considered by the Borough Council which shall approve them, except that the Borough Council may reject any claim presented to it stating the reason for the rejection. Any disapproved claim shall be referred back to the Borough Clerk with such instructions as the Borough Council may give at the time of disapproval.
[Ord. No. 542; 1972 Code § 2-12.4]
It shall be the duty of the Borough Clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the Borough Council has by formal action approved the claims with appropriate record as to any claims disapproved or rejected. All records pertaining to approved and disapproved bills or claims shall be available for public inspection.
[Ord. No. 542; 1972 Code § 2-12.5; Ord. No. 32-89]
After the Clerk has certified that the claims have been approved, he shall turn them over to the Treasurer, or other Chief Financial Officer, who shall forthwith prepare the necessary checks for payment. The checks shall be signed by the appropriate Borough official or other Chief Financial Officer. After preparing checks for the payment of claims, the Treasurer shall record them in proper books of account and then mail the checks to the claimants.
[Ord. No. 13-79]
Pursuant to the authority and provisions of Chapter 184, Laws of New Jersey of 1978, no payment to a claimant by any insurance company of any claim in excess of $2,500 for fire damages on any real property located within the Borough pursuant to any fire insurance policy issued or renewed after the passage and filing of this section with the State Commissioner of Insurance, until such time as all taxes and assessments and all 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 pursuant to subsection 2-9.2 below.
[Ord. No. 13-79]
Unless a resolution is enacted in accordance with subsection 2-9.3 below, any insurance company writing fire insurance policies in the Borough, is hereby authorized and required, prior to the payment of any claims for fire damages in excess of $2,500, to pay to the Borough, or the appropriate agency, the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that if 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 withhold 75% of the full amount of the lien or charge being contested 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 or judgment of the Court.
[Ord. No. 13-79]
The Mayor and Council may enter into an agreement with the owner of any fire damaged property within the Borough 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 the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of N.J.S.A. if the Council is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property. An insurance company receiving a certified copy of a resolution of agreement from the Borough Council is authorized to make full payment on the claim to the insured person.
[Ord. No. 13-79]
A municipal claim made in accordance with this section shall be paramount to any other claims on the proceeds of the fire insurance policy, except the claim of a holder of a mortgage on 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 under this section only to the extent of the amount due and payable to the mortgagee under the mortgage contract.
[Ord. No. 2-91]
A bad check is a check or other written instrument which is returned for insufficient funds, account closed, improper or no signature or any other reason not the fault of the payee, Borough of Keyport.
[Ord. No. 2-91]
Any person, corporation, firm, association or entity of any kind which tenders a bad check which is returned unpaid for insufficient funds, account closed, improper signature or any other reason which results in a debit to the Borough of Keyport or any of its accounts, shall pay the sum of $20 as a service charge to the Borough of Keyport. If, after, the Borough of Keyport contacts the maker of the check or other instrument that same has been returned as a bad check, and the maker gives written authorization to process the same check again and same is returned as a bad check for a second time, then in that event a second $20 service charge shall be paid. Thereafter, any payment shall be by cash, certified or cashier's check.
[Ord. No. 2-91]
a.
If the account owing to the Borough of Keyport for which the bad check is tendered is for a tax or special assessment, the service charge shall be included in the list of delinquent accounts for enforcement of the lien.
b.
The service charge authorized herein shall be collected in the same manner prescribed by law for the collection of the account for which the check or other written instrument was tendered.
[Ord. No. 18-75; 1972 Code § 2-16.1]
The Borough hereby requests participation in the Monmouth County Voluntary Cooperative Pricing-Purchasing Program.
[Ord. No. 18-75; 1972 Code § 2-16.2]
The Mayor and the Borough Clerk are hereby authorized to complete all documentation as required for participation in this program.
[Ord. No. 18-75; 1972 Code § 2-16.3]
The Borough reserves the right to participate or not participate in the purchase of commodities, at the discretion of the Borough Council.
[Ord. No. 18-75; 1972 Code § 2-16.4]
This section shall have an indefinite life until repealed by act of the Borough Council.
[Ord. No. 14-75; 1972 Code § 2-17.1]
The Borough, on the one part, has entered into an agreement dated July 23, 1973 with the Bayshore Regional Sewerage Authority, hereinafter Authority, on the other part, under which the Authority has undertaken the construction and operation of certain sewerage transportation and treatment facilities and the Borough has agreed to pay certain charges.
The agreement dated July 23, 1973 was previously approved, ratified, confirmed and authorized pursuant to an ordinance adopted by the Borough effective July 23, 1973. Certain rules and regulations of the Environmental Protection Agency of the United States of America require the amendment of the agreement executed July 23, 1973.
[Ord. No. 14-75; 1972 Code § 2-17.2]
The supplemental agreement hereinafter set forth is hereby authorized and approved and the Mayor and Borough Clerk are hereby authorized to execute such agreement for and on behalf of the Borough.
[Ord. No. 14-75; 1972 Code § 2-17.3]
The agreement entered into between the Authority and the Borough dated July 23, 1973 is amended and supplemented as follows:
a.
Section 1.01 Authority to Construct and Operate Facilities. After the last paragraph on page 3 of the agreement, insert the following:
In order to satisfy the requirements of the United States Environmental Protection Agency, the Authority and the Borough will pass an enforceable ordinance or resolution adopting an equitable cost recovery system for industrial wastes, and a regulation concerning sewer use, subject to United States Environmental Protection Agency approval.
b.
Section 1.02 Connection to Authority Facilities; Keyport Not to Use Other Treatment Facilities; Connection to Collection Systems. Section 1.02 is hereby supplemented to provide after the last paragraph on page 4 of the agreement the following:
1.
The final analysis for determining the method of dealing with extraneous flows in the Borough's sewer collection system must be based upon a cost-effective analysis and evaluation survey as required by the regulatory agencies. The Borough will maintain its sewerage collection system in such a manner as to exclude excessive infiltration and storm water inflow into the system. If excessive infiltration and/or storm water inflow exists or occurs at some future date, the Borough will effect such repairs or other measures so as to reduce the infiltration or inflow to normally allowable limits; which are acceptable to those regulatory agencies having jurisdiction.
2.
In the event that the Borough does not have existing sewerage collection systems serving in whole or in part the users located within the area described in Schedule A attached hereto and made a part hereof, then the Borough shall construct, or cause to be constructed, all necessary sewerage collection systems within the area set forth in Schedule A of the agreement.
c.
Section 2.05 Financial Responsibilities. After the last paragraph on page 11 of the Agreement dated July 23, 1973 insert the following:
Anything to the contrary notwithstanding, the Borough shall adopt a user charge which results in the distribution of the operation and maintenance costs of the Authority's facilities to each user (or user class) in approximate proportion to its contribution to the total operation and maintenance costs of Authority's facilities. The Borough must in the minimum comply with Section 35.935-13, User Charges and Industrial Cost Recovery of the Federal Register Vol. 38, No. 161 — August 21, 1973, its amendments and supplements. Section 35.935-13 only applies to operation and maintenance charges, and does not apply to debt service charges of the Authority facilities. It is understood and agreed between the parties hereto that the aforesaid regulation dealing with what the Borough charges its users is distinct and separate from the service charge to be paid by the Borough to the Authority under the terms of the within Agreement.
[Ord. No. 14-75; 1972 Code § 2-17; Ord. No. 32-89]
Anything in the agreement dated July 23, 1973, between the parties, notwithstanding the provisions hereof, shall apply.
[Added 11-8-2012 by Ord. No. 20-12]
[1]
Editor's Note: Former Sec. 2-13, Contract with Borough of Matawan for Local Public Health Services, enacted by Ord. No. 9-78, is no longer in effect and has been removed from the Revised General Ordinances.
[Ord. No. 204; 1972 Code § 2-13; Ord. No. 32-89]
The following shall be the method of payment for compensation due all officers and employees of the Borough, who are regularly employed by the Borough.
The Financial Administrator or Treasurer shall present biweekly to the Borough Council for approval warrants drawn to the order of the Borough payroll account as follows:
In advance for all employees whose salaries are on an annual or weekly basis when such salaries are due and payable prior to the next regular meeting of the Borough Council. |
In advance for all employees whose compensation is on an hourly basis when the compensation has been approved by the head of the appropriate department and has been certified to the Borough Treasurer. |
After the first meeting of the Borough Council in January of each year shall be approved an account to be designated the Borough payroll account, and the Treasurer upon receipt of a warrant for the amount due such payroll account shall deposit the same to the credit of the payroll account charging the appropriate budgetry accounts therewith. |
The Treasurer shall thereafter draw checks on this payroll account to the employees entitled to payment from it. |
The Treasurer shall submit for the approval or ratification as the case may be the necessary payrolls for the amount due the officers and employees for compensation. The payroll shall be considered by the Borough Council in due course and approved if found to be correct. |
In case of error or adjustment in the payroll, the Treasurer shall, and it shall be his duty to see that the error or adjustment is properly corrected and an appropriate record made. |
Such officers as may be designated by the Borough Council are authorized to sign warrants drawn in favor of the payroll account upon due notice that the appropriate payrolls have been approved by the proper committee and by the proper certifying authorities, which certifying authorities and committees shall be those designated by resolution adopted by the Mayor and Council. |
[Ord. No. 9-90]
As a condition for the issuance or renewal of any license or permit issued by or requiring the approval of the Borough of Keyport, the owner-applicant shall pay any delinquent property taxes or assessments on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted.
[Ord. No. 9-90]
Whenever a property owner has failed to pay the taxes due on the property for at least three consecutive quarters, the Borough may, upon notice to the licensee and property owner, revoke or suspend any license or permit until the payment of the delinquent taxes and assessments is made. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
[Ord. No. 9-90]
Prior to the issuance of licenses and permits by the various departments or agencies of the Borough of Keyport, said owner-applicant shall ascertain from the office of the Tax Collector, that taxes and assessments have been paid to a current basis for the property on which the activity or business in question is to take place. In the event that property taxes or assessments are unpaid to a current basis, no permits or licenses shall be issued until all such payments have been made by the property owner.
[Ord. No. 9-90]
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act. The provisions of this section shall apply to all other permits and licenses issued by, or requiring approval of, the Borough of Keyport, including but not limited to:
a.
Permits required pursuant to the Uniform Construction Code;
b.
Certificates of Occupancy;
c.
Soil Removal Permits;
d.
Food Establishment Licenses;
e.
Water and Sewer Connection Permits;
f.
Demolition Permits;
g.
Business Sale Licenses;
h.
Auction Sale Licenses;
i.
Taxi Owner Licenses;
j.
Limousine and Livery Licenses;
k.
Vending Machine Licenses;
l.
Junk Dealer Licenses.
[Ord. No. 16-90; Ord. No. 17-93]
An agreement has been proposed under which the Borough of Keyport and the County of Monmouth in cooperation with other municipalities will establish an Interlocal Services Program pursuant to N.J.S.A. 40:8B-1.[1]
It is in the best interest of the Borough of Keyport to enter into such an agreement.
[1]
Editor's Note: The Interlocal Services Aid Act, P.L.1973, c. 289 (N.J.S.A. 40:8B-1 et seq.) was repealed by L. 1999, c. 61. See now N.J.S.A. 54:4-8.76 et seq., the Regional Efficiency Aid Program Act.
[Ord. No. 16-90; Ord. No. 29-90; Ord. No. 17-93]
Be it ordained by the Mayor and governing body of the Borough of Keyport, that the agreement entitled "Agreement Between the County of Monmouth and certain municipalities located herein for the establishment of a cooperative means of conducting certain community development activities," a copy of which is attached hereto[1] be executed by the Mayor and Municipal Clerk in accordance with the provisions of law.
[1]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk attached to Ordinance No. 17-93.
[Ord. No. 18-90]
An agreement has been proposed with the municipality of Keyport and the County of Monmouth in cooperation with other municipalities to modify an Interlocal Services Act pursuant to N.J.S.A. 40:8B-1.[1]
It is in the best interest of the municipality of Keyport to enter into such an agreement.
[1]
Editor's Note: The Interlocal Services Aid Act, P.L.1973, c. 289 (N.J.S.A. 40:8B-1 et seq.) was repealed by L. 1999, c. 61. See now N.J.S.A. 54:4-8.76 et seq., the Regional Efficiency Aid Program Act.
[Ord. No. 26-93]
Pursuant to N.J.S.A. 40:48-2.26, "Brush and hedges near roadways and intersections, the cutting of," the County of Monmouth is hereby named as an officer of the Borough of Keyport exclusively for the purposes of this section and is empowered to carry out this Ordinance on all County roads and at all intersections with County roads.
[Ord. No. 26-93]
All owners or tenants of lands lying within the limits of the Borough of Keyport shall keep all brush, hedges and other plant life, growing within 10 feet of any roadway, and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet where it shall be necessary and expedient for the preservation of the public safety, within 10 days after notice to cut same, and to provide for the cutting of same by or under the direction of some officer of the municipality, specifically the Director of Public Works, where the owner or tenant has refused or neglected to cut the same in the manner and within the time provided for above.
[Ord. No. 26-93]
In all cases where brush, hedges and other plant life are cut from any lands within the limitations of this section hereof by or under the direction of the Director of Public Works, the Director of Public Works or his designate shall certify the cost thereof to the Borough Council, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands, or in the event that such cost is excessive, cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same Borough officers and in the same manner as Borough taxes.
[Ord. No. 1-98; Ord. No. 19-11]
a.
Appointment. The Joint Municipal Court Public Defender shall be appointed in the manner provided by this section and in accordance with the terms of the Shared Services Agreement for the Establishment of a Joint Municipal Court between the Township of Hazlet, Borough of Keyport and Borough of Matawan.
b.
Representation. Any person applying to the Joint Municipal Court for representation by a Municipal Public Defender shall, in accordance with the provisions of P.L. 1997, c.256,[1] pay an application fee of not more than $200 but only in an amount determined by the Municipal Court Judge, necessary to pay the costs of Municipal Public Defender Services. The Municipal Court may waive said application fee in whole or in part if the court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation. Said determination shall be made in accordance with the applicable provisions under law.
[1]
Editor's Note: See N.J.S.A. 2B:24-17.
[Ord. No. 1-01; Ord. No. 19-11]
The Joint Municipal Court Prosecutor shall be appointed in the manner provided by this section and in accordance with the terms of the Shared Services Agreement for the Establishment of a Joint Municipal Court between the Township of Hazlet, Borough of Keyport and Borough of Matawan. The Municipal Prosecutor shall have the jurisdiction, powers and duties prescribed by N.J.S.A. 2B:25-1 et seq.
[Ord. No. 16-00; amended 4-21-2015 by Ord. No. 11-15; 2-19-2019 by Ord. No. 6-19]
a.
Those residents of the Borough of Keyport who volunteer their time and service as first aid, first aid auxiliary, fire company, community emergency response team, municipal board and/or commission members or Board of Education members within the Borough of Keyport ("Borough") provide valuable services to the Borough and its residents.
b.
The Mayor and Council desire to further recognize and promote the community service of these volunteers, and to encourage other residents to join these respective organizations and volunteer both time and talent.
[Ord. No. 16-00; Ord. No. 12-01; amended 4-21-2015 by Ord. No. 11-15; 2-19-2019 by Ord. No. 6-19]
As used herein, the following terms shall be defined as follows:
Any spouse, or any child under the age of 18 years, physically residing with the volunteer on a regular basis.
Shall refer only to those fees established by the Borough which are expressly set forth in Subsection 2-20.3. In no event shall the term "fees" be construed to mean any fee established pursuant to an interlocal government agreement.
Includes any active, active exempt, exempt or life member within any fire company, as fixed by applicable Borough ordinance; active, active life, or inactive member of the First Aid Squad, as fixed by the bylaws established by the Keyport First Aid Squad; active member of the Community Emergency Response Team or the Keyport First Aid Auxiliary; present member, alternate, or trustee of a municipal board; present chairman or member of a municipal commission; and Board of Education member within the Borough who so resides in the Borough. In no instance shall the term "volunteer" mean any present mayor or council member, or his/her spouse, nor any Borough official, or employee, serving in any capacity required of his/her title for which a salary or wage is received.
Any first aid squad, first aid squad auxiliary, volunteer fire company, community emergency response team, municipal board, and/or municipal commission or Board of Education within the Borough of Keyport.
[Ord. No. 16-00; amended 4-21-2015 by Ord. No. 11-15; 2-19-2019 by Ord. No. 6-19]
Any volunteer and/or family member shall be exempt from any fees, up to an amount of $200 per calendar year, established with regard to the following:
a.
Marriage licenses;
b.
Dog and cat licenses;
c.
Boat launching ramp permits and passes;
d.
Pool permits;
e.
Recycling permits; and
f.
Bulk variances and bulk variance applications for the primary residence occupied by the volunteer and/or family member. This subsection shall not be construed to apply to use variances and/or use variance applications.
[Ord. No. 16-00; amended 4-21-2015 by Ord. No. 11-15; 2-19-2019 by Ord. No. 6-19]
a.
On or about January 1 of each year, each volunteer organization shall submit, to the Borough Clerk, a list of all individuals who meet the definition of "volunteer" as defined herein. Such lists shall be periodically and reasonably updated by the volunteer organizations to include those achieving "volunteer" status and to delete those no longer qualifying for same.
b.
On a form to be prepared and provided by the Borough Clerk, each volunteer shall provide certain information, including place of residence and the name and age of each family member, to assist Borough officials in the administration of this section.
c.
The eligibility for, or receipt of, any exemption under this section shall not relieve the volunteer or family members from complying with all registration and application procedures fixed by any applicable law, regulation or ordinance.
[Ord. No. 1-99]
Pursuant to N.J.S.A. 40A:14-156.1, the Borough of Keyport hereby enters into a reciprocal agreement with all municipalities participating in the County-wide mutual aid compact. Pursuant to this agreement, the Borough of Keyport may render assistance to any participating municipality by providing members of the Keyport Police Department, upon request, to help preserve the public peace and order and, similarly, may request assistance from any participating municipality for same.
[Ord. No. 1-99]
The extent to which Keyport shall comply with a request for aid and assistance shall be determined solely by the Police Captain or his designee. The Captain or his designee may withdraw such aid or assistance at any time.
[Ord. No. 1-99]
Any police officer of the Borough of Keyport furnishing aid to another municipality shall, at all times, remain the employee of Keyport and, when serving within the territorial limits of another municipality pursuant to the agreement, shall have all rights, authorities and privileges of a police officer employed by the requesting municipality.
[Ord. No. 99-1]
In the event that an officer of the Borough of Keyport is injured while rendering assistance to another municipality, Keyport shall be primarily responsible for any costs as a result of the injury. Nothing in the agreement shall serve as a bar to Keyport seeking indemnification for such costs from the municipality receiving assistance.
[Ord. No. 99-1]
In the event that any equipment of the Borough of Keyport suffers damage or loss while rendering assistance to another municipality, Keyport shall be primarily responsible for any costs as a result of the damage or loss. Nothing in the agreement shall serve as a bar to Keyport seeking indemnification for such costs from the municipality receiving assistance.
[Ord. No. 1-99]
Pursuant to the agreement, the discretion set forth in Subsection 2-21.2 and the responsibilities set forth in Subsections 2-21.3, 2-21.4 and 2-21.5 are reciprocal and apply with equal force to the participating municipalities that request assistance from and provide assistance to the Borough of Keyport.
[Added 4-7-2015 by Ord. No. 9-15]
a.
The Intra-County Mutual Aid and Assistance Agreement between the Borough of Keyport and participating units be and is hereby accepted.
b.
The Mayor and OEM Coordinator are authorized to execute the Intra-County Mutual Aid and Assistance Agreement once they have been authorized and executed by each participating unit.
c.
The Borough Clerk is hereby authorized and directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof, and to forward a certified true copy of this Ordinance to the Emergency Management Coordinator of the Monmouth County Sheriff's Office; the Keyport Emergency Management Coordinator; the Keyport Police Chief and Keyport Fire Chief.
d.
This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.
[Ord. No. 12-05]
A taxpayer of the Borough of Keyport may make application to the Tax Collector of the Borough of Keyport for a refund of property taxes paid on real property that would have been considered exempt under law had a proper claim for such exemption been made as provided for by law.
[Ord. No. 12-05]
Any claim for a refund of property taxes is limited to the property taxes paid in the tax year that a claim is made and the tax year immediately preceding said year.
[Ord. No. 12-05]
Any application for a refund of property taxes paid on real property that would have been considered exempt under law had a proper claim for such exemption been made as provided for by law must be made on a form or application prescribed by the Tax Collector of the Borough of Keyport and must include all of the material and documentation required by law to make a proper claim for a tax exemption.
[Ord. No. 12-05]
Completed applications and supporting documents shall be reviewed by the Tax Collector of the Borough of Keyport and reported to the Mayor and the Borough Council with a recommendation as to the merits of the application for the refund.
[Ord. No. 12-05]
Refunds of property taxes paid on real property that would have been considered exempt under law had a proper claim for such exemption been made as provided for by law shall be approved only upon the adoption of a resolution by the Mayor and Borough Council. Payment of the refund shall be made within 90 days of the adoption of the resolution.
[Ord. No. 23-07]
a.
There is hereby created the position of Park Preservation Warden, not to exceed five in number, to be designated by the Mayor from time to time, for a term not to exceed one year. The Park Preservation Warden(s) shall assist and work with the Police Department in enforcing any and all the rules and regulations implemented to preserve, maintain, and enhance the Borough's park areas and facilities, especially those along the waterfront, to include the public promenade, William A. Ralph Fishing Pier and Firemen's Park. This shall be a volunteer position.
b.
The Borough Administrator shall have the authority to implement rules and regulations regulating conduct within the above-referenced public areas and places in direct consultation with the Borough Council and Harbor and Recreation Commissions. The Borough Council may amend or rescind any of the said rules and regulations so implemented at any time by resolution. Additionally, the Borough Council may itself adopt, rescind, and amend, by resolution, rules and regulations similarly regulating conduct as provided for herein.
c.
Any person violating any of the provisions of this section, or any rule or regulation promulgated pursuant hereto, shall be subject to fines and penalties under the general penalty provisions of the Revised General Ordinances of the Borough of Keyport.
[Ord. No. 24-08]
Notwithstanding any other provision of the law to the contrary, no professional or professional business entity (hereinafter collectively referred to as "professional") that has entered into a contract with the Borough of Keyport for services that are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), including those awarded pursuant to a "fair and open" process pursuant to N.J.S.A. 19:44A-20.5 (hereinafter referred to as a "contract"), may make a contribution of money, or pledge of a contribution, including in-kind contributions, to any candidate for or holder of a Borough of Keyport public office that has responsibility for the award of a contract, or the campaign committee of a candidate for or holder of a Borough of Keyport public office that has responsibility for the award of a contract, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport, in excess of the amount specified in subsection 2-24.3 during the period commencing one calendar year immediately preceding the date of the contract and ending upon the completion of the contract.
[Ord. No. 24-08]
Notwithstanding any other provision of the law to the contrary, the Borough of Keyport or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into a contract or otherwise agree to procure any goods or services that are excepted from the competitive bidding requirements as set forth in N.J.S.A. 40A:11-5(1), including those awarded pursuant to a "fair and open" process pursuant to N.J.S.A. 19:44A-20.5, from any professional, if that professional has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any candidate for or holder of a Borough of Keyport public office that has responsibility for the award of the contract, or the campaign committee of a candidate for or holder of a Borough of Keyport public office, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport in excess of the amount specified in subsection 2-24.3 during the period commencing one calendar year immediately preceding the date of the contract and ending upon the completion of the contract.
[Ord. No. 24-08]
A professional may contribute a maximum of $300 per election cycle [N.J.S.A. 19:44A-8(d) and N.J.S.A. 19:44A-16(f)], to any candidate for or holder of a Borough of Keyport public office that has responsibility for the award of the contract, or the campaign committee of a candidate for or holder of a Borough of Keyport public office, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport. Any group of individuals meeting the definition of professional under this section, including such principals, partners, and officers of the professional in the aggregate, may not contribute for any purpose in excess of $2,500 [N.J.S.A. 19:44A-8(d) and N.J.S.A. 19:44A-16(f)], to all candidates for or holders of a Borough of Keyport public office that has ultimate responsibility for the award of the contract, or the campaign committee of candidates for or holders of a Borough of Keyport public office, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport, without violating subsections 2-24.1 and 2-24.2 of this section.
[Ord. No. 24-08]
No contribution of money, or pledge of a contribution, including in-kind contributions made by a professional to any candidate for or holder of a Borough of Keyport public office that has responsibility for the award of the contract, or the campaign committee of a candidate for or holder of a Borough of Keyport public office, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport shall be deemed a violation of this section, nor shall any be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.[1]
[1]
Editor's Note: Ordinance No. 24-08, codified herein as Section 2-24, was adopted September 16, 2008, and is effective January 1, 2009.
[Ord. No. 24-08]
Any candidate for or holder of a Borough of Keyport public office that has responsibility for the award of the contract, or the campaign committee of a candidate for or holder of a Borough of Keyport public office, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport may cure a violation of subsection 2-24.1 of this section, if, within 30 days after the date on which the offending contribution is reported to the New Jersey Election Law Enforcement Commission ("ELEC") pursuant to N.J.S.A. 19:44A-1 et seq., the professional notifies the Borough Clerk in writing and diligently seeks and receives reimbursement of a contribution from a candidate for or holder of a Borough of Keyport public office, or the campaign committee of a candidate for or holder of a Borough of Keyport public office, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport, referenced in this section.
[Ord. No. 24-08]
a.
For purposes of this section, a "professional" seeking a public contract means any individual, including that individual's spouse and any child living at home; any person; firm; corporation; professional corporation; partnership; organization; or association seeking to enter into a contract for professional services that are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i).
b.
The definition of a professional includes all principals, partners or owners who have a 1% or greater ownership or equity interest in the corporation, organization, association or partnership seeking to enter into a contract for professional services that are excepted from the Local Public Contracts Law requirements for competitive bidding, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), as well as any subsidiaries directly controlled by the professional.
c.
For purposes of this section, the office that is considered to have responsibility for the award of the contract shall be:
1.
The Borough Council (the "Council") of the Borough of Keyport if the contract requires approval or appropriation from the Council.
2.
The Mayor of the Borough of Keyport (the "Mayor"), if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of the contract is appointed by the Mayor.
[Ord. No. 24-08]
a.
It shall be a violation of the terms of the Borough of Keyport contract for a professional to: (i) make or solicit a campaign contribution in violation of this section; (ii) knowingly conceal or misrepresent a campaign contribution given or received; (iii) make or solicit campaign contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make or solicit any campaign contribution on the condition or with the agreement that it will be contributed to a candidate for or holder of a Borough of Keyport public office that has responsibility for the award of the contract, or the campaign committee of a candidate for or holder of a Borough of Keyport public office, or to any Borough of Keyport or Monmouth County political party committee, or to any political action committee (PAC) that regularly engages in, or whose majority purpose is the support of candidates for or holders of public office in the Borough of Keyport; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any campaign contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this section; (vi) fund campaign contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange of campaign contributions to circumvent the intent of this section; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this section.
b.
Any professional who knowingly and purposefully violates any provision of this section shall be disqualified from eligibility for future Borough of Keyport contracts for a period of four calendar years from the date of the violation.
[Added 11-8-2012 by Ord. No. 19-12]
The following is the policy of the Borough of Keyport ("Borough") concerning the use of social media, as defined herein, which is to be adhered to by all Borough employees and members of Borough boards, committees and commissions in making any communication through social media on behalf of the Borough or any department, board, committee, or commission thereof. This policy does not pertain to the creation or use of personal social media pages or profiles by Borough employees.
[Added 11-8-2012 by Ord. No. 19-12]
For the purposes of this policy:
The Borough of Keyport boards, committees and commissions.
The top ranking member of any board, committee or commission as designated by title.
Any member of a Borough board, committee or commission.
For purposes of this policy, shall refer to and include blogs, websites, web addresses, Facebook profiles, Twitter feeds, and the like that are available for viewing by the public.
[Added 11-8-2012 by Ord. No. 19-12]
Other than a department head, and except as otherwise provided herein, no Borough employee or member may create, manage, administer or communicate through a social media page or profile on behalf of the Borough or any of its departments.
[Added 11-8-2012 by Ord. No. 19-12]
Any department head who has created a social media page or profile for a department or who wishes to create one must seek the approval of the Mayor and Council through adoption of an authorizing resolution and must meet the requirements as herein contained.
[Added 11-8-2012 by Ord. No. 19-12]
Each social media page or profile of the Borough or any of its departments shall have at least one individual designated in the manner set forth herein to create, administer and update the page or profile, including by posting communications on behalf of the department. Such individuals shall be referred to as "page/profile administrators."
b.
While it is the strong preference of the Borough that each department have a single page/profile administrator, the Borough recognizes that, upon written request by a department head, and on a case-by-case-basis, the Business Administrator and the chairperson of the appropriate committee of the Borough Council may designate additional employees/members as page/profile administrator(s), particularly for commissions with multiple subcommittees. Any denial of the request will be referred to the Mayor and Council for approval or denial.
c.
Under no circumstances will permission be granted to have a non-employee or employee outside of the department act as a page/profile administrator. With respect to boards, committees and commissions, only members in good standing may be granted permission to act as a page/profile administrator.
d.
The department head of any department having a social media page or profile must immediately identify, in writing, for the Mayor and Council and for the Business Administrator, each page/profile administrator and must immediately deny future administrative access by individuals who are not employees/members of the department and have not been approved in accordance with this policy.
[Added 11-8-2012 by Ord. No. 19-12]
The request for approval to the Mayor and Council by any department head seeking approval of a social media page or profile must state, in writing, the intended purpose and mission for the page and must sign a certification stating and acknowledging compliance with the following:
a.
The department head, or the proposed page/profile administrator(s), is(are) the sole page/profile administrator(s) for the social media page or profile.
b.
The posts by the page/profile administrator(s) will be limited to public information, sharing of news and information directly involving the department, public safety bulletins, hours of operation, and how to contact the department.
c.
The posts by the page/profile administrator(s) will not advertise, promote, endorse, or discuss any private individuals, businesses, organizations, political parties or persons, or political opinions.
d.
The posts by the page/profile administrator(s) will always be in compliance with all applicable laws, regulations, ordinances and policies and will always be professional and courteous.
e.
The page/profile administrator(s) will promptly remove any comments from the public that do not comply with the above, or the page/profile administrator(s) will prohibit the public from commenting on the public social media page.
f.
The page/profile administrator(s) will protect the privacy and confidentiality of all individuals as provided by law or any applicable guidelines.
[Added 11-8-2012 by Ord. No. 19-12]
Any and all posts by the page/profile administrator(s) are subject to review by the Mayor and Council or by the Business Administrator or the chairperson of the appropriate committee of the Borough Council, who will have the right to order the removal of any posts that do not comply with this policy and to initiate disciplinary action for violation of this policy.
[Added 11-8-2012 by Ord. No. 19-12]
The Borough shall be the owner of any and all approved social media pages/profiles created or maintained hereunder, and shall be acknowledged as such. By a majority vote of the Mayor and Council, the Borough may order:
[Added 11-8-2012 by Ord. No. 19-12]
Use of social media by any department shall solely be on a volunteer basis and shall not be a right or requirement of employment. The creation, management, administration or updating of any social media page or profile shall not be deemed to add to any duties of any department head (or approved page/profile administrator) and shall not be considered to be a basis for any additional monetary or other compensation.
[Added 10-2-2018 by Ord. No. 20-18]
a.
Except as hereinafter provided, the Borough of Keyport, hereinafter known as the "Borough," shall, upon the request of any present or former official, employee or appointee of the Borough, provide for indemnification and legal defense of any civil action brought against said person or persons arising from an act or omission falling within the scope of their public duties.
b.
The Borough shall not indemnify any person against the payment of punitive damages, penalties, or fines, but may provide for the legal defense of such claims in accord with the standards set forth herein. The Borough may refuse to provide for the defense and indemnification of any civil action referred to herein if the Borough determines that:
1.
The act or omission did not occur within the scope of a duty authorized or imposed by law;
2.
The act or failure to act was the result of actual fraud, willful misconduct or actual malice of the person requesting defense and indemnification; or
3.
The defense of the action or proceeding by the Borough would create a conflict of interest between the Borough and the person or persons involved.
c.
The terms of this section and the definitions of "official," "employee" and "appointee" are to be construed liberally in order to effectuate the purposes of this section, except that these terms shall not mean:
1.
Any person who is not a natural person;
2.
Any person while providing goods or services of any kind under any contract with the Borough except an employment contract;
3.
Any person while providing legal or engineering services for compensation unless said person is a full-time employee of the Borough; and
4.
Any person who, as a condition of his or her appointment or contract, is required to indemnify and defend the Borough and/or secure insurance.
d.
The Borough shall provide for defense of and indemnify any present or former official, employee or appointee of the Borough who becomes a defendant in a civil action if the person or persons involved acted or failed to act in a matter in which the Borough has or had an interest, acted or failed to act in the discharge of a duty imposed or authorized by law, and acted or failed to take action in good faith. For purposes of this section, the duty and authority of the Borough to defend and indemnify shall extend to a cross-claim or counterclaim against said person.
e.
In any other action or proceeding, including criminal proceedings, the Borough may provide for the defense of a present or former official, employee or appointee, if the Borough concludes that such representation is in the best interest of the Borough and that the person to be defended acted or failed to act in accord with the standards set forth in this section.
f.
Whenever the Borough provides for the defense of any action set forth herein and as a condition of such defense, the Borough may assume exclusive control over the representation of such persons defended and such person shall cooperate fully with the Borough.
g.
The Borough may provide for the defense pursuant to this section by authorizing its attorney to act in behalf of the person being defended or by employing other counsel for this purpose or by asserting the right of the Borough under any appropriate insurance policy that requires the insurer to provide defense.
[Added 11-9-2021 by Ord. No. 15-21]
a.
A tax is hereby imposed upon all persons engaged in the business of selling cannabis as a Cannabis Cultivator, Cannabis Manufacturer, or Cannabis Retailer in the Borough of Keyport, at the rate of 2% of the gross receipts from such sales made in the course of that business. Retailers may reimburse themselves for their tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that retailers are required to collect.
b.
A tax is hereby imposed upon all persons engaged in the business of selling cannabis as a Cannabis Wholesaler in the Borough of Keyport, at the rate of 1% of the gross receipts from such sales made in the course of that business. Wholesalers may reimburse themselves for their tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that wholesalers are required to collect. Each person required to collect the tax herein imposed shall be personally liable for the tax imposed, collected, or required to be collected hereunder.
c.
The imposition of the tax imposed by this chapter is in accordance with the provisions of State law and is in addition to any and all other taxes and charges.
1.
A user tax shall be levied on any Cannabis Business operating more than one business, regardless of whether the second business location is in a different municipality. Such user tax rate shall be equivalent to the sales tax rate set forth in paragraphs a and b of this Chapter 2-27 (as applicable) and imposed on the value of each transfer or use of cannabis between one business location and another business location.
d.
The tax imposed by this section, and all civil penalties that may be assessed as an incident thereto, shall be remitted to, collected by and enforced by the Borough's Chief Financial Officer, who shall have the full power to administer and enforce the provisions of this chapter.
e.
The failure to timely collect or remit all taxes due pursuant to this chapter is a violation of this Code and may be subject to the penalties hereunder.