[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.
c.
The salaries of the Borough Tax Collector and Deputy Borough Tax
Collector shall be as set forth in the annual Salary Ordinance[1] of the Borough.
[1]
Editor's Note: The annual Salary Ordinance is on file in the
office of the Borough Clerk and is available for examination during
regular office hours.
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]
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 Clerk/Administrator
and respective Chairmen of the various committees.
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]
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 Mayor and Council of the Borough of Keyport.
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]
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 Mayor and Council of the Borough of Keyport.
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]
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 Mayor and Council of the Borough of Keyport.
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]
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 Mayor and Council of the Borough of Keyport.
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]
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.
[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.
