[1]
Editor's Note: Former Section 2-55, Payment of Claims, previously
codified herein and containing portions of Ordinance No. 932, was
repealed in its entirety by Ordinance No. 96-41.
[Ord. No. 96-41 § 1; Ord. No. 00-14 § 1]
The Township of Neptune Purchasing Manual, dated March 27, 2000,
a copy of which is on file in the office of the Municipal Clerk, be
and is hereby adopted as the Official Purchasing Manual and Purchasing
Procedures of the Township of Neptune, County of Monmouth, New Jersey.
[1]
Editor's Note: This section was originally adopted by Ord.
No. 1075, adopted on August 6, 1975.
[Ord. No. 1132 § 2]
No insurer issuing fire insurance policies in this State shall
pay any claims for fire damages in excess of two thousand five hundred
($2,500.00) dollars on any real property located within the Township
unless or until the insured person submits an official certificate
of search for municipal liens certifying that all taxes, assessments
or other municipal liens or charges, levied and assessed and due and
payable against said property have been paid. Any request pursuant
to this section, for an official certificate of search for municipal
liens shall specify that the search concerns fire damage property.
[Ord. No. 1132 § 3]
If the municipal search shall reveal the presence of any taxes,
assessments or other municipal liens or charges due and payable, then
such amounts shall be paid by either the owner of such real property
or by the insurance company prior to the payment of any claims for
fire damages in excess of two thousand five hundred dollars ($2,500.00)
dollars on such real property located within the municipality except
as provided herein, an insurance company is hereby authorized and
required, prior to the payment of any claims for fire damages in excess
of two thousand five hundred ($2,500.00) dollars to pay to the municipality
the amount of the liens appearing on the official certificate (tax
search) and such other recorded liens or related charges as may be
certified to the insurance company.
[Ord. No. 1132 § 4]
An insurance company receiving a certified copy of a resolution
of an agreement referred to above from the Township Committee is hereby
authorized to make full payment of the claim to the insured person.
[Ord. No. 1132 § 5]
If an appeal is taken on the amount of any lien or charge, other
than an appeal on the assessed valuation of real property pursuant
to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable
to the Court of record, to be held by the Court in an interest-bearing
escrow account in a banking institution or savings and loan association
in this State, in an amount totaling seventy-five (75%) percent of
the full amount of the lien or charge being contested but not to exceed
the proceeds payable under its insurance policy, and the insurance
company shall issue a draft payable to the Township for the remaining
twenty-five (25%) percent of the lien or charge being contested, with
the full amount paid by the insurance company to the Court and the
Township not to exceed the proceeds payable under its insurance policy
pending termination of all proceedings, at which time such monies
and all interest accruing thereon at a rate pay on interest-bearing
accounts in banking institutions for savings and loan associations
in this State, shall be disbursed in accordance with final order or
judgment of the Court.
[Ord. No. 1132 § 6]
A municipal claim made in accordance with the provisions of
this section shall be paramount to any other claims on the proceeds
of the fire insurance policy, except the claim of the holder of a
purchase money mortgage held as a first mortgage or an institutional
lender which is a holder of a mortgage on the fire damage property,
where the fire insurance policy at the time of the loss listed the
mortgagee as the holder of an insurable interest, in which event the
claim of the mortgagee to the proceeds shall be paramount to the municipal
lien under this section only to the extent of the amount due and payable
to the mortgagee under the mortgage contract. As used in this paragraph,
"institutional lender" means any bank, savings bank, State or Federal
chartered savings and loan association, or insurance company.
[Ord. No. 1132 § 7]
Nothing in this section shall be construed to affect the authority
of the Township to enforce a Township lien under any other law of
this State.
[Ord. No. 1509, Preamble]
The Township Committee is empowered pursuant to N.J.S.A. 40:52-1
et seq. to make, amend, repeal, and enforce ordinances to license
and regulate business concerns; and the Township is desirous of ensuring
that all real property taxes, assessments and sewer fees are paid
in a timely fashion by the owners of real property who make application
for the granting or renewal of a business license or permit. The Township
is empowered to withhold the granting or renewal of a business license
or permit to the owner of real property who owes back real estate
taxes, assessments or sewer fees for the property where the license
is to be maintained or the permit is sought.
[Ord. No. 1509 § 1]
Neptune Township shall not grant or renew the business license
or permit of an applicant property owner unless the applicant has
paid all past-due, if any, real property taxes, assessments, and sewer
fees for the property where the license is maintained or the permit
is sought.
[Ord. No. 1509 § 1]
The Township shall be empowered to revoke or suspend the business
license or permit of a property owner who has failed to pay for three
(3) consecutive quarters the real estate taxes, assessments, or sewer
fees for the property where the license is maintained. Upon payment
of the same, the license or permit may be restored.
[Ord. No. 02-34 § 1]
The provisions of this section shall apply to all applicants/licensees
who apply for a license or seek a permit in their individual names,
in partnership, with others operating under a partnership name, or
as a shareholder/stockholder, officer or director or a corporation,
acting under a corporate name or designation. The provisions of this
section shall not apply to or include any of the following:
[Ord. No. 1684 § 1]
This section is enacted pursuant to N.J.S. 40:42-1 et seq.,
The Home Rule Act, which directs municipalities to act for the health,
safety and welfare of its citizens and to implement N.J.S. 15:8-1.1.
[Ord. No. 1684 § 2]
Membership in a volunteer fire company means membership in a
volunteer fire company organized pursuant to Title 15 of the Revised
Statutes or Title 15A of the New Jersey Statutes, membership in a
volunteer fire company or similar organization constituted in a fire
district pursuant to N.J.S. 40A:14-70.1, membership in a junior firemen's
auxiliary established pursuant to N.J.S. 40A:14-95, or non-paid membership
in a part-paid fire department or force established pursuant to Chapter
14 of Title 40A of the New Jersey Statutes.
[Ord. No. 1684 § 3]
Any person desiring membership in a volunteer fire company shall
complete, in duplicate, an application, the form of which may be prescribed
by the Board of Fire Commissioners, and which shall contain at a minimum,
the following information about the applicant:
a.
Name.
b.
Home address.
c.
Birth date.
d.
Social Security Number.
e.
Diver's license number.
g.
Any conviction of violation of N.J.S. 2C:33-3 False Public Alarms.
h.
Any conviction of a crime or disorderly persons violation.
i.
Such other information as the volunteer fire company deems relevant
to the application provided none of such information is prohibited
by law.
|
Upon completion of the application form, it shall be filed with
the Neptune Board of Fire Commissioners or the Ocean Grove Board of
Fire Commissioners respectively.
|
[Ord. No. 1684 § 4]
Following the filing of such application, the Board of Fire
Commissioners shall transmit a background and criminal history release
authorization form, duly signed by the applicant, to the Chief of
Police of the Township of Neptune. The applicant shall then make an
appointment with the Neptune Township Police Department to submit
to fingerprinting. Upon receipt of said authorization form and the
completion of the fingerprinting of the applicant, the Neptune Township
Police Chief shall direct that a state applicant fingerprint card
be submitted to the New Jersey State Police to complete a criminal
background and history check on said applicant. If, as the result
of such investigation, the applicant is found to have been convicted
of a violation of N.J.S. 2C:17-1a, b, c and/or d or N.J.S. 2C:33-3
or any other crime or disorderly persons violation or any other information
that would indicate the applicant may be a threat to the health, safety
or welfare of the community, the Chief of Police shall report such
information and the particulars thereof to the Board of Fire Commissioners,
who shall then make a determination as to whether to accept the applicant
as a member of a volunteer fire company in the Township of Neptune.
[Ord. No. 1684 § 5]
The above investigation by the Chief of Police shall be completed
within thirty (30) days of the completion of the fingerprinting of
the applicant.
[Ord. No. 95-4 § 1]
[Ord. No. 97-20 § 1;
Ord. 12-01]
Shall mean volunteers in a Township fire company, first aid
squad, Office of Emergency Management or ANSWER team who meet the
definition of active member or active life member as certified in
writing by the Chief Executive Officer of a volunteer fire company,
volunteer first aid squad, volunteer Office of Emergency Management
or volunteer ANSWER team within the Township of Neptune to have served
at least one (1) year of continuous volunteer service in the company
or squad, to possess the necessary certifications and/or training
required by the said company or squad.
Shall mean those charges established by the Township of Neptune
which are fully retained by the Township of Neptune as revenue. Specifically
excluded is any portion of the fee which is collected by the Township
on behalf of another entity including but not limited to the State
of New Jersey, the County of Monmouth, or an outside vendor.
[Ord. No. 97-20 § 2;
Ord. 12-01]
All active members, as defined in subsection 2-59.1 shall be entitled to the following benefits:
Exemption from the payment of any Township of Neptune fees for
Township recreation activities, Township training programs, Township
licenses and Township permit fees, including but not limited to certificates
of occupancy, Uniform Construction Code fees, and Board of Adjustment
bulk variance application fees. Exemption shall apply for the members
primary residence only.
[Ord. No. 97-20 § 3]
a.
Fees, licenses and permits associated with any for profit activity.
b.
Inclusion in programs when the registration is received after maximum
registration has been reached.
c.
Fees and escrows associated with Planning Board and Board of Adjustment
site plan and subdivision applications.
d.
Escrows associated with engineering inspections.
e.
Dog license fees.
f.
Posting of performance and maintenance guarantees where required.
g.
Neptune or Ocean Grove Sewerage Authority charges.
[Ord. No. 97-20 § 3;
Ord. 12-01]
a.
On or about January 31 of each calendar year each fire company, first
aid squad, Officer of Emergency Management, and ANSWER team shall
submit to the Business Administrator a list of all individuals who
meet the definition for active member status. Updates shall be provided
by each organization to the Business Administrator on a periodic basis
to add those individuals who have completed their probationary status
or to delete individuals who have dropped their membership or who
have no longer met the criteria for active member status.
b.
The Business Administrator shall issue each active member an identification
tag for use in the various municipal departments.
c.
All active members must comply with all registration procedures and
complete all application forms established by the Township of Neptune.
d.
The Business Administrator is hereby authorized to enforce the provision
of this section.
[Ord. No. 04-48 § 1]
The Youth Development Council will provide a safe and supervised
community based setting for local school aged youth to experience
a needs driven, age specific program encompassing municipally coordinated,
extracurricular activities and private sector, cooperative career
connective activities aimed at increasing and improving social, educational
and economic opportunities.
[Ord. No. 04-48 § 1; Ord. No. 05-01 § 1; Ord. No. 06-12 § 1]
There is hereby authorized a Youth Development Council. The
Council shall be made up of fifteen (15) members and shall consist
of one (1) member representing each of the following groups/organizations:
a.
Neptune Township Committee.
b.
Neptune Township Board of Education.
c.
Neptune Township Police Department.
d.
Neptune Township Economic Development Corporation.
e.
Midtown Urban Renaissance Corporation.
f.
Neptune Township Municipal Alliance to Prevent Alcoholism and Drug
Abuse.
g.
Jersey Shore University Medical Center.
h.
Monmouth Council Boy Scouts of America.
i.
Greater Neptune Area Chamber of Commerce.
j.
Monmouth County Big Brothers/Big Sisters.
k.
Infoage.
l.
Neptune Township Education Foundation.
m.
Monmouth Council Girl Scouts of America.
n.
Neptune Township Education Association.
o.
Optimist Club.
[Ord. No. 6-12 § 1;
Ord. 07-13 § 1]
Each group/organization shall recommend, to the Township Committee,
a representative to serve on the Youth Development Council. The members
shall be appointed by resolution of the Township Committee and shall
serve without compensation for a term of one (1) year.
[Ord. No. 04-48 § 1]
The members of the Youth Development Council shall conduct an
annual reorganization at which time from among the membership a Chairperson,
Vice-Chairperson, Corresponding Secretary and Recording Secretary
shall be selected.
[Ord. No. 04-51 § 1; Ord. No. 06-43 § 1; Ord. No. 10-33 § 1]
a.
General per Copy Charge. In accordance with N.J.S.A. 47:1A-2 entitled
"Public Records, right of inspection; copies; fees": the charge for
copies from any Township departments, unless otherwise stated herein,
shall be as follows:
$.05 per letter size page or smaller.
$.07 per legal size page or larger.
b.
Nonstandard Media. Access to electronic records and non-printed materials
shall be provided free of charge, but there shall be a charge for
the actual costs of any needed supplies such as cassette tapes or
computer disks.
Costs associated with the production of copies of any nonstandard
media, such as, larger scale documents, maps, plans, photographs,
books or bound publications, and forms of electronically recorded
media, shall be determined on an as-provided basis based on the reasonably
approximated actual costs, excluding labor and overhead, associated
producing copies of the same, as determined by the Municipal Clerk.
Actual postage rates will be assessed to any records sent through
the mail or other private delivery service.
[Ord. No. 04-51 § 1;
Ord. 10-33 § 2]
|
Township Street Map
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$1.00
|
|
Master Plan
|
$50.00 (mailed $54.75)
|
|
Environmental Resource Inventory
|
$20.00 (mailed $24.75)
|
[Ord. No. 04-51 § 1; Ord. No. 08-18 § 1; Ord. No. 09-12 § 1; amended 4-8-2019 by Ord. No. 2019-07; 8-12-2019 by Ord. No. 2019-19; 2-24-2020 by Ord. No. 20-02; 3-22-2021 by Ord. No. 21-11; 1-23-2023 by Ord. No. 23-02]
|
Neptune Day:
| |
|---|---|
|
Food vendor
|
$100
|
|
Merchandise (non-food) vendor
|
$50
|
|
Nonprofit or civic group not selling items
|
No charge
|
|
Summer Recreation Program:
| |
|---|---|
|
$300 per child
No Sibling Discount
Half-Price Scholarship Program as Administered by Recreation
Department
All fees are nonrefundable
|
Field use: There is hereby established, and incorporated in
this chapter by way of reference, a Table of Facility Use Reservation
Fees for use of recreational fields and field lighting. Said fees
may be amended from time to time by resolution of the Township Committee.
[Ord. No. 04-51 § 1; Ord. No. 10-11 § 1]
|
Issuance of a duplicate tax sale certificate when original lost
by lien holder:
|
$100.00
|
|
Discharge of tax sale certificate when lost by lien holder:
|
$20.00
|
|
Processing Returned Check:
|
$20.00
|
|
Duplicate Bill Fee:
|
$5.00 for the first bill;
$20.00 for each bill thereafter
|
|
Calculation of the amount required to redeem a tax sale certificate:
| |
|
Property owner of party entitled to redeem—
First two calculations in a calendar year
|
No charge, thereafter
$50.00 for each calculation
|
|
Lienholder
|
$50.00 for each calculation
|
[Ord. No. 04-51 § 1; Ord. No. 07-58 § 1]
|
Freon Appliance
|
$30.00
|
|
Tires
|
$3.00 per tire
|
|
11 cubic yard dumpster rental
(From the morning of one business day to the morning of the
next business day)
|
$400.00
|
|
Trash receptacle for automated trash collection system (initial
receptacle provided free of charge):
| |
|
Small size (35 gal.)
|
$40.00
|
|
Medium size (65 gal.)
|
$50.00
|
|
Large size (95 gal.)
|
$60.00
|
|
Dedicated park bench
(Plaque not included)
|
$150.00
|
[Ord. No. 04-51 § 1]
|
Zoning Permit
|
$35.00
|
|
(Construction and building fees are authorized under the Uniform
Construction Code Ordinance)[1]
| |
[Ord. No. 04-51 § 1;
Ord. 10-33 § 3]
|
Discovery
|
General copy charge as stated above
|
|
Firearms Identification Card
|
$5.00
|
|
Permit to Purchase Handgun
|
$2.00
|
[Ord. No. 2018-01]
|
Bid plans and specifications
|
$50.00
|
[Ord. No. 06-47 § 1]
All fees contained herein shall be nonrefundable.
[Ord. No. 09-22 § 1]
It is the purpose and intent of the Township of Neptune to restrict
the use of its authority pursuant to the Local Redevelopment and Housing
Law, N.J.S.A. 40A:12A-1 et seq. as that law may be amended and supplemented,
to exercise the power to eminent domain under circumstances that would
allow for the transfer of private property to or for the benefit of
another private citizen or entity while not limiting the Township's
authority of eminent domain for public use or public purposes established
under the New Jersey Eminent Domain Act.
[Ord. No. 09-22 § 1]
Eminent domain under traditional authority shall continue to exist as to both residential and nonresidential property where required in the opinion of the Township Committee for public use or public purpose such as but not limited to road construction, park or recreation facility construction or use or where the public health, safety or welfare has been determined to be at issue and condemnation is the last and/or best process for correcting the situation, but under no circumstances for purposes of transferring those properties to a private developer or other private entity except as provided by subsection 2-62.4. In all such cases, the procedure and the taking shall be pursuant to State statute as set forth by the Eminent Domain Act and similar State legislation.
[Ord. No. 09-22 § 1]
Eminent domain shall be prohibited as to residential properties
and commercial properties pursuant to the Local Redevelopment and
Housing Law except where specifically allowed below.
[Ord. No. 09-22 § 1]
The provisions of subsections 2-62.2 and 2-62.3 shall not apply with regards to the redevelopment of West Lake Avenue only as defined by the West Lake Avenue Redevelopment Plan adopted by the Township Committee under Ordinance 05-20 with designated properties set forth within the aforesaid area pursuant to Resolution No. 05-212 and any subsequent amendments of said resolution and ordinance and subject to the terms of an existing Redevelopment Agreement between the Township of Neptune and CityWorks West Lake, LLC entered June 13, 2005 and any subsequent amendments made prior to adoption of this section.
[Ord. No. 09-22 § 2]
Any residential or nonresidential properties which are subject
to eminent domain in the above stated excepted redevelopment area
shall be subject to relocation assistance pursuant to the Relocation
Assistance Law of 1967, N.J.S.A. 52:31B-1 et seq. and the Relocation
Assistance Act of 1971, N.J.S.A. 20:4-1 et seq. and the regulations
promulgated pursuant thereto, the cost and responsibilities of which
are set forth more fully with regards to the one excepted redevelopment
area in the Redevelopment Agreement by and between the Township of
Neptune and CityWorks West Lake, LLC dated June 13, 2005 and its subsequent
amendments, if any, prior to the adoption of this section.
[Ord. No. 09-22 § 3]
Where eminent domain is allowed under traditional uses as set forth in subsection 2-62.2 all standard procedures set forth in the New Jersey Eminent Domain Act and other relevant statutory and case law shall be followed. Where eminent domain is allowed as an exception pursuant to subsection 2-62.4 and where implemented, all standard procedures required under the Local Redevelopment and Housing Law shall be followed along with the additional procedures set forth under the West Lake Redevelopment Plan — Ordinance 05-20 and the Redevelopment Agreement by and between the Township of Neptune, New Jersey and CityWorks West Lake, LLC dated June 13, 2005 and subsequent amendments, if any, prior to adoption this section.
[Ord. No. 07-21 § 1]
This section shall be known and may be cited as the "Neptune
Township Code of Ethics."
[Ord. No. 07-21 § 1]
The Township Committee of the Township of Neptune finds and
declares that:
a.
Public office and employment are a public trust;
b.
The vitality and stability of representative democracy depends upon
the public's confidence in the integrity of its elected and appointed
representatives;
c.
Whenever the public perceives a conflict between the private interest
and the public duties of a government officer or employee, that confidence
is imperiled;
d.
Governments have the duty both to provide its citizens with standards
by which they may determine whether public duties are being faithfully
performed, and to apprise their officers and employees of the behavior
which is expected of them while conducting their public duties.
[Ord. No. 07-21 § 1]
a.
It is the purpose of this section to provide a method of assuring
that standards of ethical conduct and financial disclosure requirements
for officers and employees of the Township of Neptune shall be clear,
consistent, uniform in their application, enforceable and to provide
those officers or employees with advice and information concerning
possible conflicts of interest which might arise in the conduct of
their public duties.
b.
It is further the purpose of this section to implement the provisions
of the Local Government Ethics Law, P.L. 1991, c. 29.
c.
This section is enacted under the authority of Local Government Ethics
Law, P.L. 1991, c. 20 and under the further authority granted to the
Township of Neptune under the provisions of Titles 40 and 40A of the
New Jersey Statutes.
[Ord. No. 07-21 § 1; Ord. No. 2016-04]
As used in this section:
Shall mean any agency, board, governing body, including the
chief executive officer, bureau division office, commission or other
instrumentality within the Township of Neptune, and any independent
local authority created by or appointed under the authority of the
Township of Neptune, if any, which performs functions other than of
a purely advisory nature.
Shall mean any corporation, partnership, firm, enterprise,
franchise, association, trust, sole proprietorship, union or other
legal entity.
Shall mean the Local Government Ethics Commission established
by the Local Government Ethics Law, P.L. 1991, c. 29.
Shall mean any person, whether compensated or not, whether
part time or full time, employed by or serving on an agency who is
not an officer.
Shall mean the ownership or control of more than ten (10%)
percent of the profits, assets or stock of a business organization
but shall not include the control of assets in a nonunion profit entity
or labor union.
Shall mean the spouse or dependent child of an officer or
employee residing in the same household.
Shall mean any person whether compensated or not, whether
part time or full time, who is one of the following.
Member of the Township Committee;
Special Parking Enforcement Officer/Special Code Enforcement
Officer;
Tax Assessor;
Township Clerk;
Township Attorney;
Township Engineer;
Township Planning Consultant;
Township Auditor;
Township Judge;
Township Prosecutor;
Planning Board Member;
Planning Board Attorney
Zoning Board of Adjustment Member;
Zoning Board of Adjustment Attorney;
Municipal Utilities Authority Member;
Municipal Utilities Authority Executive Director;
Board of Fire Commissioners Member, if any;
Fire Chief;
Board of Fire Commissioners Attorney, if any;
(Reserved)
[Ord. No. 2016-04]
(Reserved)
[Ord. No. 2016-04]
Deal Lake Commission Member;
Wesley Lake Commission Member;
Fletcher Lake Commission Member;
Historical Preservation Commission Member;
Special Counsel;
Any person who is a managerial executive or confidential employee,
as defined in Section 3 of the New Jersey Employer-Employee Relations
Act, N.J.S.A., 34:13A-3 or of any agency created under the authority
of or appointed by the Township of Neptune.
Shall mean an officer or employee of the Township of Neptune
or of an agency under the authority of or appointed by the Township
of Neptune.
[Ord. No. 07-21 § 1]
Pursuant to the provisions of PL 1991, c. 29, the Local Government
Ethics Law is hereby accepted, adopted and established as the minimum
standard to be used as a guide in determining ethical standards and
requirements of financial disclosure. A copy of the Local Government
Ethics Law is annexed to this section and three (3) copies of the
same have been placed on file in the office of the Township Clerk
and are available to all persons desiring to use and examine the same.
[Ord. No. 07-21 § 1]
Officers and employees of the Township of Neptune shall comply
with the following provisions:
a.
No officer or employee of the Township of Neptune or member of his
or her immediate family shall have an interest in a business organization
or engage in any business transaction or professional activity, which
is in substantial conflict with the proper discharge of his or her
duties in the public interest;
b.
No officer or employee shall use or attempt to use his or her official
position to secure unwarranted privileges or advantages for himself
or others;
c.
No officer or employee shall act in his or her official capacity
in any manner where he, a member of his or her immediate family, or
any business organization which he or she has an interest, have a
direct or indirect financial or personal involvement that might reasonably
be expected to impair his or her objectivity or independence or judgment.
d.
No officer or employee shall undertake any employment or service
whether compensated or not which shall reasonably be expected to prejudice
his or her independence of judgment in the exercise of his or her
official duties;
e.
No official or employee, member of his or her immediate family, or
any business organization which he or she has an interest, shall solicit
or accept any gift, favor, political contribution, service, promise
of future employment or other thing of value based upon an understanding
that the gift, favor, loan, contribution, service, promise or other
thing of value was given or offered for the purpose of influencing
him, directly or indirectly in the discharge of his or her official
duties. This provision shall not apply to the solicitation or acceptance
of contributions to the campaign of an announced candidate for elective
public office, if the officer has no knowledge or reason to believe
that the campaign contribution, if accepted, was given with the intent
to influence the officer in the discharge of his or official duties;
f.
No officer or employee shall use or allow to be used, his or her
public office or employment, or any information, not generally available
to members of the public, which he or she receives or acquires in
the course of and by reason of his or her office or employment, for
the purpose of securing financial gain for himself, any member of
his or her immediate family, or any business organization with which
he or she is associated;
g.
No officer or employee or any business organization in which he or
she has an interest shall represent any person or party other than
the Township in connection with any cause, proceeding, application
or other matter pending before any agency of the Township of Neptune.
This provision shall not be deemed to prohibit an employee from representing
another employee where the representation is within the context of
an official labor union or a similar representational responsibility;
nor shall this provision be applicable to the township public defender,
if any, with respect to the representation of defendants in the Municipal
Court;
h.
No officer shall be deemed in conflict with these provisions if,
by reason of his or her participation in the enactment of any ordinance,
resolution or other matter required to be voted upon or which is subject
to executive approval or veto, no material or monetary gain accrues
to him or her as a member of any business, profession, occupation
or group, to any greater extent than any gain could reasonably be
expected to accrue to any other member of such business, profession,
occupation or group;
i.
No elected officer shall be prohibited from making an inquiry for
information on behalf of a constituent, if no fee, reward or other
thing of value is promised to, given to or accepted by the officer
or a member of his or her immediate family, whether directly or indirectly,
in return therefor; and
j.
Nothing shall prohibit any officer or employee of the Township of
Neptune, or members of his or her immediate family, from representing
himself, herself or themselves, in negotiations or proceedings concerning
his, her or their, own interest;
k.
No officer or employee elected or appointed to the Township shall
without receiving formal written authorization from the appropriate
person or body, disclose any confidential information concerning any
other officer or employee or any other person or any property or governmental
affairs of the Township;
l.
Approve or disapprove or in any way recommend the payment of any
bill, voucher or indebtedness owed or allegedly owed by the Township
in which he has a direct or indirect personal, pecuniary or business
interest;
m.
No officer or employee elected or appointed in the Township shall
request, use or permit the use of any public property, vehicle, equipment,
labor or service for personal convenience or the private advantage
of himself or any other person. This prohibition shall not be deemed
to prohibit an official or employee from requesting, using or permitting
the use of such public property, vehicle, equipment, material, labor
or service which it is the general practice to make available to the
public at large or which are provided as a matter of stated public
policy for the use of officials and employees and the conduct of official
business.
[Ord. No. 07-21 § 1]
a.
Officers of the Township shall annually file a financial disclosure
statement. All financial disclosure statements shall include the following
information which shall specify, where applicable, the name and address
of each source and the officer's job title;
b.
Each source of income, earned or unearned, exceeding two thousand
($2,000.00) dollars received by the officer or a member of his or
her immediate family during the preceding calendar year. Individual
client fees, customer receipts or commissions on transactions received
through a business organization need not be separately reported as
sources of income. If a publicly traded security is the source of
income, the security need not be reported unless the local government
officer or member of his or her immediate family has an interest in
the business organization;
c.
Each source of fees and honorariums having an aggregate amount exceeding
two hundred fifty ($250.00) dollars from any single source for personal
appearances, speeches or writings received by the local government
officer or a member of his or her immediate family during the preceding
calendar year;
d.
Each source of gifts, reimbursements or prepaid expenses having an
aggregate value exceeding four hundred ($400.00) dollars from any
single source, excluding relatives, received by the local government
officer or a member of his or her immediate family during the preceding
calendar year;
e.
The name and address of all business organizations in which the local
government officer or a member of his or her immediate family had
an interest during the preceding calendar year; and
f.
The address and brief description of all real property in the State
in which the local government officer or a member of his or her immediate
family held an interest during the preceding calendar year;
g.
The Township of Neptune shall accept a financial disclosure statement
form prescribed by the commission for filing purposes. If a financial
disclosure statement form has been promulgated by the New Jersey Local
Finance Board, in accordance with the New Jersey Local Government
Ethics Law, then that form shall be used. The Township Clerk shall
make the forms available to the officers and employees required to
file a financial disclosure statement;
h.
The original statement shall be filed with the Township Clerk within
ninety (90) days after the effective date of the New Jersey Local
Government Ethics Law. All subsequent statements shall be filed on
or before April 30th of each year. A copy of the statement shall be
filed with the Commission;
i.
All financial disclosure statements filed shall be public records.
[Ord. No. 07-21 § 1]
a.
The Township of Neptune shall not establish a Local Township Ethics
Standards Board but shall utilize the services of the Commission for
purposes of enforcement of this Ethics Code. Any complaint filed with
the Township Administrator or other official may in the discretion
of the Township Committee be reviewed to the extent desirable by the
Township Committee at a public meeting with regards to written documentation
and, if desirable, testimony to determine whether or not there is
probable cause to pass the complaint on to the Commission. The Township
Committee may choose not to determine probable cause but merely to
pass the complaint on automatically to the Commission.
[Ord. No. 07-21 § 1]
a.
An officer or employee of the Township of Neptune may request and
obtain from the Commission an advisory opinion as to whether any proposed
activity or conduct would in its opinion constitute a violation of
the Code of Ethics or any financial disclosure requirements.
b.
Advisory opinions shall not be made public, except when the Commission
by the vote of two-thirds (2/3) of all of its members directs that
the opinion be made public.
c.
Public advisory opinions shall not disclose the name of the officer
or employee unless the Commission in directing that the opinion be
made public so determines.
[Ord. No. 07-21 § 1]
a.
The Commission, upon receipt of a signed written complaint by any
person alleging that the conduct of any officer or employee of the
Township of Neptune serving the Township is in conflict with the Code
of Ethics or financial disclosure requirements, shall acknowledge
receipt of the complaint within thirty (30) days of receipt and initiate
an investigation concerning the facts and circumstances set forth
in the complaint.
b.
The Commission shall make its determination pursuant to and in accordance
with its authority set forth in the Local Government Ethics Law, PL
1991, c. 29.
[Ord. No. 07-21 § 1]
a.
An appointed officer or employee of the Township of Neptune found
guilty by the Commission of the violation of any provision of this
section or of any Code of Ethics in effect pursuant to this section,
shall be fined not less than one hundred ($100.00) dollars nor more
than five hundred ($500.00) dollars, which penalty may be collected
in a summary proceeding pursuant to the "penalty enforcement law,"
N.J.S.A. 2A:58-1. The Commission shall report its findings to the
office or agency having the power of removal or discipline of the
appointed local government officer or employee and may recommend that
further disciplinary action be taken.
b.
An elected officer or employee of the Township of Neptune found guilty
by the Commission of the violation of any provision of this section
or of any Code of Ethics in effect pursuant to this section, shall
be fined not less than one hundred ($100.00) dollars nor more than
five hundred ($500.00) dollars which penalty may be collected in a
summary proceeding pursuant to the "penalty enforcement law," N.J.S.A.
2A: 58-1.
c.
The findings by the Commission that an appointed officer or employee
of the Township of Neptune is guilty of the violation of the provisions
of this section, or of any Code of Ethics in effect pursuant to this
section, shall be sufficient cause for his or her removal, suspension,
demotion or other disciplinary action by the officer or agency having
the power of removal or discipline. When a person who is in the career
service is found to have violated the provisions of this section or
any Code of Ethics in effect pursuant to this section, the procedure
leading to removal, suspension, emotion or other disciplinary action
shall be governed by any applicable procedures of Title 11A of the
New Jersey Statutes and the rules promulgated pursuant thereto.
[Ord. No. 07-21 § 1]
All statements, complaints, requests, or other written materials
filed pursuant to this section, and any rulings, opinions, judgments,
transcripts or other official papers prepared pursuant to this section
shall be preserved for a period of five (5) years from the date of
filing or preparation, as the case may be.
[Ord. No. 08-27 § 1; Ord. No. 09-07 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Retirement
Program:
a.
Statutory-Based, Untenured Chief Administrative Officer of the Local
Unit.
1.
Township Administrator.
b.
Positions with principal responsibility of a government function(s),
commonly called "department heads" or similar title, that are filled
by action of the Governing Body and who report directly to an elected
official(s) or chief administrative officer.
c.
Township Attorney.
d.
Municipal Engineer.
e.
Municipal Prosecutor.
f.
Municipal Court Judge.
g.
Township of Neptune Sewer Authority Commissioners.
h.
Township of Neptune Housing Authority Commissioners.
[Ord. No. 08-27 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.
43:15C-2.
[Ord. No. 08-27 § 3]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Added 2-28-2022 by Ord. No. 22-11; amended 8-22-2022 by Ord. No. 22-42; 12-11-2023 by Ord. No. 23-42]
[1]
Editor's Note: Former Section 2-67, Responsible Contractor
Policy, was repealed by Ord. No. 2016-03. History includes Ord. No.
09-18, Ord. No. 11-01, Ord. No. 11-37, and Ord. No. 2014-19.
[Added 2-28-2022 by Ord. No. 22-11; amended 8-22-2022 by Ord. No. 22-42; 12-11-2023 by Ord. No. 23-42]
As used in this section, the following terms shall have the
meanings indicated:
All financial reporting by licensed cannabis retailers and
distributors includes the requirements of a submission of an annual
audit prepared by an independent accountant to include verification
of the amount of taxes due to the Township.
Any usable medical or recreational cannabis or cannabis product
that is cultivated, produced, manufactured or consumed.
All exchanges of cannabis commodity for money.
A municipal tax, effective August 1, 2022, imposed as a uniform
percentage in addition to any other tax or fee imposed pursuance to
statute or local ordinance.
[Added 2-28-2022 by Ord. No. 22-11; amended 8-22-2022 by Ord. No. 22-42; 12-11-2023 by Ord. No. 23-42]
a.
It is the purpose of this section to implement the provisions of
P.L., 2021, c. 16 which authorizes the governing body of a municipality
to adopt an ordinance imposing a tax at a uniform percentage rate
not to exceed 2% of the receipt from each sale by a cannabis cultivator;
2% of the receipts from each sale by a cannabis manufacturer; 1% of
the receipts from each sale by a cannabis wholesaler; and 2% of the
receipts from each sale by a cannabis retailer, which shall be in
addition to any other tax or fee imposed pursuant to statute or local
ordinance or resolution by any governmental entity upon the cannabis
establishment.
b.
Unless otherwise defined herein, as used herein, the Township adopts by reference the terms and definitions established in Chapter LDO Land Development of this Code and Section 40 of N.J.S.A 24:6I-33.
c.
There is hereby established a local cannabis transfer tax in the
Township of Neptune which shall be fixed at a uniform percentage rate
of 2% of receipts from each sale by a cannabis cultivator and 2% of
the receipts from each sale by a cannabis manufacturer, 1% of the
receipts from each sale by a cannabis wholesaler; and 2% of the receipts
from each sale by a cannabis retailer.
d.
Any transaction for which the transfer or user tax is imposed, or
could be imposed, pursuant to this section, other than those which
generate receipts from retail sales by cannabis retailers, shall be
exempt from the tax imposed under the "Sales and Use Tax Act," P.L.
1966, c. 30 (N.J.S.A. 54:32B-1 et seq.).
e.
The cannabis transfer tax shall be in addition to any other tax or
fee imposed pursuant to statute or local ordinance or resolution by
any governmental entity upon property or cannabis establishment.
[Added 2-28-2022 by Ord. No. 22-11; amended 8-22-2022 by Ord. No. 22-42; 12-11-2023 by Ord. No. 23-42]
a.
The transfer tax or user tax imposed by this section shall be collected
or paid, and remitted to Neptune Township by the cannabis establishment
from the cannabis establishment purchasing or receiving the cannabis
or cannabis item. The transfer tax or user tax shall be stated, charged,
and shown separately on any sales slip, invoice, receipt, or other
statement or memorandum of the price paid or payable, or equivalent
value of the transfer, for the cannabis or cannabis item.
b.
Every cannabis establishment required to collect a transfer tax or
user tax imposed by ordinance pursuant to this section shall be personally
liable for the transfer tax or user tax imposed, collected, or required
to be collected under this section. Any cannabis establishment shall
have the same right with respect to collecting tax or user tax from
another cannabis establishment as if the transferor user tax was part
of the purchase price of the cannabis or cannabis item and payable
at the same time; provided, however, that the Chief Financial Officer
of Neptune Township shall be joined as a party in any action or proceeding
brought to collect the transfer tax.
c.
No cannabis establishment required to collect a transfer tax or user
tax imposed by this section shall advertise or hold out to any person
or to the public in general, in any manner directly or indirectly
that the transfer tax or user tax will not be separately charged and
stated to another cannabis establishment, or that the transfer tax
or user tax will be refunded to the cannabis establishment.
d.
All revenues collected from the transfer tax or user tax imposed
by ordinance pursuant to this section shall be remitted to Neptune
Township Chief Financial Officer on a quarterly basis payable for
the prior three month's activities and due at the same time as
quarterly dates for the collection of property taxes. The revenues
due on February 1 of each year shall include all transfer taxes and
user taxes collected for the immediate prior months of October, November
and December. The revenues due on May 1 of each year shall include
all transfer taxes and user taxes collected for the immediate prior
months of January, February and March. The revenues due on July 1
of each year shall include all transfer taxes and user taxes collected
for the immediate prior months of April, May and June. The revenues
due on November 1 of each year shall include all transfer taxes and
user taxes collected for the immediate prior months of July, August
and September. There shall be a ten (10) day grace period for the
payment of said transfer tax and/or user tax which will coincide with
the ten (10) day grace period typically permitted for property tax
payments. There shall be no extension of the cannabis transfer tax/user
tax grace period without a resolution of the governing body authorizing
a specific extension.
e.
All payments to Neptune Township shall be accompanied by certain
supporting data and made in a manner prescribed by the Chief Financial
Officer.
f.
The Chief Financial Officer shall collect and administer the Local
Cannabis Transfer Tax and User Tax imposed by this section. The Township
shall enforce the payment of delinquent Local Cannabis Transfer Tax
and User Tax in the same manner and at the same interest rates as
provided for municipal real property taxes.
g.
In the event that the Local Cannabis Transfer Tax and User Tax imposed
by this section is not paid as and when due by a cannabis business,
the unpaid balance, and any interest accruing thereon, shall be a
lien on the parcel of real property comprising the cannabis business
in the same manner as all other unpaid municipal taxes, fees, or other
charges. The lien shall be superior and paramount to the interest
in the parcel of any owner, lessee, tenant, mortgagee, or other person,
except the lien of municipal taxes, and shall be on a parity with
and deemed equal to the municipal lien on the parcel for unpaid property
taxes due and owing in the same year. In the event of a delinquency,
the Chief Financial Officer shall file with the Tax Collector a statement
showing the amount and due date of the unpaid balance and identifying
the lot and block number of the parcel of real property that comprises
the delinquent cannabis business. The lien shall be enforced as a
municipal lien in the same manner as all other municipal liens are
enforced.
