Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Fair Haven, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Former Section 2-34, Board of Recreation Commissioners, previously codified herein and containing portions of 2002 Code §§ 2.36.010 — 2.36.040 and Ordinance No. 478 was repealed in its entirety by Ordinance No. 2012-06.
[Ord. No. 2012-06]
There is established a Recreation Committee, the members of which shall be appointed by the Mayor with the advice and consent of Council as hereinafter set forth.
[Ord. No. 2012-06; Ord. No. 2017-04]
The Recreation Committee shall consist of not less than five nor more than nine members.
[Ord. No. 2012-06]
The members shall hold office for one year. The members shall receive no compensation for their service.
[Ord. No. 2012-06]
a. 
The Committee shall advise the Mayor and Council on all matters relating to all lands, playgrounds and recreation places acquired or leased by the Borough and on all recreation programs conducted within the Borough.
b. 
The Committee shall conduct studies to select lands for public playgrounds and recreation places and, when necessary or advisable, conduct studies to select lands for an approach or approaches by way of ingress thereto and egress therefrom of such size and dimension as the Committee shall think suitable, with regard being made to the population of the neighborhood. The Committee shall render such reports to the Borough Council, which may thereafter provide for the acquisition of the various lands selected and recommended by the Committee either by way of gift, purchase or condemnation. In making such reports, the Committee shall cause surveys and maps to be made thereof, together with a careful estimate, as nearly accurate as need be, of the probable cost of acquiring such lands and a statement of the annual rental and duration of term, if the Committee deems it advisable, to lease the same, together with an estimated cost of preparing such lands and suitably equipping the same by the erection of buildings, stands, seats and other structures and apparatus for such playgrounds and recreation places.
c. 
The Committee shall advise the Parks and Recreation Director to maintain a system of public recreation, including playgrounds, and recreation facilities. On or before December 1 of each year, the Committee shall give the Parks and Recreation Director their input on the estimated amount necessary to operate and maintain said system of public recreation.
d. 
The Committee shall advise Mayor and Council regarding all programs, existing or created after adoption of this section.
[Ord. No. 2012-06]
a. 
The Borough Council shall annually fix, determine and appropriate a sum which the Council, in its discretion, deems appropriate for the care, custody, policing and maintenance of the recreation program.
b. 
The Committee Members shall not maintain their own financial records, but all financial records and financial matters, such as payroll and purchasing, shall be maintained by and conducted through the usual Borough departments.
c. 
The Committee shall advise the Parks and Recreation Director with regard to the disbursement of monies in a segregated account maintained for the Community Appeal Funds.
[2002 Code § 2.40.010]
The Borough Environmental Commission is established pursuant to N.J.S.A. 40:56A-1 et seq.
[2002 Code § 2.40.020; Ord. No. 479]
The Commission shall consist of seven members as well as two alternate members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Borough. The members shall serve without compensation except as hereinafter provided. The Mayor shall designate one of the members to serve as Chairman and Presiding Officer of the Commission. The terms of office of the Commissioners shall be for three years and until the appointment and qualifications of their successors. The terms of office of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year.
[2002 Code § 2.40.030]
The Environmental Commission is established for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Borough and shall have the powers and responsibilities specified in N.J.S.A. 40:56A-2 and 40:56A-5.
[2002 Code § 2.40.040]
The Environmental Commission may appoint such clerks and other employees as it may require, providing the same shall be within the limits of funds appropriated to it by the Mayor and Council.
[2002 Code § 2.44.010]
Pursuant to N.J.S.A. 40:55D-107 et seq., an Historic Preservation Commission is established.
[2002 Code § 2.44.020; Ord. No. 481]
There shall be seven regular members and two alternate members of the Historic Preservation Commission, all of whom shall be appointed by the Mayor.
a. 
The Historic Preservation Commission shall include members from the following three classes: Class A, a person who is knowledgeable in building design, construction, and architectural history and who may reside outside the Borough; Class B, a person who is knowledgeable of and with a demonstrated interest in local history (and who may reside outside the Borough). Those regular members who are not designated as Class A or Class B shall be designated as Class C. Class C members shall be citizens of the Borough and shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment. Of the regular members, a total of at least one less than a majority shall be Classes A and B. Alternate members shall meet the qualifications of Class C members. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."
b. 
The terms of the members first appointed to the Historic Preservation Commission shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years, and the initial term of a regular member shall be for four years, and the term of an alternate member for two years. If two members are appointed at one time, their terms shall be staggered by the appointment of one of the members for an initial term that is a year less than the regular term. If four members are appointed, their terms shall be staggered by the appointment of the first member for an initial term of the standard four-year term, the second member for an initial term that is a year less than the regular term, the third member for an initial term that is two years less than the regular term, and the fourth member for an initial term that is three years less than the regular term. A vacancy occurring other than the expiration of a term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the term of any member of the Historic Preservation Commission who is also on the Planning Board or Board of Adjustment shall be limited to the term of membership on the Planning Board of Adjustment.
c. 
The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and elect a Secretary who may or may not be a member of the Historic Preservation Commission and who may or may not be a municipal employee.
d. 
Alternate members may participate in discussion of the proceedings, but may not vote except in the absence or disqualification of a Class C member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
e. 
No member of any Historic Preservation Commission shall be permitted to act on any matter in which he has either directly or indirectly, any personal or financial interest.
f. 
A member of a Historic Preservation Commission may, after a public hearing if he requests it, be removed by the Governing Body for cause.
[2002 Code § 2.44.030]
The Borough Council shall make provision in its budget and appropriate funds for the expense of the Historic Preservation Commission. The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the Governing Body. Expenditures of the Historic Preservation Commission shall not exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for the Commission's use.
[2002 Code § 2.44.040]
The Historic Preservation Commission shall be responsible to:
a. 
Prepare a survey of historic districts and sites within the Borough;
b. 
Make recommendations to the Planning Board on the historic preservation plan element of the master plan and on the implications for preservation of historic sites or any other master plan elements;
c. 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;
d. 
Advise the Planning Board and Board of Adjustment on application for development in any historic zoning districts or historic sites designated on the zoning or official map or in any component element of the master plan;
e. 
Provide written reports on the application of any zoning ordinance provisions concerning historic preservation, including the encouragement of the preservation and restoration of traditional streetscapes;
f. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.
[2002 Code § 2.44.050; Ord. No. 481]
a. 
A majority of the members of the Commission, excluding alternates, shall constitute a quorum for the conduct of official business.
b. 
Meetings of the Historic Preservation Commission shall be regularly scheduled and any meeting so scheduled shall be held as scheduled unless canceled for lack of referrals of applications to the process.
c. 
Special meetings may be provided for at the call of the Chairman, who posts notices of same appropriately.
[2002 Code § 2.44.060]
a. 
Establishment of Districts. There is established an historic district, to be known as the Fair Haven historic district as described by the lot and block numbers shown on the Official Tax Map of the Borough Schedule A, and a Fair Haven historic site to be known as the Fisk Chapel/Bicentennial Hall district site described by the lot and block numbers shown on the Official Tax Map of the Borough Schedule B.
b. 
Purpose. This district and site are created for advisory purposes and do not constitute an amendment or supplement to the zoning ordinances of the Borough. The purpose of their creation is to promote the educational, cultural, economic and general welfare of the Borough through the preservation of historic buildings, structures, places, sites and districts and through development and maintenance of appropriate settings which impart distinctive aspects of the Borough and which serve as visible reminders of its historical and cultural heritage. The creation of the historic district is intended to:
1. 
Safeguard the heritage of the Borough by preserving resources within the Borough which reflect elements of its cultural, social, economic and architectural history;
2. 
Encourage the continued use of historic landmarks and to facilitate their appropriate reuse;
3. 
Promote appreciation of historic districts and sites for the education, pleasure and welfare of the local population;
4. 
Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures and districts within the Borough;
5. 
Foster beautification and private reinvestment;
6. 
Discourage unnecessary demolition of historic resources and inappropriate building or development;
7. 
Encourage the appropriate maintenance and preservation of historic districts;
8. 
Enhance the visual and aesthetic character and diversity of the Borough;
9. 
Promote the conservation of historic districts and sites and to invite voluntary compliance.
c. 
Procedure. As to any property located within any historic district or site designated by this section.
1. 
The Administrative Officer of the appropriate Board shall immediately forward to the Historic Preservation Commission copies of all applications to the Zoning Board of Adjustment and the Planning Board. The Historic Preservation Commission shall review all applications to the respective Boards and to the Mayor and Council as the Commission may deem appropriate. The reports, comments and recommendations made by the Commission shall be advisory only, and shall not be binding upon the Zoning Board of Adjustment, Planning Board or the Mayor and Council.
2. 
The Borough Administrative Officer shall immediately forward to the Historic Preservation Commission a notice and brief description of all applications for permits for new construction or for work on any facade of any existing structure facing a public right-of-way or for demolition of any structure within the historic district. The Historic Preservation Commission shall have a period specified in N.J.S.A. 40:55D-111 to deliver a written report, comment or recommendation to the Borough Administrative Officer. The report, comment or recommendation made by the Historic Preservation Commission shall be advisory only, and shall not be binding upon the Borough Administrative Officer or the applicant except as hereinafter set forth. The Borough Administrative Officer shall endeavor to obtain a written report from the Historic Preservation Commission prior to the issuance of a permit affecting new construction or the facade facing a public right-of-way or demolition within a historic district. The Borough Administrative Officer may, in his discretion, issue permits for new construction or for work on a facade facing a public right-of-way or demolition permits within the historic district if no written report, comments or recommendation from the Historic Preservation Commission is received within the reporting period. If, however, the Historic Preservation Commission by a 2/3 vote shall certify to the Borough Administrative Officer that the proposed work (whether new construction or work on a facade facing a public right-of-way or demolition) would have a significant adverse effect upon the traditional character and historic importance of the historic district and recommends against issuance of the permit or recommends conditions to the permit, the Administrative Officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Appeal may be taken as provided by the Municipal Land Use Law.
[1]
Editor's Note: Tree Preservation Regulations may be found in Chapter 30, Land Use and Development Regulations.
[2002 Code § 2.48.010]
Pursuant to N.J.S.A. 40:64-1 et seq., the regulations for planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks, and parkways in the Borough except County highways, parks and parkways, if the County Shade Tree Commission is operative and gives assent thereto, shall be exercised by and under the authority of the Borough Shade Tree Commission, which is created.
[2002 Code § 2.48.020; Ord. No. 480]
The Commission shall consist of seven members and two alternate members appointed by the Mayor who shall be residents of the municipality and shall serve without compensation except as hereafter provided.
[2002 Code § 2.48.030; Ord. No. 480]
All appointments except to fill vacancies shall be for full terms of five years, each to take effect on January 1st. If two members are appointed, their terms shall be staggered by the appointment of one of the members for an initial term that is a year less than the regular term. The terms of office of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year.
[2002 Code § 2.48.040]
The Commission shall organize annually by the election of one of its members as Chairman, and the appointment of a Secretary, who need not be a member. The salary of the Secretary, who may be compensated even if a member of the Commission, shall be fixed by the Borough Council; the salary of any employees shall be fixed by the Borough. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule, if any, of the Borough for corresponding positions.
[2002 Code § 2.48.050]
Any vacancy occurring by reason of death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.
[2002 Code § 2.48.060]
The functions, powers and duties of the Shade Tree Commission created shall be as set forth and prescribed in N.J.S.A. 40:64-1 et seq.
[2002 Code § 2.48.070]
a. 
Certification of Expenditures. During October in each year, the Commission shall certify to the Borough Council the estimated sum necessary for the proper conduct of its work during the ensuing calendar year, to include the sums estimated for such of the following items as it is anticipated expenditure will be made for, that is:
1. 
Payment of wages and salaries of employees;
2. 
Expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings;
3. 
Purchase of trees and shrubbery;
4. 
Purchase of necessary equipment and materials and the cost of services for the promotion of the work, including expenses for tree trimming and removal.
b. 
Appropriations from Borough Council. The Borough Council shall annually appropriate such sum as it may deem necessary for these purposes.
c. 
Gifts and Donations. The Commission may accept gifts or donations from public spirited citizens for use for Commission purposes.
[New]
The Borough participates in the Monmouth Regional Health Commission #1 under an Interlocal Service Agreement.
[New]
A Registrar of Vital Statistics shall be appointed according to State law.
[Ord. No. 2012-08]
The purpose of this section is to establish the Rumson Fair Haven Municipal Alliance to Prevent Alcohol and Drug Abuse, whose mission is to provide consultation, programs, training, and resources to the Rumson and Fair Haven communities, with the goal of preventing and reducing the use and abuse of alcohol, tobacco, and other drugs.
[Ord. No. 2012-08]
There is hereby established in the Borough Of Fair Haven a permanent committee to be known and designated as the "Rumson Fair Haven Municipal Alliance to Prevent Alcohol and Drug Abuse" (hereinafter referred to as "alliance"). The alliance must publish an agenda for each alliance meeting, keep minutes of all alliance meetings, permit public comment at meetings, abide by the NJ Open Public Meetings Act and have a quorum of alliance executive committee members for action to be taken by the alliance – A quorum is 50% of the official Executive Committee Alliance membership, plus one.
[Ord. No. 2012-08]
Voting membership to the Alliance shall consist of five Executive Committee members, which shall formally meet on a regular basis. The Executive Committee shall be comprised of one representative from each of the following government entities: Rumson Governing Body, Fair Haven Governing Body, Rumson Board of Education, Fair Haven Board of Education, Rumson Fair Haven Regional Board of Education. The Executive Committee members shall be selected by their respective Governing Body and shall serve for a period of one year commencing at their annual reorganization meeting and ending on December 31 of that calendar year.
General membership to the Alliance shall be appointed annually by the Executive Committee and may include, but not be limited to, the following:
a. 
Representative of the Borough Police Department.
b. 
Representative of each Parent-Teacher Organization.
c. 
Student Assistance Counselor (SAC).
d. 
Representative of a local civic association.
e. 
Representative of local religious groups.
f. 
Representative of the Senior Citizen community.
g. 
Representative of a substance abuse treatment organization.
h. 
Representative of a substance abuse prevention organization.
i. 
Representative of the Juvenile Conference Committee.
j. 
Representative of local businesses.
k. 
Students from the Rumson and Fair Haven communities.
[Ord. No. 2012-08]
The responsibilities and powers of the Alliance shall be as follows:
a. 
To create a network of community leaders, private citizens, and representatives from public and private human services agencies who are dedicated to a comprehensive and coordinated effort to promote and support drug and alcohol prevention and education programs and related activities with an emphasis on all ages along the developmental life processes.
b. 
To conduct an assessment of their community to determine the needs of the community in relation to alcoholism and drug abuse issues.
c. 
To identify existing efforts and services acting to reduce alcohol and drug abuse.
d. 
To coordinate projects within the municipality to avoid fragmentation and duplication.
e. 
To develop programs to be implemented at the municipal level, or participate in regionally developed programs, that accomplish the purpose of the Alliance effort and the purpose of the Municipal Alliance Committee.
f. 
To assist the municipality in acquiring funds for Alliance programs.
g. 
To cooperate with the Governor's Council on Alcoholism and Drug Abuse, the County Local Advisory Committee on Alcoholism and Drug Abuse and the Alliance Steering Subcommittee to provide municipal data, reports or other information which may be required for the County Annual Municipal Alliance Plan or needed to assist the Alliance effort (per N.J.S.A. 26:2BB-7 et seq.).