Editor's Note: The form of government in the Township of Upper is the township form which comprises Chapters 142 to 156A in Title 40 of the New Jersey Statutes Annotated. The Administrative Code has been drafted in conformity with the township law and, in many instances, provisions of the township law have been restated in the Code. Other enabling laws pertaining to the Administrative Chapter are N.J.S.A. 2A:8-1 et seq., Municipal Court; N.J.S.A. 26:3-1, et seq., Board of Health. Other authority to regulate the internal affairs of the Township is contained in N.J.S.A. 40:48-2. The establishment of the Planning Board and Zoning Board of Adjustment are contained in Chapter 20, Section 20-7 of this Code.
[1972 Code § 2-1.1]
All legislative power of the Township shall be exercised by
the Township Committee pursuant to law.
[1972 Code § 2-1.2; Ord. #17-1984, § 1]
Pursuant to law, the Township Committee shall consist of five
persons elected at large. The Township Committee will organize annually
on January 1 at 12:00 noon or at some other hour on any day during
the first week in January in accordance with N.J.S.A. 40:45A-1. The
date and time of the reorganization meeting shall be fixed by resolution
of the Township Committee. The reorganization meeting shall be held
at the Township Municipal Building, Tuckahoe, New Jersey, at which
time the Committee will elect a Mayor from among its members. The
Mayor shall preside at meetings of the Township Committee and perform
such other duties as the Township Committee may prescribe. In the
absence of the Mayor, the Committee will elect a temporary presiding
officer.
[1972 Code § 2-1.3]
The Mayor shall have the power to make proclamations concerning
holidays and events of interest to the Township. He may appoint citizens'
committees to inquire into matters that are of interest to the Township
and he shall have such other appointment powers as are conferred upon
him by law. He shall have and exercise the ceremonial power of the
Township and he shall exercise every other power usually exercised
by Township Mayors or conferred upon him by law.
[1972 Code § 2-1.4]
a.
Regular Meetings. The Township Committee shall organize annually
during the first seven days of January. Otherwise, the Committee shall
continue to meet regularly thereafter on every other Monday at 8:00
p.m. When the time for any regular meeting of the Committee falls
on a legal holiday as prescribed by law, such meeting may be held
at the same hour on some other day of the week at the convenience
of the Committee.
b.
Special Meetings. A special meeting may be called at any time upon
written request of a majority of the members of the Township Committee
or by the Mayor. The request and call for a special meeting shall
specify the purpose of the meeting and no business shall be transacted
at any special meeting other than that specified. The call for a special
meeting shall be filed with the Clerk and served upon each Committee
member as hereinafter provided at least 24 hours prior to the time
for which the meeting is called; provided that the Mayor may determine
that an emergency exists affecting the health or safety of the people,
which requires consideration by the Township Committee within a shorter
time, and upon such determination which the Mayor shall set forth
in the call, the call may be filed with the Clerk at any time not
less than three hours prior to the time set for the meeting. Upon
the filing of any call for a special meeting, the Clerk shall forthwith
give notice thereof by telephone or telegraph to each Committee member,
at such place as he shall have previously designated for that purpose,
and shall also serve or cause to be served a written copy of the call
upon each committee member, by delivery of a copy to him personally
or by the leaving of a copy at his usual place of abode. Upon waiver
of notice by all members of the Township Committee, a special meeting
may be held without prior notice notwithstanding the above provisions
of this resolution.
[1972 Code § 2-1.5; New]
All regular and special meetings of the Township Committee shall
be open to the public. The rules of procedure to be followed and rules
for the consideration of nominations submitted by the Mayor and for
the conduct of other business of the Committee shall be provided by
resolution. Notice of all meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, C. 231, P.L. 1975.
[1972 Code § 2-1.6]
The Committee may meet at any time in informal conference for
the consideration of any Township business or to meet with any officer
or employee of the Township or any other person on Township business.
No person other than those specifically invited by the Committee shall
be authorized to participate in any such conference.
[1972 Code § 2-1.7]
A majority of the whole number of members of the Township Committee
shall constitute a quorum, and no ordinance shall be adopted by the
Township Committee without the affirmative vote of a majority of the
quorum of the Committee. If a quorum is not present 1/2 hour after
the appointed time for any meeting, the presiding officer or the Clerk
may declare the meeting adjourned.
[1972 Code § 2-1.8]
The vote upon every motion, resolution or ordinance shall, when
requested, be taken by roll call and the yeas and nays shall be entered
on the minutes. The minutes of each meeting shall be signed by the
Township Clerk.
[1972 Code § 2-1.9]
All ordinances shall be introduced, read, heard and enacted
in the manner provided by general law.
[1972 Code § 2-3]
The Township Clerk shall:
a.
Perform all of the functions required of municipal clerks by the
general election law (Title 19 of the Revised Statutes) and any other
State law or Township ordinance and receive the fees prescribed therefor
for the use of the Township.
b.
Issue such licenses as may be authorized by the Township Committee
pursuant to the State Alcoholic Beverage Control Law (N.J.S.A. 33:1-1
et seq.) and the ordinances of the Township.
c.
Keep all records, resolutions, ordinances and minutes of the meetings
of the Township Committee.
d.
Issue all licenses required by law or ordinance and faithfully make
all reports required by law or ordinance to the Township Committee
and account monthly for all fees received by him.
e.
See to it that all ordinances and notices of the Township are properly
advertised.
f.
Take care of all of the correspondence of the Township and of the
Township Committee.
g.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance.
[Ord. #15-1975, §§ 1-3; Ord. #7-1999, §
1]
a.
There is hereby created the office of Deputy Township Clerk of the
Township.
b.
The Township Committee shall appoint one or more suitable persons
to hold the position of Deputy Township Clerk and said individuals
may hold that position simultaneously. The Deputy Township Clerk shall
serve at the pleasure of the Township Committee. Compensation for
such position shall be determined in the Salary Ordinance of the Township.
c.
During the absence or disability of the Township Clerk, the Deputy
Clerk shall have all the powers of the Township Clerk and shall perform
the functions and duties of such office. In the event that more than
one Deputy Clerk holds the office at the same time, either Deputy
Clerk may perform the functions and duties of such office during the
absence or disability of the Township Clerk. If more than one Deputy
Clerk is available, then the Deputy with the most seniority in the
position shall act in the absence or disability of the Township Clerk.
[1972 Code § 2-4]
a.
Appointment; Term. The Township Attorney shall be appointed by the
Township Committee for a one-year term.
b.
Powers and Duties Generally. The Township Attorney shall be the legal
advisor to the Township Committee and shall prosecute and defend actions
and proceedings by and against the Township. In furtherance of these
general powers, and without limitation thereto, he shall:
1.
Advise the Township Committee as to the form and sufficiency of all
ordinances and resolutions prior to their passage.
2.
Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Township.
3.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Township, as he may in his discretion determine to
be necessary or desirable, or as directed by the Township Committee.
4.
Subject to the approval of the Township Committee, have power to
enter into any agreement, compromise or settlement of any litigation
in which the Township is involved.
5.
Render opinions in writing upon any question of law submitted to
him by the Township Committee with respect to their official powers
and duties, or the powers and duties of any officer of the Township.
6.
Maintain a record of all actions, suits, proceedings and matters
which relate to the Township's interest, and report thereon as the
Township Committee may require.
7.
Conduct prosecutions for crimes and offenses cognizable by the Municipal
Court of the Township, except such crimes and offenses as it may be
the duty of the County Prosecutor to prosecute, including violations
of ordinances of the Township, complaints of any department under
State law and for violations of rules or regulations duly promulgated
by any department.
8.
Have such other and different functions, powers and duties as may
be provided by ordinance.
c.
Special Counsel. Whenever he deems the interests of the Township
so require, the Township Attorney may, with the approval of the Township
Committee and within the limits of available appropriations, appoint
special counsel to assist him in the preparation, trial or argument
of such legal matters or proceedings as he may determine. If the Township
Attorney should be disqualified with respect to any matter, the Township
Committee shall appoint special counsel to represent the Township
for and with respect to such matter.
[Ord. No. 015-2016]
a.
Creation of Position. The office of Township Administrator is hereby
created in and for the Township of Upper pursuant to the provisions
of N.J.S.A. 40A:9-136 et seq.
b.
Appointment and Term. The Township Administrator shall be appointed
by the majority vote of the Township Committee and the term of office
of the Township Administrator shall be at the pleasure of the Township
Committee.
c.
Compensation. Compensation to perform the duties and responsibilities
of Township Administrator shall be determined and established by the
Township Committee according to law.
d.
Qualifications. The Township Administrator shall possess knowledge
and experience in local government for the appointment as Township
Administrator.
e.
Powers and Duties. The Township Administrator, under the supervision
and control of the Township Committee, and to the extent not prohibited
by law, shall:
[Ord. No. 009-2017; amended 3-14-2022 by Ord. No. 002-2022]
1.
Be the
chief executive and administrative official of the Township of Upper
with respect to all of the executive responsibilities of the Township.
The Township Administrator shall perform such duties in each department
of the Township under the general supervision of the member of the
Township Committee appointed by the Township Committee as the head
of such department.
2.
Act as
liaison between the Township Committee, the Township Committee department
heads, all committees, officers and employees.
3.
Be responsible
for the maintenance of sound personnel policies and administrative
practice and to study and make recommendations in respect to personnel,
hiring, organization and policies of the Township after consultation
with the Township Committee and the department head of each department.
4.
Assist
in the preparation of the budget and assist the Township Committee
in obtaining the necessary data for the preparation of the municipal
budget.
5.
Investigate
all complaints regarding Township services and, after consultation
with the department head of the services involved, to answer same
and report the disposition thereof to the Township Committee.
6.
Coordinate
for the Township Committee the general affairs of the Township, including
recommendations with respect to purchasing, administration and enforcement
of contracts, leases and franchises.
7.
Attend
all meetings as directed and authorized by the Township Committee.
8.
Perform
such other duties as may from time to time be specifically assigned
to the Township Administrator by the Township Committee.
f.
Relationship to Other Officials or Bodies. Nothing herein contained
shall derogate from the powers and duties of the elective, appointive
or other officials of the Township of Upper or the boards and commissions
thereof established pursuant to law, nor shall the rights and tenure
of any elected official be affected.[1]
[1972 Code § 2-5.4]
The Tax Collector shall:
a.
Perform the functions of a collector of taxes under general law,
including without limitation thereto the preparation and mailing of
tax bills, enforcement of tax bills, enforcement of tax collections
by tax sales and otherwise, and the maintenance of tax accounting
records in such manner as may be prescribed or approved pursuant to
ordinance; and in furtherance thereof, install and administer tax
bill forms which include a bill for the first two quarters of each
year with the bill for the final half of the preceding year.
b.
Receive and collect all current and delinquent real and personal
property taxes, charge and receive penalties and interest pursuant
to law.
[1972 Code § 2-5.5]
On and after July 1, 1971, no person may be an assessor unless
he holds a tax assessor certificate. This requirement shall not apply
to anyone who has served in office continuously from July 1, 1967.
A person reelected to office, after receiving a tax assessor
certificate, and thereafter serving in office for four consecutive
years, and a person who received a tax assessor certificate on or
before June 30, 1969, served in office for four consecutive years,
shall be entitled to tenure pursuant to N.J.S.A. 54:1-35.31. The Tax
Assessor shall:
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a municipal assessor.
b.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
c.
Maintain a current tax map of the Township 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 the Code.
d.
Report to the Township Committee as to equalization proceedings and
other matters involving the County Tax Board and make recommendations
as to action to be taken in that regard.
[1972 Code § 2-5.6]
a.
Appointment; Compensation. There shall be a Township Engineer who
shall be appointed by the Township Committee for a term of one year.
The Township Engineer shall receive such compensation as may be agreed
upon and determined by the Township Committee. He shall be a duly
licensed professional engineer of the State of New Jersey.
b.
Duties. The Engineer shall perform the duties prescribed by general
law and ordinance. He shall, upon the termination of his service with
the Township, surrender all papers, documents, memoranda, reports
and other materials relating to the administration of his engineering
duties.
[Ord. #49, §§ 1-3; 1972 Code § 2-7; New]
a.
Created. The office of the Construction Official and Zoning Officer
is hereby created and established to enforce the provisions of the
Township zoning ordinances. The appointment of Zoning Officer shall
be for a one-year term.
b.
Duties. The Construction Official and Zoning Officer shall perform
the following duties:
1.
Investigate alleged violations of the provisions of the Township
zoning ordinances and take the necessary action to enforce the ordinances;
maintain a record of violations; and make a quarterly report of such
violations and the action taken to the Township Committee.
2.
Receive, file and keep records of all applications for building permits
and Certificates of Occupancy and issue such permits and certificates
where the applicant has complied with the Township ordinances and
receive the application fees as provided by law.
3.
File and safely keep copies of all plans submitted by applicants
for building permits and Certificates of Occupancy, which records
shall form a part of his office and be available for the use of the
Township Committee and other officers of the Township.
[Ord. #3-1989, §§ 1-6; Ord. #12-1993, §
1]
a.
Purpose. The purpose of this subsection is to create the position
of Chief Financial Officer in compliance with the requirements established
by Chapter 110, Laws of New Jersey, 1988, which is also known as the
Municipal Finance Officer's Certification Bill, which was signed into
law on August 22, 1988 and which became effective on that date.
b.
Creation of Position. There is established by the Township Committee
the position of Chief Financial Officer, who shall be under the general
supervision of the governing body and under the specific direction
of the member of the Township Committee who serves as Director of
Revenue and Finance.
c.
Designation of Position. The appointment to the position of Chief Financial Officer shall be made by the Township Committee. The appointment shall be made by resolution duly adopted by the governing body and the appointment shall be for the term prescribed by law. The individual so appointed shall possess all of the requisite qualifications and experience required by law and, specifically, Chapter 110 of the Laws of 1988, and Chapter 9 of Title 40A of the New Jersey Statutes, as amended and supplemented.
d.
Term of Office; Tenure. The term of office of the Chief Financial
Officer shall be for a term of four years starting January 1st of
the year appointed. Any person who has served as the Chief Financial
Officer for four consecutive years and who is reappointed as Chief
Financial Officer shall be granted tenure of office upon filing with
the Clerk of the municipality and with the Division of Local Government
Services in the Department of Community Affairs, a notification evidencing
his or her compliance with this section. Such person shall thereafter
continue to hold office during good behavior and efficiency and shall
not be removed therefrom except for just cause and then only after
a public hearing upon a written complaint, setting forth the charge
or charges against him/her, as required by law, or upon expiration
or revocation of Certification by the Director of the Division of
Local Government Services. Any person who has heretofore been appointed
to such position for a term of less than four years shall be deemed
to have been appointed to a four-year term commencing January 1st
of that year when such individual was first appointed.
e.
Dual Positions. Nothing contained within this subsection shall be
construed as prohibiting an individual holding the position of Township
Assessor, Assistant Treasurer or Township Finance Officer from being
appointed to the position of Chief Financial Officer, provided such
individual possesses the required qualifications.
f.
Powers and Duties. The Chief Financial Officer shall have responsibility
for the fiscal records of the Township. In addition, the Chief Financial
Officer shall perform the following duties:
1.
Supervise the expenditure of all Township funds and make certain
that such expenditure is strictly in accordance with the budgetary
appropriation;
2.
Assist in the preparation of the annual Township budget;
3.
Issue certificates as to the availability of funds prior to the Township
entering into any contract pursuant to the provisions of the Local
Public Contracts Law of the State of New Jersey;
4.
Supervise the payroll accounts of the Township;
5.
Issue payroll checks to all officials, officers and employees of
the Township;
6.
Prepare and distribute all informational returns and payroll reports
required by any agency of the Federal or State government concerning
any payments made to officials, officers, employees and vendors of
the Municipality;
7.
Supervise the method and procedures for the payment of all claims
against the Municipality;
8.
Supervise all investments of the Township and make recommendations,
where appropriate, to the Director of Revenue and Finance and to the
governing body, concerning investments or any other matter touching
upon the financial affairs of the Municipality; and
9.
Perform such further and additional duties as may be prescribed by
the Director of Revenue and Finance or by the governing body of the
Municipality.
g.
Ineligible for Appointment. In accordance with N.J.S.A. 40A:9-140.6,
no member of the Township Committee shall serve as the Chief Financial
Officer of the Township. Nothing contained herein shall be construed
as preventing a member of the Township Committee from serving as Chief
Financial Officer of any other municipality other than the Township
of Upper.[1]
[1]
Editor's Note: Former Subsection 2-2.10, Assistant Township
Administrator, added 3-14-2022 by Ord. No. 002-2022, which immediately
followed this subsection, was repealed 6-13-2022 by Ord. No. 016-2022.
[Ord. #10-1988, §§ 1-7; Ord. #11-1991; Ord.
#007-2010 § 1; Ord. No. 015-2016]
a.
Establishment of Department. There shall be a Department of Public
Works.
b.
Management of Department. The day-to-day operations of the Department
of Public Works shall be managed and directed by a Superintendent
of Public Works, provided that the Township Committee fills this position,
and certain subordinate officers consisting of a Road Repairer Supervisor
and the Road Repairer 3 under the general supervision of a member
of the Township Committee as appointed by the Township Committee and
the Township Administrator, if appointed to do so by the Township
Committee. There shall also be working foreman/assistant supervisors,
including but not limited to Supervising Equipment Operator, Supervising
Carpenter, Supervising Maintenance Repairer, Maintenance Worker 3
and Supervisor Recreation Maintenance, who will be responsible for
supervising work crew(s) as assigned by the Road Repairer Supervisor
and/or Road Repairer 3. Officers and employees shall be appointed
by the Township Committee as it deems appropriate and who shall constitute
the management of the Department and shall be considered management
employees.
c.
Qualifications and Duties of Superintendent.
1.
Qualifications. The Superintendent of the Department of Public Works
shall be qualified by training and experience in general public works
administration and shall have at least three years experience in a
public works supervisory capacity. The Superintendent shall also meet
the minimum qualifications established for that position by the New
Jersey Department of Personnel, formerly known as the New Jersey Department
of Civil Service.
2.
Duties. If this position is filled by the Township Committee, the
Superintendent of the Department of Public Works shall take an active
role in the supervision of the Department and any Division thereof.
The Superintendent shall perform such other duties as the Township
Committee may prescribe.
d.
Other Management Personnel; Qualifications and Duties.
1.
Qualifications. The Road Supervisor and Assistant Road Supervisor,
as may be appointed by Township Committee, shall be qualified by training
and experience in general public works administration and shall have
prior experience in a public works supervisory capacity. They shall
be required to obtain and maintain certification as a Certified Public
Works Manager as administered by the Department of Community Affairs,
Division of Local Government Services. In addition, they shall also
meet the minimum qualifications established for that position by the
Department of Personnel.
2.
Duties. The Road Supervisor and Assistant Road Supervisor shall perform
such duties as prescribed by the Township Committee or the Superintendent
of Public Works, as well as such duties as may be prescribed by law.
e.
Functions of Department. The Department of Public Works shall perform
all appropriate functions associated with:
1.
Maintaining, constructing and reconstructing streets and drainage
facilities.
2.
Maintaining public buildings and grounds, including recreation areas
and public beaches.
3.
Maintaining all motorized equipment.
4.
Installing, repairing and maintaining traffic signals and signs.
5.
Supervising solid waste collection, disposal and recycling.
6.
Supervising snow removal.
7.
Such other duties as the Township Committee may prescribe.
[Ord. No. 015-2016]
There shall be a Township Emergency Management Coordinator appointed
and serving pursuant to N.J.S.A. App. A:9-40.1. The Township hereby
establishes the Department of Emergency Management to be headed by
said Township Emergency Management Coordinator subject to the supervision
of the Township Administrator, if appointed to do so by the Township
Committee, and subject to the overall supervision of the Township
Committee member appointed by the Township Committee to supervise
and direct this Department. The Township also hereby creates, pursuant
to and in accordance with N.J.S.A. App. A:9-41, a local Emergency
Management Council.
[Ord. #86, §§ 1-3; 1972 Code § 2-9]
a.
Creation. There is hereby created and established a Board of Assessments
pursuant to the provisions of N.J.S.A. 40:56, the Board to exercise
all of the powers set forth in Chapter 56, in the making of all assessments
for benefits accruing from local improvements undertaken by the Township.
b.
Membership. The Board of Assessments shall consist of five members
to be appointed by the Township Committee. The members shall be appointed
each calendar year to serve during that year.
c.
Salary. The Township Committee shall fix and determine each calendar
year the compensation to be paid to the members of the Board of Assessments
for their services during that calendar year.
[Ord. #10-1991, § 1; Ord. No. 007-2010, § 1; Ord. No. 015-2016]
a.
Establishment of Department. There shall be a Department of Sports
and Recreational Programs.
b.
Supervision and Management of Programs. The Sports and Recreational
Programs shall be generally supervised and directed by one or more
members of the Township Committee who shall be appointed by the Township
Committee.
c.
Qualifications and Duties of Supervisory Personnel.
1.
Qualifications. The Director of the Department shall be a member
of the Township Committee duly appointed by the Township Committee.
The member(s) of the Township Committee so appointed shall also serve
as liaison between the Township Committee and the Township Sports
and Recreational Advisory Board, an advisory body created and appointed
by the Township Committee.
2.
Duties. The member of the Township Committee serving as Director
of the Department of Sports and Recreational Programs shall take an
active role in the supervision and direction of the Department. The
Recreational Program Coordinator, if the position is filled by the
Township Committee, shall supervise and work with those employees
as may be assigned to the Department and engaged in performing the
necessary tasks for the efficient operation and utilization of the
Township's recreational and sports programs.
d.
Other Personnel. The Department of Sports and Recreational Programs
may consist of such additional personnel as may be authorized by the
Township Committee.
e.
Functions of Program. The Sports and Recreational Programs shall
perform all appropriate functions and duties associated with:
1.
Coordinating the use of Township facilities with the public and the
various Township sports and recreational organizations.
2.
Coordinating coaching certification and background checks for volunteers
with the various sports and recreational organizations.
3.
Advising the Department of Public Works of the necessary maintenance
and preparation of the sports fields and facilities that have been
scheduled for use.
4.
Such other duties as may be prescribed by the Township Committee.
[Ord. No. 015-2016; Ord. No. 009-2017]
The following departments are hereby established by the Township
of Upper and each such department shall have a member or members of
the Township Committee appointed by the Township Committee to serve
as director and head of such department: Public Safety, Buildings
and Grounds, Revenue and Finance, Municipal Court, Animal Control,
Personnel, Lifeguards, Division of Emergency Medical Services (EMS),
Housing, Engineering, Clerk's Office, Zoning and Planning, Construction
Code and Information, Technology and Communications.[1]
[1]
Editor's Note: Former subsection 2-3.5, Community Center Planning
Committee, previously codified herein and containing portions of Ordinance
No. 1-1991, was repealed in its entirety by Ordinance No. 007-2010.
[1972 Code § 2-2.1]
The budget shall be prepared by the Township Committee. During
the month of January the Township Committee shall require all departments
to submit requests for appropriations for the ensuing budget year.
Officers and department heads may be required to appear before the
Township Committee at public hearings or informal conferences during
the months of January and February. The budget document shall be prepared
in such form as is required by law. There shall be appended to the
budget detailed analyses of all expenditures and revenues.
So far as practicable, such analyses shall include appropriate
statements of the cost of performance of functional programs and activities
stated in terms of quantitative, countable units of work for operating
and capital expenditures. The auditor, together with the assistance
of the officers who receive such revenue, shall prepare all estimates
on non-property tax revenues anticipated for the support of each annual
budget.
[1972 Code § 2-2.2]
a.
The Treasurer shall supervise the administration of each annual budget.
In consultation with the Township Committee and with department heads,
he shall establish quarterly or such other periodic allotments of
appropriations as he may deem necessary. Each department shall plan
and administer its expenditure program within the limits of such allotments.
b.
If at any time during the budget year, the Treasurer shall ascertain
that the Township is faced with the probability of incurring a cash
deficit for the current year, he shall reconsider the work programs
and allotments of the several departments. Upon such reconsideration
and with the approval of the Township Committee, he may revise budget
allotments so as to forestall, so far as possible, the making of commitments
and expenditures in excess of the revenue to be realized during the
fiscal year.
[1972 Code § 2-5.3]
a.
Disbursements
in payment of bills and demands shall be made by the Township Clerk
upon pre-audit and warrant of the Treasurer, approved by the Township
Committee. All disbursements shall be made by a combination warrant-bank
check or draft signed by the Treasurer and countersigned by the Mayor
and the Township Clerk individually or by signature plate.
b.
The
Treasurer shall prepare for each regular meeting of the Township Committee
a list of all bills, claims and vouchers which have been presented
through the close of business 48 hours preceding the meeting and since
the last preceding list was compiled.
c.
Claims
shall be considered by the Township Committee, which shall approve
the same, except that the committee may reject any claim presented
to it stating the reason for such rejection. Any disapproved claim
shall be referred back to the Township Clerk with such instructions
as the Committee may give at the time of disapproval.
It shall be the duty of the Township Clerk to record all claims
in the official minutes indicating that the Township Committee has
by formal action approved the same with appropriate record as to any
claims disapproved or rejected.
[Ord. #013-2004 § 1; Ord. #003-2005 § 1]
The following fee shall be payable by the requestor to the Township
of Upper for the following documents:
a.
$10 for the first certified copy of a birth, death, marriage or domestic
partnership certificate and $5 for each additional certified copy
made with the same request.
b.
$10 for a certification of vital records.
c.
No charge for a correction of a record for the above document.
d.
Actual postage for any document sent by mail.
[Ord. #013-2004 § 1; Ord. #004-2011]
A fee of $10 shall be payable by the requestor to the Township
of Upper for an audio tape reproduction; provided, the requestor provides
to the Township a recording device and a blank tape.
[Ord. #013-2004 § 1; Ord. #010-2006 § 1;
Ord. #018-2009 § 1; Ord. #004-2011]
The following fee shall be payable by the requestor to the Township
of Upper for any other record or document not set forth specifically
in this section:
a.
For a record involving the form of a printed matter the fee shall
be $0.05 for a letter size page or smaller, and $0.07 for a legal
size page or larger.
b.
If the Township can demonstrate that its actual cost of duplication
exceeds the foregoing rate, the Township shall be permitted to charge
the actual cost of duplicating the record.
c.
If the nature, format, manner of collation or volume of the government
record embodied in the form of a printed matter to be inspected, examined
or copied is such that the record cannot be reproduced by ordinary
document copying equipment in ordinary business size or involves an
extraordinary expenditure of time and effort to accommodate the request,
the Township may charge, in addition to the actual cost of duplicating
the record, a special service charge based upon the actual direct
cost of providing the copies. This special service charge shall be
based upon the hourly rate of the employee in charge of such record
multiplied by the hours of time, or fraction thereof, the employee
expended in providing the copy or copies, plus any direct out of pocket
costs to the Township. The requestor shall have the opportunity to
review and object to the charge prior to same being incurred.
d.
It is the intent and purpose of this section to comply with the New
Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. To the extent
provisions of this section contradict or are inconsistent with said
Act, the terms of said Act shall supersede and control.
[Ord. #004-2011]
a.
Notwithstanding the provisions of subsection 2-6.3 above, in accordance with N.J.S.A. 54:5-54 the Tax Collector shall provide to any party entitled to redeem a certificate pursuant to said statute two calculations of the amount required for redemption within a calendar year at no cost. For each subsequent calculation requested from the tax collector there shall be a $50 fee. A request for a redemption calculation shall be made in writing to the Tax Collector.
b.
Notwithstanding the provisions of subsection 2-6.3 above, in accordance N.J.S.A. 54:5-97.1 the Tax Collector may charge a lienholder of a tax lien $50 for the calculation of the amount due to redeem the tax lien as required pursuant to said statute. Any request for a redemption calculation shall specify the date to be used for the calculation, which shall be the date of the notice. Neither the Tax Collector nor the municipality shall be liable for an incorrect calculation. The fee paid to the municipality shall not become part of the lien and shall not be passed on to any party entitled to redeem pursuant to N.J.S.A. 54:5-54.
[Ord. #013-2004 § 1; Ord. #004-2011]
A request for access to a government record shall be in writing
and hand delivered, mailed, transmitted electronically or otherwise
conveyed to the Municipal Clerk. The Municipal Clerk has forms available
for this purpose.
[Ord. #3-1981, §§ 1 and 2]
a.
The Mayor and Township Clerk are hereby authorized and directed to
execute a contract with the County of Cape May whereby the Township
shall have use of Cape May County's Budget Accounting Data Processing
Programs, the form of which Contract shall be approved by the County
Counsel of the County of Cape May.
b.
The contract referred to in paragraph a hereof shall contain specific
provisions as follows:
[Ord. #5-1987, § 1]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq., the
appropriate Township officials are hereby authorized to enter into
an Interlocal Services Agreement with the Township of Middle and the
Township of Dennis for the providing of emergency dispatch services
to the Township of Upper.
[Ord. #16-1987, § 1]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq., the
appropriate officials of the Township are hereby authorized, directed
and empowered to enter into an Interlocal Services Agreement with
the Borough of Woodbine, whereby the Borough of Woodbine will make
available certain facilities in the Woodbine Municipal Services Building
for the conduct of the Municipal Court of the Township of Upper, as
well as certain offices for housing Municipal Court personnel who
are employees of the Township of Upper for the providing of services
by Upper Township employees to the Municipal Court of the Borough
of Woodbine, which will involve the services of a Municipal Court
Clerk, Deputy Municipal Court Clerk, Violations Clerk and Deputy Violations
Clerk.
[Ord. #20-1987, §§ 1-3]
a.
This subsection shall be known and may be cited as the Cooperative
Pricing Ordinance of the County of Cape May.
b.
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Township
is hereby authorized to enter into a Cooperative Pricing Agreement
with the Lead Agency or any other contracting unit within the County
of Cape May for the purchase of work, materials and supplies.
c.
The Lead Agency entering into contracts on behalf of the Township
shall be responsible for complying with the provisions of the Local
Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) and all other provisions
of the Revised Statutes of the State of New Jersey.
[Ord. #25-1987, §§ 1-2]
a.
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq., the appropriate
officials of the Township are hereby authorized, directed and empowered
to enter into an Interlocal Services Agreement with the Cape May County
Municipal Utilities Authority, whereby the Cape May County Municipal
Utilities Authority will permit the disposal of certain bulky solid
waste materials by residents of the Township in accordance with certain
rules, regulations and conditions to be agreed to by the Township
and the Cape May County Municipal Utilities Authority and to authorize
the Township of Upper to pay to the Cape May County Municipal Utilities
Authority the cost for such solid waste disposal.
b.
The contract between the Cape May County Municipal Utilities Authority
and the Township of Upper shall be for an additional term of one year
commencing February 1, 1988 or such later date as the contracting
parties may mutually agree upon. The contract may thereafter be renewed
for an additional term of one year provided that the Cape May County
Municipal Utilities Authority and the Township of Upper shall each
adopt a formal resolution authorizing and approving such extension.
Subsequent extensions may thereafter occur upon the adoption of a
subsequent ordinance by the Township and a formal resolution by the
Cape May County Municipal Utilities Authority for such term as the
parties may agree upon, up to the maximum term permitted by law.
[Ord. #17-1988, § 1]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq., the
Mayor and the Township Clerk (or their respective Deputies) are hereby
authorized to enter into an Interlocal Services Agreement with the
County of Cape May for the providing of traffic line installation,
removal and traffic sign, sign removal and the fabrication of signs.
[Ord. #16-1989, § 1]
Pursuant to the provisions of N.J.S. 40:8A-1, et seq., the appropriate
Township officials are hereby authorized to enter into an Interlocal
Services Agreement with the Township of Middle for supplying a base
station, antenna, console parts, installation and related items and
services.
[Ord. #8-1992, §§ 1-5]
a.
Interlocal Services Agreement. The Township of Upper is hereby authorized
and empowered to enter into an Interlocal Services Contract with the
Borough of Avalon, Township of Dennis and City of Sea Isle City pursuant
to the provisions of the Interlocal Services Act, N.J.S.A., et seq.,
to address mass care shelter needs during times of emergencies throughout
the year.
b.
Services; Contract. The Interlocal Services Contract authorized in
paragraph a hereof shall cover those services enumerated in said contract,
a copy of which is attached hereto and made a part hereof as an exhibit.
c.
Authorization to Municipal Officials. The appropriate officers of
the Township of Upper are hereby authorized and directed to execute
an Interlocal Services Agreement with the Borough of Avalon, Township
of Dennis and City of Sea Isle City for the exchange of said services
as set forth herein, effective on such date as prescribed by the terms
of the statute.
d.
Statutory Requirements. The Interlocal Services Contract between
Borough of Avalon, Township of Dennis, City of Sea Isle City and the
Township of Upper shall meet and satisfy the requirements of N.J.S.A.
40:8A-6.
e.
Contract Term. This subsection authorizes such Interlocal Services
Contract for a term of one year commencing on September 1, 1992 and
expiring on August 31, 1993. Such contract may be renewed thereafter
from year to year provided that the governing bodies of each of the
involved municipalities shall approve such renewal or extension by
formal resolution subject to any contractual amendments which may
be agreed upon.
[Ord. #12-1995, §§ 1-5]
a.
Interlocal Services Agreement. Pursuant to the provisions of the
"Interlocal Services Act", N.J.S.A. 40:8A-1, et seq., the Township
of Upper is hereby authorized and empowered to enter into an Interlocal
Services Agreement with the County of Cape May pertaining to the "Fall
1995 Rabies Vaccine Baiting Program".
b.
Services to be Provided; Contract. The Interlocal Services Agreement
authorized in paragraph a hereof shall cover those services which
are enumerated in said contract, a copy of which is of record in the
office of the Township Clerk and is available for public inspection.
c.
Authorization to Municipal Officials. The appropriate Township officers
and officials are hereby authorized to take any action necessary or
advisable to carry out the intent and purpose of this subsection.
Specifically, the Mayor and Township Clerk are hereby authorized and
directed to execute such Interlocal Services Agreement on behalf of
the Township of Upper pursuant to the authority conferred by this
subsection. The Township Clerk is further authorized and directed
to seal said Agreement with the official seal of the Township of Upper.
d.
Compliance with Statutory Requirements. The Interlocal Services Agreement
between the County of Cape May and the Township of Upper shall meet
and satisfy the requirements of N.J.S.A. 40:8A-6, as the same may
be amended and supplemented.
e.
Contract Term. This subsection authorizes such Interlocal Services
between the parties for a term of one year computed from the commencement
of the program on or about October 16, 1995 (the "commencement date").
Such contract may be further extended for one or more additional terms
of up to 12 months each, provided that the respective governing bodies
of both the Township of Upper and the County of Cape May authorize
such extension by adoption of a formal resolution. In no event, however,
shall the term of the contract be extended beyond the term of seven
years from October 16, 1995 (the commencement date), in accordance
with N.J.S.A. 40:8A-6, in the absence of the adoption of an ordinance
further authorizing the renewal or extension of such Interlocal Services
Agreement. The term of the Interlocal Services Agreement may be for
a shorter period of time than 12 months and may be subject to cancellation
by the parties if so provided in the agreement.
[Ord. #16-1995, §§ 1-5]
a.
Interlocal Services Agreement. Pursuant to the provisions of the
"Interlocal Services Act," N.J.S.A. 40:8A-1, et seq., the Township
of Upper is hereby authorized and empowered to enter into an Interlocal
Services Agreement with the Township of Dennis pertaining to the provision
of animal shelter service.
b.
Services to be Provided; Contract. The Interlocal Services Agreement
authorized in paragraph a hereof shall cover those services which
are enumerated in said Contract, a copy of which is of record in the
office of the Township Clerk and is available for public inspection.
c.
Authorization to Municipal Officials. The appropriate Township officers
and officials are hereby authorized to take any action necessary or
advisable to carry out the intent and purpose of this subsection.
Specifically, the Mayor and Township Clerk are hereby authorized and
directed to execute such Interlocal Services Agreement on behalf of
the Township of Upper pursuant to the authority conferred by this
subsection. The Township Clerk is further authorized and directed
to seal said Agreement with the official seal of the Township of Upper.
d.
Compliance with Statutory Requirements. The Interlocal Services Agreement
between the Township of Dennis and the Township of Upper shall meet
and satisfy the requirements of N.J.S.A. 40:8A-6, as the same may
be amended and supplemented.
e.
Contract Term. This subsection authorizes such Interlocal Services
between the parties for a term of one year computed from the commencement
of the program on or about January 1, 1996 (the "commencement date").
Such Contract may be further extended for one or more additional terms
of up to 12 months each, provided that the respective governing bodies
of both the Township of Upper and the Township of Dennis authorize
such extension by the adoption of a formal resolution. In no event,
however, shall the term of the Contract be extended beyond the term
of seven years from January 1, 1996 (the commencement date), in accordance
with N.J.S.A. 40:8A-6, in the absence of the adoption of an ordinance
further authorizing the renewal or extension of such Interlocal Services
Agreement. The term of the Interlocal Services Agreement may be for
a shorter period of time than 12 months and may be subject to cancellation
by the parties if so provided in the Agreement.
[Ord. #3-1997, §§ 1-5]
a.
Interlocal Services Agreement Authorized. The Township of Upper is
hereby authorized and empowered to enter into an Interlocal Services
Contract with the City of Ocean City pursuant to the provisions of
the Interlocal Services Act, N.J.S.A. 40:8A-1, et seq., whereby the
City of Ocean City will provide to the Township of Upper, for a specified
consideration, dispatching services for fire, police and rescue squads
located within the Township of Upper and the Township of Upper service
areas.
b.
Services; Contract. The Interlocal Services Contract authorized in
paragraph a hereof shall cover those services enumerated in said Contract,
a copy of which is of record in the office of the Municipal Clerk
and is available for public inspection.
c.
Authorization to Municipal Officials. The appropriate Township officers,
that is, the Mayor and the Township Clerk, are hereby authorized and
directed to execute such Interlocal Services Contract on behalf of
the Township of Upper pursuant to the authority conferred by this
subsection. All other appropriate officials and officers are hereby
authorized to do all things necessary to carry out the intent of this
subsection.
d.
Statutory Requirements. The Interlocal Services Contract between
the City of Ocean City and the Township of Upper shall meet and satisfy
the requirements of N.J.S.A. 40:8A-6.
e.
Contract Term. This subsection authorizes such Interlocal Services
Contract for a term of five years, as specified in said Contract and
further authorizes an extension of said Agreement provided, however,
that the term of said Contract shall not extend beyond the term of
seven years from the commencement date specified in said Contract
or, if not specifically specified, then in accordance with the mutual
agreement of the parties as to the commencement date, in accordance
with the provisions of N.J.S.A. 40:8A-6. This subsection further authorizes
the amendment of said Interlocal Services Agreement from time to time
as circumstances may require, provided that said amendment is duly
authorized and approved by the governing bodies of both municipalities
through the adoption of an authorizing resolution.
[Ord. #2-1998, §§ 1-5]
a.
Interlocal Services Agreement. Pursuant to the provisions of the
"Interlocal Services Act," N.J.S.A. 40:8A-1, et seq., the Township
of Upper is hereby authorized and empowered to enter into an Interlocal
Services Agreement with the Borough of Woodbine pertaining to the
provision of animal shelter service.
b.
Services to be Provided; Contract. The Interlocal Services Agreement
authorized in paragraph a hereof shall cover those service which are
enumerated in said Contract, a copy of which is of record in the office
of the Township Clerk and is available for public inspection.
c.
Authorization to Municipal Officials. The appropriate Township officers
and officials are hereby authorized to take any action necessary or
advisable to carry out the intent and purpose of this subsection.
Specifically, the Mayor and Township Clerk are hereby authorized and
directed to execute such Interlocal Services Agreement on behalf of
the Township of Upper pursuant to the authority conferred by this
subsection. The Township Clerk is further authorized and directed
to seal said Agreement with the official seal of the Township of Upper.
d.
Compliance with Statutory Requirements. The Interlocal Services Agreement
between the Borough of Woodbine and the Township of Upper shall meet
and satisfy the requirements of N.J.S.A. 40:8A-6, as the same may
be amended and supplemented.
e.
Contract Term. This subsection authorizes such Interlocal Services
between the parties for a term of one year computed from the commencement
of the program on or about April 1, 1998 (the "commencement date").
Such Contract may be further extended for one or more additional terms
of up to 12 months each, provided that the respective governing bodies
of both the Township of Upper and the Borough of Woodbine authorize
such extension by the adoption of a formal resolution. In no event,
however, shall the term of the Contract be extended beyond the term
of seven years from April 1, 1998 (the commencement date), in accordance
with N.J.S.A. 40:8A-6, in the absence of the adoption of an ordinance
further authorizing the renewal or extension of such Interlocal Services
Agreement. The term of the Interlocal Services Agreement may be for
a shorter period of time than 12 months and may be subject to cancellation
by the parties if so provided in the Agreement.
[Ord. #4-1999, § 1-5]
a.
Interlocal Services Agreement. The Township of Upper is hereby authorized
and empowered to enter into an Interlocal Services Contract with the
Borough of Woodbine and Township of Dennis pursuant to the provisions
of the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., to address
the sharing of a Radar Equipped Vehicle.
b.
Services/Contract. The Interlocal Services Contract authorized in
paragraph a hereof shall cover those services enumerated in said Contract,
a copy of which is of record in the office of the Township Clerk and
is available for public inspection.
c.
Authorization to Municipal Officials. The appropriate officers of
the Township of Upper are hereby authorized and directed to execute
an Interlocal Services Agreement with the Borough of Woodbine and
Township of Upper for the exchange of said services as set forth herein,
effective on such date as prescribed by the terms of the statute.
d.
Statutory Requirements. The Interlocal Services Contract between
the Borough of Woodbine, Township of Upper and Township of Dennis
shall meet and satisfy the requirements of N.J.S.A. 40:8A-6.
e.
Contract Term. This subsection authorizes such Interlocal Services
contract for a term of one year commencing on July 1, 1999 and expiring
on June 30, 2000. Such contract may be renewed thereafter from year
to year provided that the governing bodies of each of the involved
municipalities shall approve such renewal extension by formal resolution
subject to any contractual amendments which may be agreed upon.
[Ord. #15-1990, § 1]
It is the established policy of this Township that no article
or service shall be contracted for or purchased by any department,
board, agency, office or employee of the Township of Upper except
in accordance with the procedures set forth herein.
[Ord. #15-1990, § 2]
The Township of Upper will not be bound by any purchase or contract which is made contrary to the policy expressed in this section and particularly in subsection 2-9.1 hereof. Any officer, official, employee or representative of the Township of Upper who violates the policy may be subject to disciplinary action as well as personal liability for any costs or obligations improperly incurred.
[Ord. #15-1990, § 3]
Petty cash funds may be established in each department, subject
to the express approval of the Township Committee. The Chief Financial
Officer may submit recommendations to the Township Committee concerning
the need for and the establishment of any or all such funds. Petty
cash funds should be used for the purchase of small items or services.
Petty cash should not be viewed as a means by which the purchase order
system may be circumvented. A purchase order is required for all purchases
in excess of $15. Receipts are absolutely required for petty cash
replenishment. Petty cash will be replenished on a regular basis as
determined by the Chief Financial Officer. All requests for replenishment
of the petty cash fund must be submitted to the purchasing agent not
later than Wednesday of the week preceding the meeting of the Township
Committee when replenishment of the fund may be authorized.
[Ord. #15-1990, § 4]
a.
Standard Purchasing Procedures. The initial step in the purchasing
cycle is the preparation of a request for purchase, which is a two-part
form used to request goods, materials, and services. The request for
purchase requisition should be typewritten or printed. The department
head should only requisition budgeted items. Nonbudgeted items or
services shall require the prior approval of the Purchasing Agent
with the concurrence of the Director of Revenue and Finance and the
member of the Township Committee assigned to oversee such department,
if any. Purchases of an emergent nature will be processed using the
emergency procedures. Adjustments to a department's budgeted items
should be considered when purchasing previously non-budgeted items.
b.
Quote Comparison Sheets. Quote comparison sheets will be available
from the Treasurer's Office and shall be prepared for items totalling
more than $250. Three vendors shall be solicited for prices of the
items. Data pertinent to required items or services should be listed
including price quotes. The lowest price should be taken.
c.
Request for Purchase. The following information is required for all
requests for purchase. The numbers preceding each item of information
will correspond to those found on sample forms which may be obtained
from the Treasurer's Office.
1.
Vendor's name and address.
Complete name and address of the vendor. Please include all
post office box numbers and zip codes.
2.
Purchase order number.
This number will be filled in by the Treasurer's Office at the
time of purchase order approval.
3.
Account or appropriation number.
Account number to be charged.
4.
Account balance.
To be filled in by Treasurer's Office.
d.
No order is to be placed or a commitment made except by an approved
written purchase order issued in accordance with the procedures outlined
herein or by the emergency purchase procedure which is hereinafter
specified.
e.
The request for purchase must be approved and signed by the Department
Head. The request for purchase should be submitted well in advance
of the time the goods, materials or service are needed to allow sufficient
time for review and for preparation of specifications, advertisements
for bids (when required), or for the solicitation of informal quotations
for other than routine purchases and for those quotations which involve
more complex or technical purchases.
f.
The original of the request for purchase shall be forwarded to the
Purchasing Agent with the duplicate copy. The requesting department
should retain a photocopy for its file. If the request for purchase
is not properly completed, it will be returned to the originating
department head for correction, additional information or clarification.
The purchasing agent will also review a unit's requisition, making
necessary consolidations and standardizations with the requests of
other units. Requesting units should be advised and consulted when
standardizations are made. Based on the total and aggregate dollar
amount of the purchase requests, written specifications and sealed
bids or informal solicited quotations may be required. To record the
request, the original of the requisition is retained by the Treasurer's
Office and filed numerically with the approved purchase order. State
approved contract vendors or cooperative pricing system vendors pursuant
to N.J.S.A. 40A:11-11(5) as amended and supplemented from time to
time may also be used to fulfill the contracting unit's needs. Before
any formal commitment is made to a vendor, and prior to the issuance
of a purchase order, the availability of funds must be determined
pursuant to N.J.A.C. 5:30-14.5 as amended and supplemented from time
to time.
g.
If the purchase order cannot be approved, the Treasurer's Office
will provide the purchasing agent with a written explanation. The
purchasing agent will accordingly notify the requesting department
head. In the case of an emergency, the preparation and release of
a purchase order is the sole and exclusive duty of the Chief Financial
Officer.
h.
The Treasurer's Office shall prepare, as a minimum, a five-part purchase
order. The numbers shown below correspond to the numbers found on
the sample form available from the Treasurer's Office:
1.
PART ONE - White Original - Vendor or File Copy.
(1)
Vendor/Name and Address.
Complete name and address of vendor. Please include all post
office box and zip codes.
(2)
Purchase Order Number.
This number is preprinted and consecutively numbered.
(3)
Department/Division.
Full name of Department or division and account number to be
charged.
(4)
Date.
Date purchase order is typed.
(5)
Deliver to.
Delivery point - Township Hall or Public Works. Specific information
is to be supplied, including full name and to whom delivery should
be made, if applicable.
(6)
Attention of.
Specific person to whom delivery should be made.
(7)
Quantity/Unit.
Provide specific data relative to quantity required and shipping
unit (box, carton, case, etc.)
(8)
Full Description of Requested Purchase.
A full description of the items or services to be purchased.
Additional sheets shall be used if necessary. Under no circumstances
should an additional purchase order form be utilized.
(9)
Price.
Exact price of each unit.
(10)
Amount.
Provide total price including shipping charges. While every
attempt should be made to determine the total price, it may be necessary,
on occasion, to estimate shipping charges.
(11)
Contract Number.
Enter the state contract number of vendor or if bid item the
date of award.
(12)
Account Balance.
To be filled in by Treasurer's Office.
(13)
Required Delivery Date.
Date that you would require delivery, to assure delivery is
on time, ascertain as applicable lead time(s) including ordering,
design, manufacture or production and shipping data, if item is not
stocked.
(14)
Total.
Enter the total cost for all of the items on the purchase order.
(15)
Signature.
Signature of person requesting purchase (See #16 below).
(16)
Approved by.
Signature of Department Head or individual to whom authority
has keen delegated by Department Head. Request for purchase of budgeted
items where total cost will not exceed $500 requires only approval
of Department Head.
Purchase where total cost exceeds $500 but no more than $2,500
requires signature of Department Head and Chief Financial Officer.
When total cost will exceed $2,500, signature of Department
Head, Chief Financial Officer and member(s) of Township Committee
responsible for Requesting Department are required.
(17)
Approval as to Availability of Funds
Signature of Chief Financial Officer, Treasurer, or Deputy Treasurer
shall be required indicating funds are available for this purchase.
2.
PART TWO - Pink Voucher for Payment.
(1)
Vendor's Certification.
Signature of vendor and date.
(2)
Approval of Township Committee Member(s), Supervising Department.
The signature of the member(s) of Township Committee who supervise
the requesting department shall be included.
(3)
Department Head Approval.
Voucher will be returned to department head by the Treasurer's
Office for signature.
(4)
Date of Payment.
Shall be inserted by the Treasurer's Office at time of payment.
(5)
Check Number.
Check number will be inserted by the Treasurer's Office at time
of payment.
3.
PART THREE - Canary - Treasurer's Office Copy.
4.
PART FOUR - Pink - Receiving Department Copy.
A receiving report will accompany the purchase order. The following
data will be included on Part Four when receiving goods, equipment
or materials and the vendor invoice will be forwarded to the purchasing
agent.
[Ord. #15-1990, § 5]
a.
Emergency purchases shall only be authorized when a situation requires
the immediate purchase or delivery of goods or services to meet an
actual danger to the public health, safety or welfare. The head of
the department requesting an emergency purchase shall contact the
Chief Financial Officer and the member(s) of the Township Committee
who supervise the requesting department in order to receive approval.
In the absence of the Chief Financial Officer or the members of the
Township Committee in charge of the requesting department, any other
member of the Township Committee should be requested to declare an
emergency. On the next working day following the emergency, the department
head shall submit a written report to the Chief Financial Officer
describing the emergency and the steps taken to resolve the matter.
The purchasing agent should execute a purchase order, and the request
for purchase should be submitted routinely to the Treasurer's office.
[Ord. #15-1990, § 6]
The Treasurer's Office shall properly complete and determine
that legally appropriated and sufficient funds are available. The
availability of funds will be certified by the Chief Financial Officer,
the Municipal Treasurer, or the Deputy Treasurer, pursuant to N.J.A.C.
5:30-14.5 as amended and supplemented. The certified purchase order
forms shall be signed by the Treasurer's Office and the purchase order
parts shall be distributed as follows:
a.
Part 1 and Part 2 - Forwarded to the vendor to place the order. Part
1 to remain with the vendor. Part 2 (voucher) to be returned by the
vendor with his invoice(s) when requesting or claiming payment.
b.
Part 3 - Removed by the Treasurer's Office to serve as the basis
for an encumbrance and retained in a numerical purchase order file.
c.
Part 4 - Returned to requesting department to be signed and returned
to Purchasing Agent when order is received and completed.
d.
Part 5 - Forwarded to the requesting department serving notice that
the order has been placed. Filed in an open requisition file by commodity
service title and stapled with the duplicate requisition.
[Ord. #15-1990, § 7]
On receipt of the purchase order, the vendor performs accordingly
in providing the goods or services. The vendor returns the signed
voucher (Part 2) and the original invoice(s) to the Treasurer's Office
which forwards them to the requesting department head for signature.
[Ord. #010-2012; Ord. #012-2012; Repealed by Ord. No. 018-2017]
[Ord. #3-1994, § 1; Ord. #016-2014]
A person applying for representation by a Municipal Public Defender
in the Township of Upper shall pay an application fee of $200. The
Municipal Court may waive any required 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.
[Ord. #10-1992 § 1; Ord. #004-2002, § 1]
There shall be established within the Township of Upper a special
emergency response unit to be known as "The Upper Township Hazardous
Materials Decontamination Team" or "The Upper Township Hazardous Materials
Decontamination Unit" or "Upper Township HAZMAT DECON TEAM". For administrative
purposes, this team or unit shall be assigned to the office of Emergency
Management, but shall operate under the chiefs of the several volunteer
fire companies and the chief of the rescue squad.
[Ord. #10-1992, § 1; Ord. #004-2002, § 1]
The team or unit shall perform basic decontamination for all
first responders, or as directed by the incident commander, at any
hazardous materials incident or terrorist incident within the Township
of Upper or elsewhere when the team has been dispatched by the Upper
Township Chiefs' Association or the Director of the Office of Emergency
Management. "Basic decontamination" shall be inclusive of all duties
and responsibilities contained within the New Jersey State Police
Hazardous Materials Operational Course, Hazardous Materials Technicians
Course, or other State and nationally recognized course of instruction,
as the same may, from time to time, be amended and supplemented.
[Ord. #10-1992, § 1; Ord. #004-2002, § 1]
The team or unit will operate under the supervision and control
of the incident commander at any such hazardous materials incident
in Upper Township or elsewhere.
[Ord. #10-1992, § 1; Ord. #004-2002, § 1]
Membership on the decontamination team or unit shall be limited
to those persons who are active members of a volunteer fire company
or rescue squad within Upper Township. Service shall be voluntary.
Members shall be chosen by the chiefs of the several Upper Township
volunteer fire companies and the chief of the Upper Township Rescue
Squad, subject to the approval of the Director of the Office of Emergency
Management of the Township of Upper. Members of the team or unit shall
serve in conjunction with his/her service as a volunteer member of
an Upper Township fire company or the Upper Township Rescue Squad
and shall receive membership points for such service within their
respective organizations. Members of the team or unit shall take periodic
physicals as directed, maintain personal physical fitness and attend
the appropriate training, as directed by the chief-in-charge to maintain
membership on the team or unit. Members of the team or unit shall
not be compensated and shall not be deemed or considered to be employees
of the Township. Nothing contained herein shall be construed as preventing
paid members of the rescue squad from serving as members of the decontamination
team or unit, provided they are selected in accordance with the provisions
of this subsection. They may be compensated for their work as rescue
squad members, but they shall not be compensated for work performed
as members of the decontamination team or unit.
[Ord. #10-1992, § 1; Ord. #004-2002, § 1]
All members of the decontamination team or unit will meet or
exceed the minimum requirements of the New Jersey State Police Office
of Emergency Management Level One Awareness Course. All members will
be trained to Firefighter Level One standards, including maintenance
procedures. The members of the team or unit will undergo training
at such times and with such frequency as determined by the Director
of the Office of Emergency Management in consultation with the chiefs
of the volunteer fire companies and the rescue squad.
[Ord. #10-1992, § 1; Ord. #004-2002, § 1]
All members of the decontamination team or unit will be required
to submit to annual medical surveillance and more frequently if required
by the Director of Emergency Management. The Township shall have the
right to impose additional training criteria through the adoption
of rules and regulations as hereinafter provided. The Director of
Emergency Management shall have overall responsibility for coordinating
the training of the individual members of the decontamination team
or unit.
[Ord. #10-1992, § 1; Ord. #004-2002, § 1]
a.
The decontamination team or unit will operate under rules and regulations
which shall be submitted to and approved by the Township Committee.
Approval shall be obtained by the adoption of a formal resolution
by the Township Committee and when adopted such Rules and Regulations
shall have the force and effect of law.
b.
Such rules and regulations shall be recommended to the Township Committee
by the Director of Emergency Management; the Fire Chiefs and the Chief
of the Rescue Squad. The initial rules and regulations shall be submitted
to the Township Committee by December 31, 1992.
c.
The Township Committee may also propose rules and regulations on
its own initiative. When initiated by the Township Committee, such
proposed rules and regulations shall be sent to the Director of Emergency
Management, each Fire Chief and the Chief of the Rescue Squad, who
shall have 30 days within which to review the proposed rule or regulation
and submit comments or recommendations to the Township Committee.
No rule or regulation initiated by the Township Committee shall take
effect prior to the Director of Emergency Management, the Fire Chiefs
and the Chief of the Rescue Squad having a thirty-day period to review
the proposal and to be heard with respect thereto.
d.
No rule or regulation shall be deemed effective until such time as
it has been approved by the Township Committee through the adoption
of an appropriate resolution.
[Ord. #10-1992, § 1; Ord. #004-2002, § 1]
a.
The Township shall fund the initial medical examinations of the members
of the decontamination team or unit and the medical surveillance to
be carried out thereafter. The Township shall also pay for the future
training of the members of the decontamination team or unit as well
as for the equipment to be utilized by such team or unit. This provision
shall be subject to the limitations hereinafter imposed.
b.
All expenditures by the Township shall be limited by the annual appropriation
contained within the municipal budget. The Director of Emergency Management
shall confer with the various chiefs and agree on a budget request
to be submitted to the Township for the annual operational budget
of the decontamination team or unit. The initial budget request, covering
1993, shall be filed with the Township Treasurer's Office not later
than December 15, 1992 and by November 1st of each succeeding year
thereafter.
c.
No expenditure for training, equipment or other expense shall be
incurred without the issuance of purchase order by the Treasurer's
Office.
[Ord. #9-1999, § 1]
The Township of Upper is hereby authorized and empowered to
participate in the program established by the State of New Jersey,
Department of Environmental Protection, known as the "Limited Practical
Use Pinelands Acquisition Program" and is authorized and empowered
to accept properties conveyed to the Township which are subject to
certain environmental and development restrictions. The Township is
further authorized and empowered to accept such properties subject
to such conditions and is further authorized and empowered to either
retain the property as open space or to dispose of the property strictly
in accordance with the restrictions imposed by the grantor.
[Ord. #9-1999, § 1]
Upon receipt of a deed of conveyance pursuant to the Limited
Practical Use Pinelands Acquisition Program, the Township Clerk shall
notify the Township Committee of the receipt of such deed and the
Township Committee shall thereupon decide whether to accept such deed
at a regular meeting of the Township Committee. The action of the
Township to accept or reject the deed shall be by formal resolution.
If the decision is to accept the conveyance, the Township Clerk shall,
upon adoption of the authorizing resolution, cause the deed to be
recorded in the Office of the Clerk of Cape May County.
[Ord. #9-1999, § 1]
The Township Clerk shall maintain a register of all such properties
acquired from the State pursuant to this program which shall include,
at a minimum, the date of conveyance, the date of acceptance or rejection
by resolution of the Township Committee, resolution number and the
date on which the deed was recorded in the Office of the Clerk of
Cape Map County. Such register shall also include an indication or
reference to the general and specific environmental and developmental
conditions which have been imposed. The purpose of this register shall
be, in part, to assure that no use or disposition of the property
is made which in any way violates any of the restrictions imposed
in the deed of conveyance and to further indicate that any sale of
the property can only be to adjacent owners and then only for limited
and express purposes.
[Ord. #9-1999, § 1]
Without in any way limiting the generality of the procedure
outlined in this section, the Township hereby acknowledges that it
has accepted deeds of conveyance pursuant to this program with respect
to the following described parcels:
Block 26, Lot 54
Formerly owned by Gloria C. Apsinwall and conveyed to the New
Jersey Department of Environmental Protection by Deed dated January
2, 1998 and recorded January 26, 1998 in the Office of the Clerk of
Cape May County in Book 2742, page 0036.
Block 26, Lot 51
Formerly owned by Livingston Lennon and Vera B. Lennon and conveyed
to the New Jersey Department of Environmental Protection by Deed dated
June 4, 1997 and recorded June 16, 1998 in the Office of the Clerk
of Cape May County in Book 2716, page 0062.
[Ord. #9-1999, § 1]
The Township hereby ratifies, confirms and approves any and all action taken by the Township or any of its officers, officials or employees with respect to the acceptance of the parcels identified in subsection 2-15.4 and the recording of the deeds in the Office of the Clerk of Cape May County.
[Ord. #9-1999, § 1]
The Township of Upper is hereby authorized to accept a deed
of conveyance from the owner(s) of real property situated in the Township
of Upper by gift or devise provided that the acceptance is in accordance
with the procedure established in this section.
[Ord. #9-1999, § 1]
Upon receipt of an offer to convey property to the Township
by gift or devise, the Township Committee shall consider such proposal
at a regularly scheduled meeting and shall adopt a resolution either
accepting or rejecting the proposed conveyance. If the property is
to be accepted, the resolution shall specify the general and specific
terms and conditions, if any, under which the conveyance will be accepted.
[Ord. #9-1999, § 1]
The Township may accept real property by gift or devise whenever
it should appear that acceptance would be consistent with one or more
of the following:
a.
A policy of acquiring certain properties in Strathmere as part of
or in conjunction with a beach acquisition, beach nourishment, shore
protection program, flood control or flood mitigation program or open
space or other similar reason;
b.
A policy of acquiring property for future use or for open spaces;
c.
A policy to acquire property that is adjacent to or in close proximity
to other property which is owned by the Township or in which the Township
has an interest;
d.
Whenever it should appear that taxes are in default and there is
a likelihood that the Township will acquire a tax title lien and the
acceptance of a conveyance will eliminate the expense involved in
an in rem tax foreclosure proceeding or where the acquisition will
eliminate an increase to an appropriation reserve for uncollected
taxes;
e.
Any other reason that is in the public interest as determined by
the Township Committee in the exercise of its sole judgment and discretion.
[Ord. #9-1999, § 1]
In order to accept a conveyance pursuant to this section, the
property owner must provide evidence satisfactory to the Township
that there are no liens or encumbrances except for al valorem real
estate taxes affecting the property; that the title is marketable;
that there are no undisclosed ownership interests; that the property
is not subject to any environmental hazards or conditions and is not
subject to any pending or threatened environmental enforcement action.
Nothing in this subsection shall prohibit the Township from accepting
a conveyance where the property is subject to a tideland or riparian
claim by the State of New Jersey.
[Ord. #9-1999, § 1]
The Township may impose such further and additional conditions
or considerations as the Township Committee shall deem appropriate
depending upon the particular facts and circumstances involved in
the specific conveyance. The Township Committee may, for good cause
and in the exercise of its judgment and discretion, waive any of the
conditions herein imposed.
[Ord. #9-1999, § 1]
Without in any way intending to limit the generality of the
foregoing, the Township shall be authorized to accept a conveyance
of the following described parcels:
Block 764, Lot 3:
Conveyed by Sidney Dyer, widower, by deed dated October 24,
1997 to the Township of Upper which was recorded on November 5, 1997
in the Office of the Cape May County Clerk in Deed Book 2733, page
171.
[Ord. #9-1999, § 1]
The Township ratifies, confirms and approves the actions of Township officials, officers and employees in accepting a deed of conveyance and recording same in the Office of the Clerk of Cape May County with respect to those parcels identified in subsection 2-15.16 herein.
[Ord. #9-1999, § 1]
This section authorizes the Township to accept real property
by gift or devise only and does not authorize any acquisition by purchase,
lease or exchange. Any purchase, lease or exchange shall only be authorized
by a specific ordinance authorizing the specific transaction.
[Ord. No. 003-2017]
The Township hereby establishes the Upper Township Economic
Development Advisory Commission (hereinafter "Commission").
[Ord. No. 003-2017]
a.
The primary functions and objectives of the Commission shall be:
1.
To discuss, investigate, study and give written advice and recommendations
to the Township Committee as determined by the Commission and/or as
may be requested by the Township Committee regarding economic and
business conditions and circumstances best suited for the Township,
and the manner and methods by which development of business conditions
and circumstances best suited for the Township may evolve and be encouraged.
3.
To recommend, in writing, to the Township Committee the means by
which stability, growth and increased commercial ratables can best
take place.
4.
To work together cooperatively with the State, the County and other
local regional and State organizations, divisions or departments having
similar goals, in order to be able to recommend to the Township Committee
the best and most desirable planning, implementation and courses of
action by which the primary functions and objectives of the Township's
economic and business interests can be most effectively and efficiently
merged and cooperated with those other organizations, divisions or
departments having similar goals in furtherance of increased commercial
ratables, tourism, business creation and retention and promoting the
Township as an attractive place in which to live, work or visit.
b.
The Commission shall serve as the liaison between the Township and
the business community including coordinating meetings and dialogue
between the Township and the Business or Civic Associations and Chamber
of Commerce and assisting the Township in promoting the many advantages
to opening and operating a business in the Township.
c.
Working in combination with other municipal commissions, committees
and in conjunction with public/private partnerships, the Commission
shall propose, organize, sponsor, promote and advertise events to
improve tourism, merchant trade and commerce in Township business
areas and sponsor educational symposiums to improve business knowledge
of commercial owners as permitted by budgetary constraints and as
authorized by the Township Committee.
d.
The Commission shall identify and recommend to the Township Committee
the retention of professionals and other experts which the Commission
deems necessary or desirable to effectuate the objectives of the Commission,
subject to approval of the Township Committee and budgetary constraints.
e.
The Commission shall establish annual goals and measurement techniques
to gauge success, monitor progress and determine need for adjustments
to the plan of action which shall be submitted to the Township Committee
for approval. The Commission shall report to the Township Committee
at least on a semi-annual basis, or more frequently at the request
of the Township Committee, to provide a report on the progress of
the objectives and the achievements accomplished and to receive input
from the Township Committee and the public.
f.
From time to time, but not less than annually, the Commission shall
submit to the Township Committee for review and approval, by resolution,
the mission statement adopted by the Commission and the methods by
which the Commission's objectives will be achieved. No such mission
statement shall be amended except upon approval by the Township Committee
through a resolution.
g.
The Commission shall have such additional primary and lesser authority,
functions, purposes and objectives as the Commission may from time
to time submit to the Township Committee, subject to the Township
Committee's selection and approval, and/or as may, from time to time,
be determined by the Township Committee by way of amendments to this
section.
[Ord. No. 003-2017]
a.
The Commission shall consist of five regular members and two alternates,
all appointed by the Township Committee and all members shall have
a term of office of three calendar years, or such lesser period of
time as may be caused by the date of appointment, with terms expiring
at 11:59 p.m., December 31 of each calendar year. Appointments shall
be staggered such that two appointments expire in each of the first
two calendar years of the Commission and one appointment expires the
third initial calendar year of the Commission.
b.
The members of the Commission shall be residents or taxpayers of
the Township, or his/her designee. In addition, one member shall be
a member of the Township Committee.
c.
All five regular members of the Commission shall have full voting
privileges. Alternate members shall participate in all meetings and
discussions but shall only vote in the absence of a regular member.
d.
The appointments of members of the Commission shall be made by the
Township Committee by resolution as soon as practicable after the
establishment of the Commission in this calendar year of its establishment,
and in succeeding years at the annual Township Committee reorganization
meeting or any subsequent regular meeting of the Township Committee
in January of each calendar year.
e.
The appointment of any member of the Commission may be rescinded
or terminated by the Township Committee with or without cause.
f.
Any vacancy created by any resignation of any member of the Commission
during any calendar year may be filled by appointment by the Township
Committee by resolution for the remainder of that member's term of
office.
[Ord. No. 003-2017]
The members of the Commission shall meet within 30 days of their
appointment.
[Ord. No. 003-2017]
a.
At the first meeting in each calendar year the Commission shall:
1.
Elect a chairperson, vice chairperson and a secretary.
2.
Establish a schedule of meeting dates for the remainder of the calendar
year.
3.
Establish a list of primary and lesser objectives and a mission statement
for the calendar year.
4.
Establish a schedule of performance due dates for reports of any
investigation or study to be undertaken by the Commission during the
calendar year.
b.
All meetings shall be accurate and sufficient written minutes which
shall be promptly prepared, approved and forwarded to the Township
Committee. A member shall be elected by the Commission each calendar
year to perform the duties of minute taking and preparation and such
other clerical tasks as may be necessary or desired, and that member
shall be the Secretary.
c.
The product and minutes of the first meeting of the Commission in
each calendar year shall promptly be forwarded to the Township Committee,
and all products and minutes of every meeting thereafter shall be
promptly prepared and approved by the Commission, and then forwarded
to the Township Committee.
d.
The Commission may organize its activities, investigations, studies
and reports by committee, but no committee action or recommendation
shall have status as an action or report by the Commission unless
adopted by a majority vote of the Commission and at a meeting on reasonable
advance notice to the membership of the Commission.
e.
Any and all investigations, studies, calls for action, reports or
recommendations for action adopted by a majority vote of the Commission
shall be promptly forwarded to the Township Committee and they shall
not be published or disseminated in any way whatsoever until that
is accomplished and until and unless reviewed, accepted and approved
by the Township Committee. Any Commission member violating this section
or subsection 6 or 7 may have his/her appointment rescinded and terminated
for cause by the Township Committee.
f.
No implementation of any call for action, or any report and recommendation
by the Commission to the Township Committee shall take place or have
any status as action by the Township, or a report of the Township,
or a policy of the Township, unless and until accepted and approved
by the Township Committee by resolution, and the Township Committee
in its discretion may decline to act, accept or approve, or may act
upon, accept or approve any portion, or the whole, as it desires and
determines.
g.
The Commission being an advisory commission of the Township Committee,
and being subordinate to the Township Committee and subject to the
oversight of the Township Committee, shall conduct its activities
and meetings in accord with all applicable State law, which shall
include, may not be limited to, the Open Public Meetings Act and the
Open Public Records Act.
h.
The Commission's meetings and deliberations shall proceed in accordance
with the latest version of Robert's Rules of Order.
