[1969 Code § 18-1]
There shall be created in the Borough a Board of Health, in
accordance with provisions of an Act of the Legislature of New Jersey
entitled "An Act to establish in this State, Boards of Health and
Bureaus of Vital Statistics and to define their respective powers,"
approved March 31, 1887, and the several supplements thereto. (N.J.S.A.
26:3-1 et seq.)
[1969 Code § 18-2]
The Board of Health shall consist of seven members. All members
shall be nominated by the Mayor with the advice and consent of the
Council and shall hold office for the term of three years, except
in the case of vacancies. Vacancies shall be filled for the unexpired
term.
[1969 Code § 18-3]
The Board of Health shall adopt rules and regulations for its
own government and shall elect a President from among its own members.
[1969 Code § 18-4]
The Board of Health shall appoint a Registrar of Vital Statistics,
Clerk and Sanitary Inspector, and may also appoint such other officers
or assistants as the Board of Health may deem necessary. All appointments
of the Board of Health shall be governed by the rules of the Board
and may be removed for cause by the Board.
[1969 Code § 18-5]
The Board of Health shall not contract any debt or debts of
any kind beyond the amount of the appropriation made by the Council.
[Added 7-15-2021 by Ord.
No. 21-14]
a.
The Cannabis and Marijuana Board shall consist of five regular members,
of which one shall be the Mayor, who will be the Chairman and two
shall be members of the Borough Council and remaining two shall be
a representative from the Borough Police Department and a lay person.
b.
All appointments shall be by the Mayor with the advice and consent
of the Council, all of whom shall be residents of the Borough of Elmwood
Park. All shall serve in accordance with the definition provided herein.
c.
The members shall serve without compensation.
d.
The terms of the Committee members shall be as follows:
1.
For the Chairman, the term shall run concurrent with his elected
tenure,
2.
For the two Council member, their term shall be for one year and
renewal and or reappointment shall be considered on the reorganizational
yearly meeting.
3.
For the other two members their term shall also be for one year.
e.
All appointments shall be designated by the Mayor, with the advice
and consent of the Council.
f.
The Borough Council may remove any member of the Committee for cause,
on written charges served upon the member and after a hearing thereon,
at which time the member shall be entitled to be heard in person or
by counsel.
g.
A vacancy on the Committee occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
[Added 7-15-2021 by Ord.
No. 21-14]
a.
The Cannabis and Marijuana Board shall have the following duties:
1.
To administer, oversee and regulate and enforce the Cannabis and
Marijuana Ordinance of the Borough of Elmwood Park.
2.
To accept, receive and process all forms of application for the licensing
request and submit the completed and vented application with recommendation
to the Mayor and Council for consideration and approval.
3.
To maintain all records regarding collection of fees and tax assessments
and report same to the Mayor and Council.
4.
Make recommendations and suggestions and report potential violations
by a licensee to the Business Administrator and the Mayor and Council
and assure that all of the restrictions and conditions to the license
or complied with and adhered to.
5.
To report any and all violation to the ordinance and or non-compliance
by the licensee to the proper Borough Department and to the Business
Administrator and the Mayor and Council for appropriate action.
6.
To prepare reports, recommendations and suggestions to the Mayor
and Council in order to facilitate and improve the administration
of the ordinance.
7.
To act as the coordinating agency of the community on matters with
appropriate Federal, State and County agencies concerned with specific
area of cannabis and marijuana.
8.
To do such other acts and things as are reasonably related to and
assigned to carry out the purposes and objectives of the Board.
[Added 7-15-2021 by Ord.
No. 21-14]
a.
Secretary. The Mayor and Council shall at its organizational of each
year, shall select and appoint a Secretary who may or may not be a
member of the Board or a municipal employee. The Mayor and Council
shall affix and determine the salary of the secretary and adopt same
through the salary ordinance on a yearly basis.
b.
Attorney. The Mayor and Council shall annually appoint the Board
Attorney who may be the Borough Attorney. The Mayor and Council shall
affix and determine the salary of the attorney and adopt same through
the salary ordinance on a yearly basis.
c.
The Mayor and Council, at the request of the Board, may also employ
or contract for the services of experts and other staff and services
and appropriate allowances to cover costs and expenses of the Board,
Board member and staff, as it may deem necessary.
[Added 7-15-2021 by Ord.
No. 21-14]
a.
The Borough Council, in its discretion, may annually fix, determine
and appropriate sums sufficient for the expenses of the Board. The
Board shall not, however, exceed the amount appropriated by the Governing
Body for its use.
[Added 7-15-2021 by Ord.
No. 21-14]
a.
Regular meetings of the Board shall be established by the Board and
provided to the Borough Clerk, the Business Administrator and notice
shall be posted on the Borough website.
b.
At all meetings, a quorum shall consist of a majority of the members
of the Board.
c.
The Board shall keep records of its meetings and shall make a monthly
report to the Mayor and Council.
[1969 Code § 67-1]
There is hereby established a Shade Tree Commission which shall
consist of five members who shall be residents of the Borough, to
be appointed by the Mayor with the advice and consent of the Council.
The members of the Commission shall serve without pay and shall not
hold any elective office or position under the municipality. Members
may be removed for cause by the Mayor and Council upon written charges
and after public hearing. All appointments of members of this Commission
shall be for a term of five years. Vacancies, resignations or removal
of any Commissioner shall be filled for the unexpired term in the
same manner as original appointments were made.
[1969 Code § 67-2]
Three Commissioners shall constitute a quorum and may do all
necessary and proper acts with the same force and effect as if the
entire Commission had acted. The Commissioners shall keep minutes
of their proceedings showing the vote of each member upon each question,
all of which shall be of public record.
[1969 Code § 67-3]
The Shade Tree Commission shall have the following powers:
a.
Exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees and shrubbery now located,
or which may hereafter be planted, in any public highway, park or
parkway of the Borough including the planting, trimming, spraying,
care and protection thereof, with the exception of County parks or
parkways.
b.
Regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection.
c.
Move or require the removal of any tree or part thereof dangerous
to public safety at the expense of the owner of such tree.
d.
Remove any tree or part thereof at the request and expense of the
owner of such tree.
e.
Care for and control such parks and parkways; encourage arboriculture;
make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances by the Mayor and Borough
Council, any and all ordinances necessary or proper for carrying out
the provisions hereof.
f.
Contract with the owner of any real estate in the Borough to supply
to him material and labor for the purpose of planting, cultivating
or removing trees, grass, flowers or shrubbery, and to charge the
actual cost thereof to such owner. If, after such material or labor
is supplied, payment thereof is not made on demand, the Commission
may certify the actual cost thereof to the Tax Collector, whereupon
the sum so certified shall be collected by the Tax Collector as other
taxes on real property are collected in such municipality.
g.
Costs to be Lien; Exceptions.
1.
Except as hereinafter provided, the initial cost of all trees planted
by the Commission, the cost of planting the same, the cost of the
posts and boxes or guards used for the protection thereof, and the
cost of the removal of any tree dangerous to public safety shall be
a charge upon the real estate in front of which such tree or trees
shall be planted or removed as an improvement thereof. The cost, unless
paid directly to the Commission, shall be certified by it to the Tax
Collector of the Borough, shall thereupon become and be a lien upon
said real estate, shall be included in the next tax bill rendered
to the owner or owners thereof, and be collected in the same manner
as other taxes against that property.
h.
In every case where the property of an abutting owner will be chargeable
with the cost of the planting of any shade tree or trees, the Commission
shall give notice of the meeting at which it is proposed to consider
said planting by publishing the notice at least once, not less than
20 days before the meeting, in a newspaper circulating in the Borough,
or by personal service of a copy of the notice upon the abutting owner
at least 10 days before the meeting. The notice shall specify the
street, streets or portions thereof on which such planting is proposed,
and require all persons who may object thereto to present their objections
in writing at the office of the Commission at or before the meeting.
Before final action shall be taken, all objections so filed shall
be considered. The Commission shall give reasonable notice of its
intention to remove or cause the removal of a tree or part of a tree
dangerous to public safety, unless public safety requires immediate
removal, in which case no notice shall be necessary.
i.
No Statute giving any person or state or municipal board, body or
official power or authority to lay any sidewalk along, or to open,
construct, curb or pave, any street, or to do any similar act, shall
be construed to permit or authorize any interference with or injury
to a highway shade tree without the consent of the Shade Tree Commission,
within whose jurisdiction such tree shall be located. In all cases,
the Commission shall reasonably cooperate with such person, board,
body or official for the general public good.
[Ord. No. 05-23 § I]
Pursuant to the authority vested in the Mayor and Council of
the Borough of Elmwood Park, there is hereby established an Environmental
Committee to be known as the "Environmental Committee."
[Ord. No. 05-23 § II]
a.
The Environmental Committee shall consist of seven regular members
appointed by the Mayor with the advice and consent of the Council,
one of whom shall also be a member of the Planning Board and all of
whom shall be residents of the Borough of Elmwood Park. In addition
to the seven regular members, there shall be two alternate members,
two associate members and two student members. All shall serve in
accordance with the definition provided herein.
b.
The members shall serve without compensation.
c.
The Committee shall elect the Chairman, who shall hold no other public
office or position, except that he or she may be a member of the Planning
Board of the Borough of Elmwood Park.
d.
One member of the Environmental Committee shall be selected by the
Mayor to constitute one Class IV member of the Planning Board of the
Borough of Elmwood Park.
e.
The terms of the first Committee members shall be for one, two or
three years, to be designated by the Mayor in making his appointments
so that the terms of approximately 1/3 of the members will expire
each year.
f.
The Borough Council may remove any member of the Committee for cause,
on written charges served upon the member and after a hearing thereon,
at which time the member shall be entitled to be heard in person or
by counsel.
g.
A vacancy on the Committee occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
[Ord. No. 05-23 § III]
The Environmental Committee shall have the following duties:
a.
To study and make recommendations to the Mayor and Council in areas
of conservation and environmental protection, which shall include
but not be limited to pollution control of all types; waste disposal,
including sewage, garbage and solid waste; open space preservation,
with emphasis on outdoor recreation needs; aesthetic flora and fauna
preservation and beautification; and water resources.
b.
To plan local conservation programs and to inform the public about
these programs.
c.
To prepare, print and distribute information materials, such as books,
maps, charts, plans and pamphlets, which in its judgment it deems
necessary for its purposes, within the limits of funds appropriated
to the Committee.
d.
To keep an index of all open areas, publicly and privately owned,
in order to obtain information on the proper use of such areas.
e.
To recommend, from time to time, to the Planning Board, plans and
programs, for inclusion in the Master Plan of the Borough of Elmwood
Park, for development and use of such areas.
f.
To act as the coordinating agency of the community on conservation
matters with appropriate Federal, regional, State and other agencies
concerned with such matters.
g.
To do such other acts and things as are reasonably related to and
assigned to carry out the purposes and objectives of the Committee.
[Ord. No. 05-23 § IV]
a.
Regular meetings of the Committee shall be established.
b.
At all meetings, a quorum shall consist of a majority of the members
of the Committee.
c.
The Committee shall keep records of its meetings and shall make an
annual report to the Mayor and Council of the Borough of Elmwood Park
on or before the 15th day of December.
[Ord. No. 05-23 § V]
The Borough Council, in its discretion, may annually fix, determine
and appropriate sums sufficient for the expenses of the Committee.
[Ord. No. 05-23 § VI]
a.
Alternate Members. Two alternate members may be appointed by the
Mayor to serve during the absence or disqualification of any regular
member. Such alternate members shall meet the same qualifications
of any regular member. In the event that two alternate members are
appointed, the initial terms of such members shall be one and two
years, respectively. All subsequent appointments of alternates, except
to fill vacancies, shall be for a period of three years and until
the appointment and qualification of their successors, beginning the
first day of January of the first year of the term. At the time of
their appointment such alternate members shall be designated by the
Mayor as "Alternate No. 1" and "Alternate No. 2". Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence of a regular member. In the event that a choice
must be made to which an alternate member is to vote, Alternate No.
1 shall vote.
b.
Associate Members. The associate members shall be appointed for a
term of two years. Although associate members shall be encouraged
to attend all meetings and participate in all discussions, they shall
not be entitled to vote on any formal action taken at the meetings
of the Environmental Committee. They shall be neither regular nor
alternate members of the Committee and shall be persons with expertise
in a special area or special talents.
c.
Student Members. The Mayor shall appoint two student members to serve
for a term of one year. The student members shall be college or graduate
school students. Although student members shall be encouraged to attend
all meetings and participate in all discussions, they shall not be
entitled to vote on any formal action taken at the meetings of the
Environmental Committee.
