[The form of government in the Township of Hardwick is the
Township Form which comprises Chapters 142 to 156A in Title 40 of
the New Jersey Revised Statutes. 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. 40:55D-69, Zoning Board
of Adjustment; N.J.S.A. 40:55D-1, Planning Board. Other authority
to regulate the internal affairs of the Township is contained in N.J.S.A.
40:48-2.]
All legislative power of the Township shall be exercised by
the Township Committee pursuant to general law. The Township Committee,
in addition to such other powers and duties as may be conferred by
general law, may require any municipal officer to prepare and submit
sworn statements regarding his official duties and the performance
thereof and may investigate the conduct of any department, office
or agency of the municipal government.
The Township Committee shall organize annually on the first
day of January or during the first seven days of January, at which
time it shall elect from among its members a chairman who shall be
known as Mayor, and a vice chairman who, in the absence or disability
of the chairman, shall have the powers and duties of the chairman
and shall be known as deputy Mayor. The Mayor shall preside at meetings
of the Township Committee and perform such other duties as the Township
Committee may prescribe.
The Mayor shall have the power to make proclamations concerning
holidays and events of interest to the Township. He may from time
to time 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 and conferred upon
him by law.
a.
Pursuant to the provisions of N.J.S.A. 40A:63-6b(3), there is hereby
created the office of vice chairman of the Township Committee who
shall be known as deputy Mayor and shall be selected annually by a
majority of the Township Committee at its reorganization meeting.
b.
In the absence or disability of the Mayor, the deputy Mayor shall
have all the powers and duties of the Mayor as granted by this code
and by general law.
c.
Pursuant to and in accordance with N.J.S.A. 37:1-13, as amended,
the deputy Mayor shall have the power to solemnize marriages at any
time when authorized by the Mayor.
The Committee shall consist of three members, who shall hold
office for a term of three years, except as otherwise provided by
law for members first elected. Members of the Committee shall be elected
at large by the voters of the Township and shall serve for a term
of three years beginning on the first day of January next following
the election, except as provided by law.
Vacancies in the membership of the Township Committee shall
be filled in the manner provided by the Municipal Vacancy Law (N.J.S.A.
40A:16-1 et seq.).
a.
Reorganization meeting. The Committee shall organize annually during
the first week in January, at which time the Committee will take the
appropriate action provided by law.
b.
Regular meetings. The Township Committee shall hold such regular
meetings and such other meetings or adjourned meetings at such time
and place as they may direct by resolution. All regular meetings shall
be held within the Township.
c.
Special meetings. A special meeting may be called at any time upon
written request of a majority of the members of the Township Committee
pursuant to law.
d.
Emergency
meetings.
1.
Should the Mayor or a majority of the Committee determine that a
state of emergency exists which is of such urgency and importance
that the delay necessary to call a special meeting would be likely
to result in substantial harm to the public interest, the Mayor or
a majority of the Committee may call an emergency meeting.
2.
At the time and place of the emergency meeting, the meeting may proceed
upon the affirmative vote of two-thirds of the members present if:
e.
f.
All meetings of the Committee shall be open to the public, except
for executive sessions in circumstances set forth herein.
a.
The Township
Committee shall prepare and adopt an annual notice, setting forth
its regular meetings and work sessions, at its annual organization
meeting pursuant to the provisions of § 13, P.L. 1975, c. 231.
b.
At the
commencement of every regular meeting or work session, the presiding
officer shall announce and have placed in the minutes the appropriate
statement under law that the meeting is a regular meeting or a regular
work session of the public body provided for in the annual notice
adopted by said public body.
c.
Any annual
notice so adopted may, from time to time, be amended in the same manner
as its original adoption; provided, however, that the revision will
not be effective for any meeting to be held within less than 48 hours
of its distribution. When any regular meeting is adjourned to another
date, the same notice thereof shall be given, to the extent possible,
in compliance with the statutory requirement.
a.
Agenda. The agenda for each regular meeting of the Committee shall
be prepared by the Clerk and made available to the Committeemen at
least 72 hours prior to the opening of the meeting. Written notice
of changes in the agenda shall be made available to each committeeman
prior to the convening of a meeting. Additional copies of the agenda
shall be available to the public. Except for a matter which may be
added at any time with the approval of the Mayor, the agenda shall
include only such matters of Committee business as have been presented
or delivered to the Clerk not later than 72 hours prior to the start
of the meeting.
b.
Order of business. Promptly at the hour designated, all regular and
special meetings of the Committee shall commence. Unless otherwise
authorized by resolution of the Committee, all business coming before
the Committee shall be heard and voted on in the following order:
1.
Salute to flag.
2.
Quorum call.
3.
Approval of minutes of previous meeting.
4.
Written communications.
5.
Resolutions.
6.
Ordinances, first reading.
7.
Ordinances, second reading.
8.
Old business.
9.
New business.
10.
Reports of elected officials, department heads, Township officers
and official correspondence.
11.
Petitions of citizens and public discussion.
12.
An executive session(s) may also be conducted, as needed, at any
time during the meeting.
13.
Adjournment.
c.
Quorum call. At the opening of each meeting of the Committee, the
Clerk shall call the roll, and the names of those present shall be
recorded in the minutes. 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 one-half hour after the appointed time for any meeting,
those members present may declare the meeting adjourned.
d.
Voting. The vote upon every resolution or ordinance shall be taken
by roll call and the yeas and nays shall be entered upon the minutes.
e.
Distribution and reading of minutes: The Clerk shall, insofar as
is practicable, prepare and distribute to the Committee the minutes
of each meeting within 20 calendar days after the meeting in question.
The Clerk shall promptly post a copy of the approved minutes in a
public place in the municipal building and shall leave such copy posted
for 30 days.
f.
Committees.
Ad hoc committees of the Township Committee for legislative purposes
may from time to time be appointed by the Mayor pursuant to resolution.
g.
Nominations and appointments.
1.
Nominations to various subcommittee(s) of the Township Committee
and/or liaison assignments shall be made by the Mayor with advice
and consent of the Township Committee.
2.
Nominations/appointments by the Mayor will be considered by the Township
Committee as a whole and may be confirmed at the regular meeting at
which the nomination/appointment is submitted or at another meeting
of the Township Committee unless such nomination/appointment does
not need Township Committee consent as provided by law and/or Township
ordinance.
h.
Rules of debate.
1.
Except as otherwise specifically provided in these rules, the proceedings
of the Committee shall be governed by Robert's Rules of Order and
the Township Attorney shall serve as parliamentarian ex officio.
2.
The Mayor shall have all of the rights, powers and duties of Committeemen
as elsewhere provided within this code.
i.
Addressing Committee.
1.
Persons other than Committeemen may be permitted to address the Committee
in the proper order of business.
2.
Except upon consent of the Committee, each person addressing the
Committee pursuant to this section shall be required to limit his
remarks to five minutes and shall at no time engage in any personally
offensive or abusive remarks. The Mayor shall call any speaker to
order who violates any provision of this rule.
j.
Decorum. Any person who shall disturb the peace of the Committee,
make impertinent or slanderous remarks or conduct himself in a boisterous
manner while addressing the Committee shall be forthwith barred by
the presiding officer from further audience before the Committee,
except that if the speaker shall submit to proper order under these
rules, permission for him to continue may be granted by majority vote
of Committee.
k.
Filing of reports, petitions, resolutions and ordinances. All reports
to the Committee and all resolutions and ordinance and all petitions
shall be filed with the Clerk and referenced in the minutes of the
Committee.
l.
Adjournment. A motion to adjourn shall always be in order and shall
be decided without debate.
a.
Preparation. All ordinances and resolutions shall either be prepared
by the Township Attorney or reviewed by him prior to introduction.
b.
Introduction.
1.
An ordinance or resolution may be introduced by any member of the
Committee. Each ordinance or resolution shall be introduced in written
or typewritten form and shall be read and considered as provided by
general law.
2.
All ordinances and resolutions shall require an affirmative vote
from a majority of the Committee for adoption unless specified otherwise.
c.
Publication.
1.
After introduction and passage at first reading, each ordinance shall
be published in accordance with general law.
2.
An ordinance may incorporate by reference any standard technical
regulations or code, official or unofficial, which need not be so
published so long as no more than two copies of such regulations or
code have been placed on file with the Township Clerk for examination
by the public for the period in which said ordinance is in effect.
d.
Second reading and public hearing.
1.
At the time and place so stated in the publication, or at any time
and place to which the meeting for the further consideration of the
ordinance shall from time to time be adjourned, all persons interested
shall be given an opportunity to be heard concerning the ordinance.
The opportunity to be heard shall include the right to ask pertinent
questions concerning the ordinance by any resident or any other person
affected by the ordinance. Final passage thereof shall be at least
ten days after the second reading.
2.
Upon the opening of the hearing, the ordinance shall be given a second
reading, which reading may be by title, and thereafter it may be passed
with or without minor amendments or rejected. Prior to said second
reading, a copy of the ordinance shall be posted on the bulletin board
or other place upon which public notices are customarily posted in
the principal municipal building, and copies of the ordinance shall
be made available to members of the general public who shall request
such copies. If any amendment is adopted which substantially alters
the substance of the ordinance, the ordinance as so amended shall
not be finally adopted except by law.
3.
Upon passage, every ordinance, title, together with a notice of the
date of passage or approval shall be published in accordance with
general law.
e.
Compilation. The Township Clerk shall record all ordinances and resolutions
adopted by the Committee and, at the close of each year, with the
advice and assistance of the Township Attorney, shall bind, compile
and/or codify all the ordinances or true copies thereof of the municipality
which then remain in effect. The Township Clerk shall also properly
index the minutes books, and compile all resolutions.
The following procedures shall be implemented for the approval
and timely payment of vouchers, signing checks, and payments to not-for-profit
entities. The following procedures shall be followed prior to the
signing of any check:
a.
No elected official of the Township of Hardwick shall sign any check
made payable to themselves or their relatives.
b.
After each Township meeting, the chief financial officer shall compile
a list of all vouchers paid and the checks issued thereon.
c.
The Township Committee shall annually authorize specific department
personnel to initial vouchers for goods and/or services provided to
that department.
d.
Each voucher shall be submitted at least five working days prior
to the Township meeting to be eligible for payment. Monies required
by law to be collected on behalf of other government entities shall
be exempt.
e.
Not-for-profit institutions that are included in the municipal budget
shall not be entitled to the payment of vouchers until submission
of organizational papers including, but not limited to, minutes, bylaws,
tax identification number and internal revenue service status.
Not-for-profit institutions shall include foundations, associations
and various service organizations as well as institutions with a 501(c)(3)
nonprofit designation.
f.
No funds shall be included in the municipal budget for a not-for-profit
institution unless its annual audit for the preceding year is provided
to the Township for its review.
g.
Fire departments and first aid and rescue squads shall be exempted
from the requirements in paragraphs e and f.
[1]
Editor's Note: Prior ordinance history: Ordinance of 5/15/78,
Ordinances Nos. 5-81, 4-87, 92-9, 92-11, 92-12, 93/3, 2007-02.
[Ord. No. 2014-02]
a.
Creation of Court. There has been created a Joint Municipal Court
consisting of the following members: the Township of Hope, the Township
of Liberty, the Township of Hardwick, the Township of Blairstown,
and the Township of White, all located in Warren County. The Court
was created by the Shared Services Agreement between the aforesaid
municipalities, subject to the terms thereof, and shall have an effective
date of September 1, 2014.
b.
Name of Court. The name of the Joint Municipal Court shall be the
Municipal Court of North Warren at Hope.
c.
Effective Date. The effective date for the creation of the Municipal
Court of North Warren at Hope shall remain September 1, 2014.
d.
Jurisdiction. The Joint Municipal Court will have such jurisdiction
as is now, or will hereafter be conferred upon it by the laws and
court rules of the State of New Jersey, and the practice and procedure
of the Court shall be governed by the laws in such case made and provided
in such rules as the Supreme Court will promulgate and make applicable
to the Court.
[Ord. No. 2014-02]
a.
There shall be a municipal judge appointed as provided by law in
the case of a joint municipal court. A municipal judge shall serve
for a term of three years from the date of appointment and until a
successor shall be appointed and qualified.
b.
The municipal judge shall have and possess the qualifications and
shall have, possess and exercise all of the functions, duties, powers
and jurisdiction conferred by law or ordinance. He/she shall be an
attorney at law of the State of New Jersey. The municipal judge shall
comply with the Vicinage XIII Municipal Judge Rotation Protocol as
per the Vicinage Assignment Judge for all times the municipal judge
is unable to sit as such. Any such designation shall be in writing
and filed with the court, and any person so designated, while sitting
temporarily, shall possess all of the powers of the municipal judge.
c.
The municipal judge shall faithfully carry out all of the duties
and responsibilities of a municipal judge and shall abide by all rules
and regulations established for municipal court judges by the Judiciary.
d.
The municipal court judge shall have full management and authority
of court operations excluding the hiring and termination of all court
personnel, and for the establishment, pursuant to New Jersey Court
Rule 1:30-3, the municipal court sessions and violations bureau hours.
[Ord. No. 2014-02]
a.
Municipal Prosecutor.
There shall be a municipal prosecutor of the municipal court
who shall prosecute cases in the municipal court, except each member,
at its discretion, may appoint its own prosecutor for municipal or
board of health ordinance violation cases at the sole cost of that
member. The municipal prosecutor shall be appointed for a one (1)
year term by the Township of Hope. The compensation of the municipal
prosecutor shall be determined by the Township of Hope.
b.
Municipal Court Administrator.
There shall be an administrator of the municipal court who shall
perform the functions and duties prescribed for the administrator
by law, by the rules applicable to municipal courts and by the municipal
judge. The administrator shall be appointed in accordance with New
Jersey Court Rule 1:34-3 by the Township of Hope for a term of one
(1) year, subject however, to the tenure provisions as set forth in
New Jersey Statute 2A:8-13.3, and considered an employee of the Township
of Hope. The compensation of the administrator shall be determined
by the Township of Hope. The municipal court administrator shall have
the authority granted by law and the Rules of Court to administrators
and clerks of courts of record. The administrator's duty shall include,
but not be limited to:
1.
Carrying out the rules, regulations, policies and procedures relating
to the operation of the court.
2.
Interviewing and speaking to persons wishing to file criminal or
quasi-criminal complaints or wishing information in this regard.
3.
Receiving complaints and dispensing information relating to court
matters.
4.
Maintaining the financial records of the court, including receiving
and accounting for fines and costs.
5.
Attending court; recording pleas, judgments and dispositions; arranging
trial calendars; signing court documents; preparing and issuing warrants
and commitments and other court-related documents.
6.
Maintaining and classifying records and files of the court.
7.
Maintaining, forwarding, receiving and reporting such records, reports
and files as required by the appropriate agencies.
8.
Carrying out such additional duties as may be required in order to
fulfill the duties of court administrator.
c.
Public Defender.[1]
There shall be a municipal public defender who shall represent
those defendants assigned by the municipal court judge. The municipal
public defender shall be appointed for a one year term by the Township
of Hope. Compensation of the public defender shall be determined by
the Township of Hope.
d.
Deputy Municipal Court Administrator.
There may be one or more deputy administrators of the municipal
court who shall be appointed by the Township of Hope, provided that
funds are provided for such purpose in the municipal court budget.
Deputy municipal court administrator shall perform the functions assigned
to them by the municipal judge and the municipal court administrator.
Any appointment pursuant to this section shall be made in accordance
with New Jersey Court Rule 1:34-3.
e.
Necessary Clerical and Other Assistants.
There may be appointed such other necessary clerical and other
assistants for the municipal court as is necessary for the efficient
operation of the municipal court. The Township of Hope shall appoint
such clerical and other assistants.
f.
Auditor.
The auditor for the Township of Hope shall act as the auditor
for the Municipal Court of North Warren at Hope. The auditor shall
perform a yearly audit of the municipal court, which audit shall be
prepared generally in accordance with the requirements of the Local
Fiscal Affairs Law, N.J.S.A. 4A:5-1 et seq. A copy of the complete
audit shall be supplied to each participating municipality by September
1 of each year.
[Ord. No. 2014-02]
a.
Withdrawal by Member.
Any member of the joint municipal court may withdraw at the
end of a next calendar year; provided, however, that on or before
July 1 the member has given the Municipal Court of North Warren at
Hope and each member thereof six months' written notice of its intention
to withdraw. The withdrawing member shall remain responsible for its
share (based upon the format established in the Shared Services Agreement)
of all court expenses through the date of withdrawing member's actual
physical departure from the Joint Court's facility.
b.
Inclusion of Members.
The members of the Municipal Court of North Warren at Hope may
be expanded by the admission of new members. The admission of new
members will take place after the Mayor and Municipal Clerk of Hope
Township interview the municipality seeking admission and present
to the then existing members of the Joint Municipal Court of North
Warren at Hope their recommendations, along with an audit of the three
most recent years of the applying municipality's existing court expenses
and revenues, and any other information they feel relevant to the
admission application. Admission shall be granted upon an affirmative
vote of the majority of the then existing members of the Joint Municipal
Court of North Warren at Hope. (By way of example: if there are three
members of the municipal court, two must vote in favor of the admission).
The municipality granted admission to the Joint Municipal Court of
North Warren at Hope must adopt a resolution accepting membership
and authorizing the execution of the Interlocal Services Agreement.
The Interlocal Services Agreement shall be amended as necessary to
revise the formula for the allocation of the court's budget between
the members.
[Ord. No. 2014-02]
The municipal judge shall prepare or have prepared a budget
for the municipal court which shall be submitted to the governing
body of the Township of Hope by November 1 of each year. The budget
shall set forth, based on income and expenses for the prior twelve-month
period ending September 30th, an estimate of all expenses and revenues
for the upcoming calendar year, and shall be in a form that is consistent
with municipal budgets. The proposed budget shall be circulated by
the Township of Hope to the governing body of every other participating
municipality.
[Ord. No. 2014-02]
Insurance coverage and/or bond shall be obtained that protects
the joint municipal court and its personnel from claims against them
arising out of worker's compensation, bodily injury, property damage,
personal injury, civil rights violations or defalcations by court
personnel and such coverage as may be necessary, which claims arise
in whole or in part from participating members' cases. The coverage
may be provided through policies issued to the members and/or through
separate policies issued to the joint municipal court.
[Ord. No. 2014-02]
Improvements to the existing court facility that are required to render the court facility in compliance with state and/or assignment judge mandates shall be undertaken as soon as possible, and the cost for said improvement shall be shared equally by all five municipalities. All other expenses for administering the joint municipal court, including salaries for the judge and court personnel, and costs of materials and equipment for the court, will be shared by all five municipalities in accordance with Subsection 2-2.7 of the enabling ordinance:
a.
The legally permitted municipal share of all fines, assessments,
costs or other charges collected by the court (hereinafter "Municipal
Income") shall be forwarded monthly to Hope Township and credited
to the court account and applied to the expenses of maintaining and
operating the court. The court administration shall simultaneously
submit a monthly summary of all income and disbursements to each municipality.
b.
All other received fines, assessments, court costs and other charges,
shall be distributed as required by law.
c.
To the extent that the annual expenses necessary to maintain and
operate the court are the greater or lesser than the Municipal Income
received, they shall be allocated among these members pursuant to
the following formula: The percentage share of each municipality shall
be a total of the fines divided by the amount of the fine generated
by that municipality.
d.
Each municipality shall pay monthly to Hope Township its estimated share of anticipated deficit as established by the budget described in Subsection 2-2.5 of the Code of the Township of Hope.
e.
On or about February 1 of each year, Hope Township shall submit to
each municipality a final accounting for the prior fiscal/calendar
year with any credit due to be applied to future contributions.
[Ord. No. 2014-02]
The governing bodies of the Township of Hope, the Township of
Liberty, the Township of Blairstown, the Township of Hardwick and
the Township of White are hereby authorized to enter into a contract
with each other embodying the provisions of this section pursuant
to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1,
et seq., in accordance with the terms of the Act. In the event of
any discrepancy between this section and said Act, including any amendments
thereto, the Act shall take precedence.
N.J.S.A. 40A:11-1-10 authorizes the governing bodies of two
or more contracting units as defined in N.J.S. 40:A-11-2(1) within
the same county, or adjoining counties, to provide by joint agreement
by ordinance for the purchase of work, materials and supplies for
use by their respective units, and the Township Committee of the Township
of Hardwick finds that substantial savings may be effected by engaging
in such a joint purchasing program, and the Townships of Allamuchy,
Belvidere, Blairstown, Frelinghuysen, Hardwick, Hope, Independence,
Knowlton, Liberty, Pahaquarry, and White have already expressed an
interest in providing for cooperative purchasing of certain materials
and supplies.
A cooperative joint purchasing program is hereby authorized,
until thereafter amended, pursuant to the authority of N.J.S. 40A:11-10,
et seq. between the Township of Hardwick and other participating authorized
contracting units.
Materials and items to be purchased shall include materials
and supplies for maintenance, construction, repair, cleaning and snow
removal of roads and associated drainage structures and other structures;
materials and supplies for the maintenance, repair and operation,
fueling of vehicles; materials, supplies for the maintenance, preservation
and repair of public buildings and structures.
A single advertisement for bids for the materials to be purchased
shall be placed on behalf of all the participants agreeing to purchase
any item by one party of the program selected by said participants
in said agreement, cost of advertising for the bids shall be shared
equally among the parties.
The party selected to advertise for bids shall receive the bids
on behalf of all of the participants. Following the receipt of bids,
the said selected party shall, after review of the bids with the other
participants, make one award to the lowest responsible bidder for
each separate item on behalf of all of the participating agencies.
The bid sureties shall be posted to and retained by the designated
receiving participant until authorized to release same by all interested
participants.
After the award of bids each agency shall order materials when
needed in the quantities required. Successful bidders shall bill the
agencies separately for materials received and payments shall be made
directly to the bidder by each agency. No participant in the program
shall be responsible for payment of any other participating municipality.
A separate agreement providing the detailed procedures for the
administration of the cooperation joint purchasing program shall be
executed by each of the participating municipalities. The Mayor and
Clerk of the Township of Hardwick are hereby authorized and empowered
to execute on behalf of the Township of Hardwick the agreements with
other participating contracting units upon approval of the Township
Committee.
This section was originally adopted on May 15, 1978 and shall
remain in full force and effect until amended by ordinance or resolution
of the Township Committee.
b.
All
copies must be accounted for when requesting the original purchase.
The Voucher (#3) shall be forwarded to the Treasurer prior to payment
for approval.
c.
1.
The person
originating the purchase shall prepare all copies legibly with the
name of the supplier, description of item or service, date of delivery,
requested items and amount.
2.
If a firm price is not available a realistic estimate shall be filed.
In the case of repairs, a vendor shall not proceed without price approval.
3.
All purchase orders shall be returned to the Treasurer for review
except order.
4.
If ordered material or services are not received in a reasonable
time, the department head shall notify the Treasurer.
5.
The Treasurer shall keep purchase orders (copies #2 & #3) in
a numerical and alphabetical file, respectively.
6.
No voucher shall be paid without prior approval of purchase order,
unless declared an emergency, in accordance with health and safety
provisions of the municipality.
7.
If the money is not available the purchase order shall be withheld
by the Treasurer and reviewed by the Mayor and Committee.
8.
The Treasurer shall certify that each bill is in order and is mathematically
correct and that the funds are available.
9.
All billing forms shall be available for the finance Committee during
regular working hours.
10.
The finance Committee shall approve all vouchers to be paid. Two
members of the finance Committee shall approve each voucher by affixing
their signature. The finance Committee shall inspect all vouchers
prior to approval.
11.
The Mayor, Clerk and Treasurer shall sign all checks approved by
the Committee, determining if the checks being signed match the voucher
list.
12.
No voucher or purchase order shall be removed from the orderly process
prescribed by this section.
12A.
No voucher or purchase order or its copies once received
by the Treasurer shall be removed from Treasurer's office except for
the orderly process of this section.
13.
A resolution shall be duly adopted by roll call vote, at the regular
or special meeting of the Mayor and Committee approving the bills
to be paid.
14.
All checks shall be promptly signed by the Mayor, Treasurer, and
Clerk. Such checks shall be mailed the next regular working day to
the vendors by the Treasurer's office.
15.
Upon receipt of the approved voucher list the Treasurer shall make
proper entries in the cash disbursement books and also enter in the
commitment ledger on the line of entry of each order the date paid
and check number.
16.
At least monthly, the Township Treasurer shall prepare a statement
of statutory budget and ordinance appropriations setting forth the
amount appropriate disbursed to date, unpaid orders and the resulting
uncommitted balance.
17.
All vouchers shall be submitted to the Treasurer's office by the
first of each month.
18.
Plain white vouchers shall be used for professional fees, petty cash,
travel expenses and postage.
19.
This section shall take effect immediately upon final adoption according
to law.
The purpose of this section is to establish procedures for the
issuance of certifications as to whether or not properties in the
Township are located in special flood hazard areas as required under
the Flood Disaster Protection Act of 1973, P.L. 93-234, National Flood
Insurance Program.
The Township Clerk shall be the designated official who shall issue the certification as set forth in Subsection 2-5.1 upon receipt of written application setting forth the name and address of the property owner of record, lot and block number and a fee of five ($5.00) dollars.
The certification shall be based upon the Housing and Urban
Development Federal Insurance Administration's latest Flood Hazard
Boundary Map and the Township or its officers assumes no responsibility
whatsoever for the accuracy of the maps.
[Ord. #92-5, S1]
a.
Pursuant
to the provisions of law, there is hereby created a position of tax
collector, who shall be known as the Tax Collector of Hardwick Township
and who shall hold office for a term of four years from the first
day of January following his or her appointment; provided, however,
that vacancies other than due to expiration of term shall be filled
by appointment for the unexpired term only and all qualifications,
rights and entitlement shall be prescribed by general law.
b.
The
tax collector shall possess all the powers and duties established
by law. He or she shall enter in suitable books to be kept for that
purpose the sums received by him or her each day for taxes, with the
names of the persons on whose account the same have been paid; shall
keep a record and account of the finances of the Township; and shall,
within 60 days after the end of the fiscal year or when otherwise
required by the Township Committee, make and furnish a report thereof,
with a detailed and true statement of all monies received by him or
her and disbursed therefrom and for what purposes from the commencement
of his or her official year to the date of his or her report or for
such period as the Township Committee may require a list of delinquent
taxpayers for the previous year. His or her report shall include a
comparison table showing receipts for the same period for the prior
year. He or she shall file the report with two copies of the statement
and list of delinquents with the Clerk within the time hereinabove
specified or when otherwise required by the Township Committee. He
or she shall, as necessary and as directed, arrange for sales of real
estate for delinquent taxes and shall submit a report of all tax sales
to the Township Committee.
c.
Work
all hours and days as assigned by the Township Committee, by resolution,
in the municipal building and/or other place as so designated by the
Township Committee.
d.
The
tax collector shall submit timely monthly reports to the chief municipal
finance officer, with copies of such to the Township Committee pursuant
to law.
e.
The
tax collector shall be responsible for insuring prompt notification
of tax payments and take the necessary steps to obtain such.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 1-85 and 2/89.
[Ord. No. 2017-08]
The Township Committee may appoint a Deputy Tax Collector at
any time necessary, not to exceed one calendar year. The Deputy Tax
Collector shall assist the Tax Collector in the performance of the
duties of that office and shall act under the direction of the Tax
Collector. The Deputy Tax Collector shall receive such compensation
as the Township Committee may provide within the range of $2,000 to
$4,000 per year.
[Ord. #2013-06]
An environmental Committee is hereby established within the
Township of Hardwick for the sole purpose of advising the Township
Committee on issues of environmental concern to the residents of the
Township related to the natural resources which are under the custody
and control of the Township, or items which may impact such natural
resources. The Committee shall be completely advisory in nature, and
report solely to the Township Committee on the issues assigned to
it by the Township Committee.
[Ord. #2013-06]
The environmental Committee shall consist of three public members,
which members may be selected from the planning board. The Mayor shall
appoint all members, one of whom the Mayor shall designate as chair.
All such appointments shall be done by resolution of the Township
Committee at an open public meeting on an annual basis.
[Ord. #2013-06]
Public members appointed to the environmental Committee shall
serve a term of one year or portion thereof unless sooner removed
by the Mayor, with or without cause. However, in no event shall any
appointment to the environmental Committee last any longer than the
next annual organizational meeting of the Township Committee of the
Township of Hardwick, provided that such person may be annually reappointed.
The environmental Committee shall meet at least once per quarter as
needed and shall report at least annually to the Township Committee.
The first such annual report shall be provided at the first meeting
of the Township Committee in December 2013, and then annually at such
first December meeting thereafter for the life of the Committee. The
Committee shall also report when requested to do so by the Township
Committee.
[Ord. #2013-06]
The sole duty of the environmental Committee and its members
shall be to advise the Township Committee of the Township of Hardwick
regarding issues of environmental concern within the Township. The
environmental Committee and its members shall also report to the Township
Committee upon issues of environmental concern when requested by the
Township Committee to do so. However, the environmental Committee
and its members shall have no power to take any action on behalf of
the Township of Hardwick, or to take any other action, other than
what is set forth within this subsection.
[Ordinance history: Ord. No. 5-85 and 6/90]
It is the express intention and purpose of the Township Committee
that the environmental Committee shall provide a place for environmental
issues concerning the natural resources within the custody and control
of the Township, or items which may impact such natural resources,
to be discussed until such time as the Township Committee takes formal
action on any issue.
Note: The Environmental Commission of the Township of Hardwick
previously established and codified herein is hereby deemed eliminated
and dissolved, and all offices and membership in same which have been
created are hereby revoked and dissolved. Any authority or power any
person, or persons, had or was otherwise authorized by the existence
of the environmental commission is hereby revoked. Any and all funds
held by the environmental commission, barring any legal limitations,
shall be immediately turned over by the Treasurer of the environmental
commission to the chief financial officer of the Township, and the
chief financial officer shall place such funds in the general fund
of the Township.
For the purposes of this chapter, unless the context clearly
indicates a different meaning:
Shall mean a present or former municipal employee, appointee,
official, elected official or member of the various boards, agencies
and commissions of the Township of Hardwick whether full or part time,
appointed, elected or hired.
Pursuant to the provisions of N.J.S.A. 59:10-1 et seq. and subject
to the provisions of this chapter, the Township of Hardwick is authorized
to provide for the defense of actions brought against its municipal
officials and shall indemnify such officials to the extent permissible
by law and hereinafter set forth and shall save harmless and protect
such persons from financial loss resulting from litigation. Such indemnification
shall arise out of any action or legal proceeding of a non-criminal
nature directly related, or incidental to, the performance of the
duties of the position or office held by such municipal official.
The Township of Hardwick may indemnify an employee for exemplary or
punitive damages resulting from the employee's civil violation of
state or federal law, if, in the opinion of the Committee of the Township
of Hardwick, the acts committed by the employee upon which damages
are based did not constitute actual fraud, actual malice, willful
misconduct or an intentional wrong.
The municipal official shall not be entitled to indemnification
or reimbursement pursuant to this chapter unless within ten calendar
days of the time such official is served with any summons, complaint,
process, notice, demand or pleading, the official delivers the original
or a copy thereof to the Township Attorney. The municipal official
shall be obliged to cooperate with the Township in the conduct of
the official's defense. Whenever competent and disinterested legal
counsel is available to the Township through any insurance coverage,
the municipal official shall be obliged to be represented by such
counsel. If the Township wishes to use the Township Attorney or the
attorney for any board or Committee of the Township to defend that
action, the municipal official shall be obligated to be represented
by that attorney unless there is a conflict of interest. The refusal
of the municipal official to cooperate with the Township shall terminate
the Township's obligation to reimburse the municipal official.
If the Township Committee determines to provide a defense as
authorized by this chapter, it may do so by:
a.
Hiring an attorney of its choice; or
b.
Reimbursing the municipal official for reasonable attorney's fees
and costs incurred in connection with the defense of the act.
|
A resolution shall be adopted appointing counsel for the defense
and determining counsel fees. The hourly rate shall not exceed the
then rate paid to the Township Attorney without a written resolution
of the Committee.
|
|
Nothing in this section shall preclude the Township and/or Township
Attorney from demanding and reviewing periodically any costs and attorney's
fees in connection with the defense of the municipal official. In
the event a dispute over attorney's fees arises, the Township reserves
the right to submit the dispute to the fee arbitration Committee of
the district or pursue any other course of legal action.
|
The Township shall not be obligated to provide reimbursement
in the following instances:
a.
Where the act or omission was not within the scope of employment
or authority;
b.
Where the act or omission complained of was because of actual fraud,
willful misconduct or actual malice;
c.
Where the legal proceeding is instigated or brought by the Township
of Hardwick against the municipal official;
d.
Where the legal proceeding involves a question concerning the election
laws;
e.
Where the action is brought against the Township by the municipal
official.
|
If any such legal proceeding shall be dismissed or finally determined
in favor of the municipal official or employee, the official or employee
shall be reimbursed for the expense of the defense providing (a) the
employee proves that the act or omission was within the scope of employment
or authority and (b) the Township fails to prove the act or omission
complained of was because of actual fraud, willful misconduct or actual
malice.
|
The amount the Township is obliged to reimburse the municipal
official shall be reduced by any insurance coverage payable to the
municipal official by the net amount (that is, any recovery less attorneys'
fees, disbursements and court costs), of any money received by the
municipal official in any counteraction against the person or persons
bringing the action against him.
If the legal proceeding is terminated by an agreement among
or between the parties, then the Township shall not be obligated to
reimburse the municipal official unless the Township approves the
settlement agreement.
If the municipal official files a counteraction in the legal
proceedings, the Township shall not be obligated to reimburse for
any attorneys' fees or court costs attributable to such counteraction.
The obligation of the Township to reimburse a municipal official
for expenses shall arise upon final determination of the legal proceedings.
In its discretion the Township may reimburse a municipal official
for a portion of expenses incurred prior to a final decision.
To the extent N.J.S.A. 40A:14-155 provides indemnification to
members of a police department, that statute shall supersede this
chapter.
This chapter shall take effect upon final passage and publication
according to law. Any legal proceeding which may be covered by this
chapter which has not been reduced to a final judgment as of the date
of passage shall be covered by the terms of this chapter.
The Township Clerk shall be appointed by the Township Committee.
The term of office shall be three years, which shall run from the
date of appointment. No person shall be Township Clerk, unless that
person meets all of the qualifications and requirements set forth
in N.J.S.A. 40A:9-133.2 and 40A:9-133.3. No person shall continue
and/or serve as Township Clerk unless that person holds a Registered
Municipal Clerk certificate as required by N.J.S.A. 40A:9-133.6. The
Township Clerk shall obtain tenure as set forth in N.J.S.A. 40A:9-133
et seq. The Township Clerk shall be generally governed by the parameters
of state statute and Township ordinances/resolutions. The removal
of the Township Clerk shall be pursuant to law.
a.
The Clerk shall serve as Clerk of the Township Committee. He or she
shall attend and keep the minutes of all meetings of the Committee,
unless expressly excused by a majority of the Committee, and the minutes
shall be signed by the Clerk.
b.
The Clerk shall place in the Township files all ordinances of a permanent
character in books to be provided for that purpose. Each ordinance
so recorded shall be signed by the Clerk, who shall attest that it
was fully adopted upon a date stated and when so signed, the recorded
copy shall be deemed to be a public record of the ordinance. Any omission
by the Clerk to sign or certify shall not impair or affect the validity
of any ordinance which has been duly adopted.
c.
The Clerk shall have custody of and safely keep all records, books
and documents of the Township, except those committed by ordinance
to any other office or transferred thereto by the Township Committee.
He or she shall, on request and the payment of the fees prescribed
therefor by resolution of the Township Committee, furnish a copy of
any Township paper in his or her custody and, if necessary, under
the corporate seal of the Township.
d.
The Clerk shall cause the corporate seal of the Township to be affixed
to instruments and writings when authorized by ordinance or resolution
of the Township Committee or when necessary to exemplify any document
or record in his or her office or to certify any act or paper from
which the records in his or her office shall appear to have been a
public act of the Township or a public document. He or she shall not
affix the seal or cause or permit it to be affixed to any other instrument,
writing or other paper unless required by law or ordinance.
e.
The Clerk, subject to the supervision of the Township Committee and
in addition to all other duties set forth herein and/or set forth
in general law and other Township ordinances shall:
1.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except the Clerk's own
bond, which shall be placed in the custody of the municipal Treasurer
or chief municipal finance officer, whichever is applicable; of all
insurance policies upon or with respect to risks insured for the benefit
of the Township or to protect it against any claim, demand or liability
whatsoever; and all formal contracts for work, labor, services, supplies,
equipment and materials to which the Township may be a party.
2.
Have custody of all leases of property owned by the Township.
3.
Report to the Township Committee annually or at such other times
as it may require, on the coverage, expiration date and premium of
each surety bond, contract of insurance and performance guaranty;
the nature and terms of outstanding leases, the rent received by each
and their respective expiration dates.
4.
Issue licenses, i.e., liquor, bingo and raffles, peddler, etc.
5.
Work all hours and days as assigned by the Township Committee by
resolution in the municipal building or other place as so designated
by the Township Committee.
6.
Be available by telephone and/or other forms of communication equipment
when needed by the Township Committee, any member thereof, or any
employee of the Township.
7.
Be available to residents of the Township of Hardwick; act in a responsible
and professional manner to all inquiries on a timely basis.
f.
The Clerk shall maintain a current compilation of all administrative
rules and regulations, which shall be available for public inspection
in his or her office during business hours. No rule or general regulation
made by any department, officer, agency or authority of the Township,
except such as relates to the organization of internal management
of the Township government or a part thereof, shall take effect until
it is filed with the Clerk.
g.
The Clerk shall have the power to administer oaths in all matters
concerning Township business.
h.
In addition to such other functions, powers and duties as may be
prescribed by ordinance and subject to the supervision and direction
of the Township Committee, the Clerk shall:
1.
Perform all functions required by Township clerks by the General
Election Law (Title 19 of the New Jersey Statutes) and any other law
or ordinance.
2.
Administer the provisions of Township ordinances which licenses are
required to be obtained from the Clerk.
3.
Make municipal improvement (assessment) searches.
4.
Have such other different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to the Clerk
by the Township Committee.
The Township Committee may appoint a deputy Township Clerk for
any period of time necessary, not to exceed one calendar year. The
deputy Township Clerk, at the time of appointment, must either have
an RMC or be attending classes in the pursuance of an RMC. The deputy
Township Clerk shall have all the powers and perform all the duties
of the Township Clerk during such specific period(s) of time as the
Clerk is absent or disabled, as determined by the Township Committee.
He or she shall assist the Township Clerk, in the performance of his
duties separate and apart from the conditions herein, as the Township
Committee may from time to time prescribe.
There shall be a chief municipal finance officer (CMFO) of the
Township, appointed by the Township Committee for a four year term
with qualifications pursuant to law. The CMFO may, but need not, be
a person who is also employed by the Township in another capacity.
The CMFO's duties shall carry out all the duties and responsibilities
as set forth pursuant to general law and Township ordinances, including,
but not limited to the following:
a.
Compile monthly and quarterly operating expenditures report.
b.
Collect and review cash flow information along with cur-rent expenditure
needs to develop a cash management program for the Township as provided
by law. Prepare a quarterly report of investments indicating interest
earned.
c.
Inform departments and the Township Committee of appropriation balances.
d.
Make disbursements in payment of bills and demands shall be made by the CMFO upon his or her pre-audit and approval by the Township Committee. Every warrant shall be in the form of a warrant-check payable to the order of the person entitled to receive it and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant-check shall be prepared by the CMFO and shall bear a minimum of three of the following signatures: Mayor, Township Clerk, CMFO, Treasurer. All claims and demands shall be in accordance with section 2-4.
e.
Be the depository for and have custody of all performance guarantees
running to the Township as obligee or any other form of security given
by any contractor, subdivision developer or other person on account
of work done or to be done in or for the Township.
f.
Work all hours and days as assigned by the Township Committee, by
resolution, in the municipal building and/or other place as so designated
by the Township Committee.
a.
There is hereby created the position of municipal Treasurer, who
shall be known as the Treasurer of Hardwick, which may be filled by
the Township Committee by resolution, in its discretion, subject to
law.
b.
The Treasurer shall be responsible for the general financial record
keeping of the Township, as directed by the Township Committee, in
accordance with the requirements of law and the regulations promulgated
by the Director of the Division of Local Government Services.
c.
Work all hours and days as assigned by the Township Committee, by
resolution, in the municipal building and/or other place as so designated
by the Township Committee.
a.
Pursuant to law, there is hereby created the position of municipal
tax assessor, who shall be known as the Tax Assessor of Hardwick Township
and who shall hold office for a term of four years from the first
day of July next following his or her appointment. Vacancies other
than due to expiration of term shall be filled by appointment only
for the unexpired term.
b.
The municipal tax assessor shall hold a tax assessor's certificate
provided for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty
of assessing property for the purpose of general taxation.
c.
The municipal tax assessor shall:
1.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a municipal assessor.
2.
Make assessments for benefits for local improvements and for that
purpose have and exercise the powers and duties of a board of assessment
for local improvement as provided by law.
3.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
4.
Maintain a current tax map of the 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.
5.
Report to the Township Committee as to equalization proceedings and
other matters involving the county tax board and tax court and make
recommendations as to action to be taken in that regard.
6.
Work all hours and days as assigned by the Township Committee, by
resolution, in the municipal building and/or other work place as so
designated by the Township Committee.
a.
The Township Road Department, subject to the control of the Township
Committee or designee shall take charge of and be responsible for
the preservation, operation and maintenance of all public streets,
roads, public buildings, vehicles, equipment and such other public
facilities as may be assigned; the cutting and clearing of brush,
mowing of grass, removal of snow and, all other duties as may be assigned.
b.
The Township Committee, may, by resolution, make rules and regulations
necessary for the proper regulation of the road department and these
shall be known as the "Rules and Regulations Governing the Road Department"
and shall be binding on each employee of the department.
c.
Creation of positions. There is hereby created the following positions
within the department of public works:
1.
Assistant public works manager — Assists the public works manager;
under direction of the Township Committee, performs administrative
and supervisory duties in planning and organizing the installation,
maintenance, and repair of various public works facilities; does other
related duties as required.
2.
Road supervisor — Under direction of the Township Committee,
supervises and works with a group of employees engaged in the maintenance,
repair, resurfacing, and/or construction of roads within the Township;
does related work.
3.
Equipment operator/laborer — Under direction of the Township
Committee, operates one or more types of gasoline or diesel powered
equipment to perform the more complex and demanding assignments to
fine grade slopes, inclines, ramps, curves, and excavations by scrapping,
scooping, rolling, lifting, or leveling on all types of terrain; works
to fine specifications from grade stakes set by survey party; inspects
machinery daily and reports unsafe conditions; services and makes
minor emergency repairs to equipment in garage or field; may occasionally
perform a variety of manual or unskilled tasks; does other related
duties as required;
4.
Laborer — Under direction of the Township Committee, performs
varied types of work involved in the repair, installation and maintenance
of roads and various Township facilities, traffic signs and traffic
lines; does other related duties as required.
d.
General powers and responsibilities. Additional duties of the assistant
public works manager, road supervisor, equipment operator/laborer
and laborer shall be set by the Township Committee.
The financial business of the Township shall be handled by the
Finance Committee consisting of the Chief Municipal Financial Officer,
the Treasurer (who may be the chief municipal financial officer) and
one member of the Township Committee; this Committee shall be subject
to oversight and ultimate approval of the Township Committee.
a.
There shall be a Township Engineer appointed by the Township Committee
for a term as prescribed by law. The Township Engineer shall receive
such compensation as may be agreed upon and determined by the Township
Committee. He or she shall be a duly licensed professional engineer
in the State of New Jersey.
b.
The engineer shall perform the duties prescribed by general law and
Township ordinance. He shall, as directed by the Township Committee:
1.
Prepare or cause to be prepared plans, designs and specifications
for public works, roads, and improvements undertaken by the Township,
either on force account or by public contract.
2.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned and/or operated
by the Township.
3.
Provide technical and engineering advice and assistance to the road
department, Township Committee, Planning Board and Zoning Board as
needed.
4.
Upon the termination of his/her service with the Township, surrender
all papers, documents, memoranda, reports and other materials relating
to the administration of his/her engineering duties.
c.
The Township Engineer shall be compensated pursuant to an approved
professional services agreement, as well as any other terms and conditions
of employment related to said position. Said professional services
agreement shall be approved by the Township Committee.
a.
The Township Attorney shall be appointed by the Township Committee
for a term as prescribed by law. The Township Attorney shall receive
such correspondence as may be agreed upon and determined by the Township
Committee. The attorney shall be an attorney at law in the State of
New Jersey.
b.
The attorney shall give legal counsel and advice required by the
Township Committee or any member thereof and shall, in general, serve
as the legal advisor to the Township Committee on all matters of Township
business. He/she shall represent the Township in all judicial and
administrative proceedings in which the Township or any of its officers
or agencies not separately represented may be a party or have an interest.
In furtherance of his/her general powers and duties, but without limiting
them, the attorney shall:
1.
Draft or approve as to form and sufficiency legal documents, contracts,
deeds, ordinances and resolutions made, executed or adopted by or
on behalf of the Township.
2.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Township, when directed by the Township Committee.
3.
With the approval of the Township Committee, compromise or settle
litigation in which the Township is involved.
4.
Render written opinions upon questions of law submitted to him by
the Township Committee or any member thereof with respect to their
official powers and duties or matters relating to the affairs of the
Township.
5.
Supervise and direct the work of any additional attorneys and technical
and professional assistants the Township Committee may authorize for
special or regular employment in or for the Township.
6.
Upon the termination of his/her services with the Township he/she
shall surrender all papers, documents, memoranda, reports and other
materials relating to the administration of his legal duties.
Persons holding the positions herein referred to shall receive
such compensation as shall be fixed by the Township Committee from
time to time in any salary ordinance of the Township and/or professional
services agreement.
The following definitions shall apply to terms used in this
section:
Shall mean the Township Clerk or secretary of the body required
by law to make and amend records.
Shall mean all records which are required by the law to be
made, maintained or kept on file by the Township Committee or any
board, agency, department, commission or official of this Township,
so long as such is defined as a public record pursuant to law, either
by case law or by statutory law.
1.
Any member of the public seeking to inspect public records of the
Township shall make application in writing, either through a form
supplied by the custodian of records or by a suitable substitute,
which identifies the record or records sought to be inspected and/or
copied.
2.
Such inspections shall be made only at reasonable times during regular
business hours and without interference with the conduct of the affairs
of the office or other place where such records are kept and/or maintained;
provided, however, that in the event that said records are not readily
available or research is necessary to supply the information sought,
the custodian of records shall have at least two weeks to comply with
the request; and, in the event the custodian is engaged in activities
that would reasonably have priority over retrieval or presentation
of the records requested, the custodian of records shall have the
right to postpone the inspection for no less than 48 hours.
The fees charged for providing documents and information pursuant
to this section are as follows:
First to tenth page; $.75 per page
Eleventh to twentieth page; $.50 per page
All pages over twenty; $.25 per page
Under no circumstances shall public records be removed from
the Township building or any other building where they are normally
kept. Such records shall not be removed from the office wherein they
are normally maintained unless accompanied by the custodian of records
or his/her representative. If the custodian of such records shall
find that there is no risk or damage of mutilation of such records
and it would not be incompatible with the economic and efficient operation
of the office and the transaction of public business therein, the
custodian of records may permit a person seeking to copy more than
100 pages of records to use his own photographic process, approved
by the custodian, upon the payment of a reasonable fee, considering
the equipment and the time involved, to be fixed by the custodian
of not less than ten ($10.00) dollars nor more than fifty ($50.00)
dollars per day. However, no provision of this subsection shall be
instituted unless approved by the Township Committee or designee.
In addition to any restrictions or limitations established by
general law, no records, documents or information of any kind shall
be released to the public if the same are not "public records," as
defined in this section, or if they are not in final form or if review
or action regarding the documents or information is still pending
before a body of the Township or if the material sought is confidential
in nature or an individual citizen's rights to privacy outweigh the
general public's right to know.
The tax collector is hereby directed to charge the following:
|
Duplicate tax sale certificates
|
$100.00 per certificate
|
|
Duplicate tax bill requests (other than assessed owner)
|
$5.00 for the first duplicate tax bill requested in any tax
year and $25.00 for each request thereafter in the same tax year
|
|
Tax searches
|
$10.00 per search
|
|
Certified mailings in lieu of advertising
|
$25.00 each mailing
|
|
Returned check fee
|
$20.00
|
There is hereby created a grant commission whose purpose shall
be that as set forth:
a.
To obtain all available federal, state and/or private funding to
supplement existing revenues in the Township, reduce taxes imposed
upon residents of the Township for municipal purposes and provide
additional services not being provided by the Township through various
funding and/or nonfunding sources.
b.
The commission shall apply for and obtain, as much as possible, additional
funding and nonfunding sources for the best interests and benefit
of the residents of the Township of Hardwick.
There shall be three members of the grant commission, whose
initial terms shall be as follows:
One member for a one year term
One member for a two year term
One member for a three year term
All subsequent appointments shall be for a term of three years.
One of the members of the grant commission shall be a member of the
Township Committee. Appointments shall be made by the Township Committee
and the vacancy shall be filled for the unexpired term only. Members
shall serve until their successors are appointed and qualified. Members
of the commission shall serve without compensation.
The Township shall endeavor to assist the commission in obtaining
such funding and non-funding sources, and no money shall be expended
for the operation of the commission except what is appropriated by
the Township Committee in its annual budget for such necessary expenditures
as may be deemed necessary by the Township Committee, in conjunction
with the recommendations of the grant commission.
[Ord. No. 97-6; Ord. No. 98-04; Ord. No.
2014-02]
There shall be a municipal public defender appointed by law
in the case of a joint municipal court. The municipal public defender
shall serve the "Municipal Court of North Warren at Hope."
[Ord. No. 98-04]
The municipal public defender shall be an attorney-at-law of
the State of New Jersey, but need not be a resident of the Township.
[Ord. No. 97-6; Ord. No. 98-04]
The term of office of the municipal public defender shall be
for an initial term commencing March 22, 1998, and terminating on
December 31, 1998. Following expiration of the initial term, the term
of office shall be for one year commencing on January 1, and terminating
on December 31. The municipal public defender may continue to serve
in office pending reappointment or appointment of a successor.
[Ord. No. 97-6; Ord. No. 98-04]
It shall be the duty of the municipal public defender to represent,
except in the case of temporary unavailability or conflict of interest,
any defendant charged with a crime as specified in N.J.S.A. 2B:12-18,
or, if in the opinion of the municipal court, there is a likelihood
that the defendant, if convicted of any other offense, will be subject
to imprisonment or other consequence of magnitude and other duties
as set forth in the statute governing municipal public defenders.
[Ord. No. 2014-02]
The municipal public defender shall receive compensation as
set forth in the intermunicipal agreement regarding the municipal
public defender. The intermunicipal agreement shall also provide of
the terms of payment of additional compensation, if any, for any interlocutory
appeals in the Superior Court.
[Ord. No. 97-6; Ord. No. 98-04]
Each individual applying for representation by the municipal
public defender shall be required to pay an application fee of two
hundred ($200.00) dollars provided that such amount shall not exceed
the amount necessary to pay the cost of the municipal public defender
services. The municipal court judge may waive any required application
fee in whole or in part, only if the court determines, in its discretion
upon a clear and convincing showing by the applicant, that the application
fee represents an unreasonable burden on the party seeking representation.
[Ord. No. 98-04]
The funds collected pursuant to Subsection 2-20.6 above shall be deposited in a dedicated fund administered pursuant to the intermunicipal agreement by the chief financial officer of the Township of Hope. Such funds shall be used exclusively to meet the cost incurred in providing the services of a municipal public defender including, when required, expert and lay investigation and testimony.
[Ord. No. 98-04]
With respect to each defendant entitled to and seeking representation
by the municipal public defender, the municipal court shall make an
investigation of the financial status of each defendant and/or the
defendant's legal guardians or parents if the defendant is under the
age of 18 years. The investigation shall include the authority to
require a defendant and/or the defendant's legal guardians or parents
if the defendant is under the age of 18 years, to execute and deliver
written requests or authorizations required under applicable law to
provide the court with access to records of public or private sources,
otherwise confidential, as may be of aid in evaluating eligibility.
[Ord. No. 98-04]
The attorney for the Township of Hope shall be permitted, in
the name of the Municipal Court of North Warren at Hope, to collect
any money due to the court by way of reimbursement for services rendered
by a municipal public defender as provided by law.
There is hereby created a Hardwick Township Open Space Trust
Fund, whose purposes are set forth below.
The purposes of the Hardwick Township Open Space Trust Fund
are as follows:
a.
To acquire lands/properties within the Township for passive recreation
and conservation purposes;
b.
To develop lands/properties acquired within the Township for passive
recreation and conservation purposes;
c.
To assist in the preservation of farmland within the Township wherein
there is a funding necessity, either through matching grants for farmland
preservation/acquisition or through funding for the reservation of
farming privileges and/or the acquisition of development rights as
established by state law and/or the Warren County Board of Chosen
Freeholders or their designees;
d.
Maintenance of lands acquired for recreation and conservation purposes;
and/or,
e.
To provide funding for the payment of debt service related to appropriations
in accordance with the paragraphs a through d above.
The funding source for the Township Open Space Trust Fund shall
be the establishment of a separate Township tax line item at an annual
rate not to exceed three ($.03) cents per one hundred ($100.00) dollars
of ratables for each and every taxable property located within the
Township. The rate shall be set every year by the Township Committee,
by resolution, during the existence of the Township Open Space Trust
Fund, no later than the meeting at which the Township budget shall
be introduced. The Township chief financial officer, the Township
auditor, the Township tax collector and the Township tax assessor,
where applicable, shall assist the Township Committee in the annual
creation/collection of this open space tax.
The determination of how the Township Open Space Trust Fund
shall be expended at any time shall be at the sole discretion of the
Township Committee and they shall be the final determiners of the
allocation(s) of the Trust Fund during its existence. The Township
reserves the right to establish an Open Space Advisory Committee to
assist the Township in addressing the provisions of this section.
The provisions for taxation to create and fund Open Space Trust
Fund and the existence of the Township Open Space Trust Fund shall
cease to exist at the close of business on December 31, 2002, unless
the Township Committee extends the duration of this section by the
close of business on December 31, 2001.
There is hereby created the Hardwick Township Open Space Advisory
Committee whose duties and purposes are set forth below.
a.
The Hardwick Township Open Space Advisory Committee shall consist
of the following members:
1.
The Mayor or designee;
2.
Six members of the public who reside in the Township.
|
In addition, the Township planner shall serve in an advisory
capacity to the Committee on an as needed basis. The Committee shall
also have the right to appoint nonvoting advisory members with special
abilities and/or expertise beneficial to the objectives of the Committee.
|
b.
All members shall be appointments of the Township Committee, except
the Committee chairman, who shall be elected from among the duly elected
members and chosen from its members. The Township shall receive recommendations
from the various boards/commissions as to the possible membership
on this Committee, but the Township Committee shall not be bound by
such recommendations.
c.
All members shall serve for a period of three years, except the initial
year of the Committee wherein the terms will be as follows: two one-year
terms, two two-year terms and two three-year terms. A public member(s)
shall only serve on the Committee so long as he/she is (are) residents
of the Township.
d.
The Committee shall be subject to the provisions of the Open Public
Meetings Act, including the requirements of meeting notice and promulgation/approval
of minutes. The Committee may call upon the services of the Township
Attorney and/or engineer to assist it in its endeavors, subject to
the Township Committee or designee's approval and the availability
of funds.
e.
Any appointee who is unable to fulfill his/her duties on the Committee
and resigns and/or fails to attend three meetings in any calendar
year may be replaced for the remainder of the unexpired term at the
discretion of the Township Committee.
f.
The Committee, in addition to the submission of minutes to the Township,
shall report to the Township Committee as to its functions on at least
a quarterly basis.
The purposes/duties of the Township Open Space Advisory Committee
are as follows:
a.
To advise the Township Committee as to the possible acquisition/development
of lands/properties within the Township for recreation (active and/or
passive) and/or conservation purposes (and, where applicable, prioritize
the acquisition/development of said lands/properties);
b.
To advise the Township as to possible properties for preservation;
c.
To advise the Township Committee as to various opportunities for
alternate funding for acquisition/development of open space and farmland
properties within the Township and, where authorized by the Township
Committee, to apply, on behalf of the Township, for such funding opportunities;
d.
To catalog/inventory for the Township Committee all existing open
space and preserved farmland properties within the Township on a yearly
basis; and prioritize same;
e.
To catalog/inventory for the Township Committee all open space and
farmland properties within the Township that could be obtained by,
acquired by and/or donated to the Township, including, but not limited
to the following:
1.
By development rights only for preservation of open space;
2.
By outright purchase;
3.
By donations;
4.
By conservation easements;
5.
By scenic easements;
6.
As a down payment for the issuance of bonds;
7.
By long-term lease; or,
8.
By any other method for the same purpose at the discretion of the
Township Committee.
f.
To maintain the Township's open space plan;
g.
The Committee shall, where applicable, also:
h.
To accept applications for funding and prioritize them;
i.
Any and all other purposes/duties as assigned to the Committee by
the Township Committee.
Since the Open Space Advisory Committee is premised on the existence
of the Township open space trust fund, which contains a sunset provision,
if the sunset provision is exercised as to the open space fund by
the Township Committee, then the Township Open Space Advisory Committee
shall cease to exist at the end of the fund's life.
[Ord. #2002-10, S2]
a.
To identify project areas of multiple farms that are reasonably contiguous
and located in an agricultural development area authorized pursuant
to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11
et seq.;
b.
To advise the Township Committee as to the possible acquisition/development
of lands/properties within the Township for recreation (active and/or
passive) and/or conservation purposes (and, where applicable, prioritize
the acquisition/development of said lands/properties);
c.
To advise as to the possible preservation of farmland within the
Township;
d.
To advise the Township as to possible properties for preservation;
e.
To advise the Township Committee as to various opportunities for
alternate funding for acquisition/development of farmland properties
within the Township and, where authorized by the Township Committee,
to apply, on behalf of the Township, for such funding opportunities.
f.
To catalog/inventory for the Township Committee all existing preserved
farmland properties within the Township on a yearly basis;
g.
To catalog/inventory for the Township Committee all farmland properties
within the Township that could be obtained by, acquired by and/or
donated to the Township, including, but not limited to the following:
1.
By development rights only for preservation of farmland;
2.
By outright purchase;
3.
By donations;
4.
By conservation easements;
5.
By scenic easements;
6.
As a down payment for the issuance of bonds;
7.
By long-term lease; or,
8.
By any other method for the same purpose at the discretion of the
Township Committee.
h.
The Committee shall, where applicable, also:
i.
Any and all other purposes/duties as assigned to the Committee by
the Township Committee.
[Ord. #2002-10, S2]
The Hardwick Township Agricultural Advisory Committee shall
consist of three members appointed by the Township Committee who shall
be residents of the Township with a majority of the members actively
engaged in farming and owning a portion of the land they farm.
[Ord. #2002-10, S2]
All members shall serve for a period of one year with all terms
expiring on December 31, of the year appointed.
[Ord. No. 2016-09]
The State of New Jersey has been engaged in a process to establish
a competitive market place through deregulation and restructuring
the electric utility market and natural gas market.
The establishment of a government aggregator and an energy aggregation
program to purchase electric generation service and natural gas pursuant
to N.J.S.A. 48:3-93.1 et seq. and N.J.A.C. 14:4-6.1 et seq. will increase
competition for the provision of electric power and natural gas to
residential and non-residential users, thereby increasing the likelihood
of lower electric rates and natural gas rates for these users without
causing any interruption in service.
Under the aggregation process the residential and non-residential
ratepayers may likely receive a direct reduction in their electric
bills and gas bills.
The realization of energy cost savings is in the interests of
the health, safety and welfare of the residents of Hardwick Township
(the "Township").
The Township hereby finds that it is in the best interests of
residential and non-residential electric ratepayers for the Township
to create the opportunity for them to enter into an aggregation agreement
in order to seek substantial savings on electric rates.
[Ord. No. 2016-09]
The Township publicly declares its intent to become an aggregator
of electric power on behalf of its residential and non-residential
users of electricity pursuant to the Government Energy Act of 2003,
N.J.S.A. 48:3-91.3 to -98, and implementing regulations.
[Ord. No. 2016-09]
The Township will utilize approved vendor Concord Engineering's
d/b/a Concord Energy Services Reverse Energy Auction Platform pursuant
to the NJ E-PROCUREMENT Pilot Program (P.L. 2001, c. 30) under the
NJ Department of Community Affairs. The Reverse Energy Auction will
seek bids from licensed and appropriate third party suppliers. If
such winning bid is selected and agreement executed, individual residential
consumers would retain the option not to participate and to choose
any alternatives they desire, while non-residential ratepayers would
also have the right to participate.
[Ord. No. 2016-09]
The Mayor and Township Clerk are hereby authorized and directed
to execute any documents necessary to carry out the purpose of the
section.
[Added 8-1-2018 by Ord. No. 2018-08]
There is hereby created the position of Qualified Purchasing
Agent within the Township who shall be referred to as the Purchasing
Agent.
The Purchasing Agent shall be: The individual duly assigned
the authority, responsibility and accountability for the purchasing
activity of the Township, and who has such duties as are defined by
the Township appropriate to the form and structure of the Township.
The Purchasing Agent shall have the power to prepare advertisements,
to advertise for and receive bids, and to recommend the award of contracts
as permitted by N.J.S.A. 40:11-1 et seq.[1]
[1]
Editor's Note: N.J.S.A. 40:11-1 et seq. was repealed effective
7-1-1971. See now N.J.S.A. 40A:11-1 et seq.
In general, the qualifications of the Purchasing Agent shall
be the following:
a.
Knowledge of accepted procedures used in making large-scale purchases.
b.
Knowledge of laws, rules and regulations affecting purchasing.
c.
Knowledge of the accepted preparation of specifications of commodity
markets, marketing practices, and commodity pricing methods, and the
application of bookkeeping methods to procurement practices.
d.
Ability to interpret market prices and trends, and apply such interpretations
to procurement problems.
e.
Ability to establish and maintain harmonious working relationships.
f.
Ability review and prepare specifications.
g.
Ability to recommend suitable action on bids.
h.
Ability to establish and maintain purchasing and other records.
i.
Ability to utilize various types of electronic and/or manual recoding
and information systems used by the agency, office or related units.
j.
Ability to read, write, speak, understand and communicate in English
sufficiently to perform duties of this position. American Sign Language
or Braille may also be considered as acceptable forms of communication.
k.
Persons who may have mental or physical disabilities are eligible
as long as they can perform essential functions of the job with or
without reasonable accommodation. If the accommodation cannot be made
because it would cause the employer undue hardship, such persons may
not be eligible.
l.
A Qualified Purchasing Agent, in accordance with the provisions of
N.J.S.A. 40A:11-9, will be required to possess a valid Qualified Purchasing
Agent Certification issued by the State Division of Local Government
Services and the Department of Community Affairs.
m.
In addition to the above, the Township Qualified Purchasing Agent
shall be required to continue to enroll in, attend and sufficiently
pass all appropriate post-certification courses and seminars as mandated
by the provisions of the New Jersey Administrative Code and the New
Jersey Annotated Statutes.
[Added 12-11-2019 by Ord. No. 2019-10]
All costs incurred by the Township or Department, including
but not limited to the following: actual labor costs of personnel,
workers' compensation benefits, cost of equipment operation, and cost
of materials.
Any and all elements and compounds, including petroleum products,
which are defined as such by the New Jersey Department of Environmental
Protection, N.F.P.A. Guide of Hazardous Materials, list of hazardous
substances adopted by the Federal Environmental Protection Agency,
or list of toxic pollutants designated by Congress or the Environmental
Protection Agency.
The governing body of the Township of Hardwick authorizes the
Department to recover the costs of firefighting materials used and
expended; the costs of the use of the fire trucks, fire engines, rescue
equipment, and tankers; and the costs of personnel hours and hazardous
situation abatement materials used in any hazardous abatement incident.
Below is a schedule of fees and costs to be charged by the Department
to any person, or their insurance carrier, for whom or for whose property
such services were rendered.
|
Type of Incident
|
Description
|
Fee
|
|---|---|---|
|
Vehicle Incidents
|
Any hazardous abatement incident involving a vehicle substantial
enough to cause the Department to use tools and skill to bring the
incident under control
|
Actual costs incurred
|
|
Hazardous Substance
|
Intentional or unintentional discharge of a hazardous substance
or hazardous material fires
|
Actual costs incurred
|
Reimbursement to the Department shall be made by:
a.
The owner or operator of the vehicle responsible for the hazardous
condition;
b.
Any person responsible for the discharge of any hazardous substance
which is abated by the Department;
c.
The owner or person responsible for the vessel containing the hazardous
material causing the hazardous condition;
d.
The owner or person responsible for the property from which the hazardous
condition emanated.
The Department is hereby authorized to bill and collect costs
due to it under this section through a third-party billing agent,
provided such agreement with the third-party billing agent is subject
to the approval of the Township Committee.
Said costs and fees as outlined above shall be recovered directly
by the Department, or through a third-party billing agent, by billing
to the responsible party.
The Department shall provide a monthly report to the Township
Committee detailing all billing and receipts under this section.
Any person or entity responsible for any hazardous condition
abatement incident shall reimburse the Department pursuant to the
schedule of fees set forth above, or provide proof that they have
submitted a claim to their insurance carrier for payment, within 45
days after receipt of the Department's invoice. These provisions shall
be subject to the following:
a.
Persons receiving services from the Department shall cooperate with
the Department, or other billing personnel hired by the Department,
to secure full payment for services rendered.
b.
Due to anticipated time requirements for the preparation and processing
of insurance claims, parties that have provided proof of a claim to
their insurance carrier shall not be charged interest or subject to
the penalties hereunder.
c.
Responsible parties under this chapter shall ensure that the Department
is authorized to receive any payments from any insurance carrier as
required this chapter.
d.
The Department reserves the right to determine that a bill, uncollectable
by reason of unavailability of insurance coverage, can be written
off.
Any person violating any provision of this article and responsible
for any hazardous condition within the service area of the Department
who fails to reimburse the Department as provided herein, or submit
a claim to the appropriate insurance carrier within the time required,
shall be subject to a penalty and/or fine for each violation in accordance
with Code of the Township of Mansfield.
[Added 3-2-2022 by Ord.
No. 2022-02]
Full-time employees serving in a supervisory capacity for the
Township, and his/her spouse or civil union partner, shall be eligible
to receive employer-provided health care benefits upon retirement,
provided the employee has 30 years or more of full-time creditable
pension service with the Township, and provided the retirement does
not constitute an "early" retirement as defined by PERS. The premium
sharing costs of such health care coverage shall be subject to the
provisions of P.L. 2011, c, 78, and the retiree shall be required
to pay for a portion of the health care premium in accordance with
the tables of cost sharing promulgated by the State of New Jersey.
[Added 3-2-2022 by Ord.
No. 2022-02]
Such health care coverage shall be provided until such time
as the retiree turns 65 years of age or becomes eligible for Medicare
or such other federally provided health care coverage, whichever is
earlier, at which point the provision of such health care coverage
shall cease.
[Added 3-2-2022 by Ord.
No. 2022-02]
The Omnia Health Plan No. 57 is the current designated health
care plan for Hardwick Township retirees. The Township Committee shall
designate the health care plan at the time of retirement of an employee
based upon a review of health plan care options.
