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Borough of Fair Haven, NJ
Monmouth County
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Table of Contents
Table of Contents
[2002 Code § 3.04.010; amended 9-6-2022 by Ord. No. 2022-12]
a. 
Any person claiming payment from the Borough shall first submit a detailed statement of the items or demand necessitating such claims to the responsible executive agency, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct (referred to hereinafter in this section as the "Claimant Certification").
b. 
No bill, claim or demand shall be considered for payment unless the voucher has attached to it (or includes) a written or electronic certification from the designated Borough employee, having personal knowledge of the facts that the goods have been received by, or the services rendered to the Borough, and that those services or goods are consistent with an existing contract or purchase order.
c. 
The Chief Financial Officer shall have the duty to audit, warrant and make recommendations on all claims and bills.
d. 
Pursuant to N.J.A.C. 5:30-9A.6, where the Claims Presentation and Examination Procedures set forth in subsection 2-50.2 hereof are followed and satisfied, the Borough may waive the requirement of a Claimant Certification, except that a Claimant Certification shall never be waived for reimbursement of employee expenses, or for services provided exclusively and entirely by an individual or sole proprietorship.
[2002 Code § 3.04.020; amended 9-6-2022 by Ord. No. 2022-12]
a. 
The Chief Financial Officer has established standard procedures and internal accounting controls as follows, which shall be followed for the payment of claims by the Borough:
1. 
No goods or services will be procured without a valid Purchase Order containing the written or electronic signature of the Borough's Assistant CFO.
2. 
Except for contract items approved by resolution of the Borough Council, all procurement transactions must originate by way of a requisition in the Borough's finance system. Requisitions will not be processed without a digital signature of the Department Head (or, in certain limited situations, a designee approved by the Administrator or CFO)
3. 
In processing Purchase Orders from requisitions, Finance/Purchasing staff will review for:
(a) 
Department Head approval.
(b) 
Legal Compliance (Local Public Contracts Law).
(c) 
Compliance with any relevant Borough policy.
(d) 
Reasonable business purpose.
4. 
Questions regarding requisitions are reviewed with user departments. As necessary, certain issues are escalated to review by the Purchasing Agent.
5. 
Requisitions that exceed the Pay-to-Play threshold or the current State bid threshold are forwarded to the Purchasing Agent for processing.
6. 
Requisitions that exceed 15% of the current State bid threshold require at least two quotes, but three quotes are preferred. Quotes obtained by user departments are attached to the requisition (digital/scanned copy). Purchasing staff review all quotes.
7. 
Properly completed requisitions are converted to Purchase Orders by Finance/Administration Office.
8. 
Department Heads are actively engaged in preparing and monitoring their annual budgets. Regular reviews are performed to assure that activity posted to the department's budget, such as Purchase Orders, is valid, proper and authorized by the Department Head.
9. 
Claims for payment are submitted to Finance Office by each department. Invoices are reviewed to verify that work was performed as authorized and that prices are consistent with original proposals.
10. 
Invoices attached to the Purchase Order are submitted to Finance Office for payment. A responsible person with direct knowledge that the work was performed or goods received signs the Purchase Order to authorize payment.
11. 
In processing Purchase Orders (and invoices) for payment, Finance Office staff review for:
(a) 
Certification by responsible person attesting that services were performed, or goods delivered.
(b) 
Verify that payment is applied to proper contract, if applicable.
(c) 
Verify that the invoice does NOT pre-date the Purchase Order (Legal Compliance) (from item 1 above). No goods or services will be procured without a valid Purchase Order containing the signature of the Borough's Assistant CFO.
(d) 
Review for proper accounting treatment (proper budget account and proper budget year).
(e) 
Compliance with any relevant Borough's policy.
(f) 
Reasonable business purpose.
12. 
Questions regarding Purchase Orders/Invoices are reviewed with user departments. As necessary, certain issues are escalated to review by the Administrator or CFO.
13. 
In preparing the annual Borough Budget, the CFO reviews trends and query detail as considered necessary. All unusual items are researched.
b. 
The bill or claim duly certified shall be presented to the Municipal Clerk for inclusion in the proceedings of the next immediate formal meeting of the Borough Council and it shall be the duty of the Chief Financial Officer to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed.
c. 
All claims or bills to be considered by the Borough Council shall be listed systematically and without preference and the list shall be made available to every member of the Borough Council at least three full days prior to formal action by the Borough Council.
[2002 Code § 3.04.030]
Claims shall be considered by the Council which shall approve the same, except that the Council may reject any claim presented to it, stating the reason for such rejection. Any tie votes may be broken by vote of the Mayor. Any disapproved claim shall be referred back to the Municipal Clerk with such instructions as the Borough Council may give at the time of disapproval.
[2002 Code § 3.04.040]
It shall be the duty of the Municipal Clerk to record the resolution approving all claims in the official minutes or through an appropriate claims register, indicating that the Borough Council has by formal action approved the same with appropriate records as to any claims disapproved or rejected.
[2002 Code § 3.04.050]
The Chief Financial Officer shall make disbursements upon receipt of an order by Borough Council, attested by the Municipal Clerk. If in the event that the Mayor vetoes the payment of any claims or bills, the Chief Financial Officer may be authorized to make payment by a vote of the Borough Council whereby at least 2/3 of all the Councilmembers vote to override such veto for any claim or bill.
[2002 Code § 3.04.060; amended 9-6-2022 by Ord. No. 2022-12]
After the Municipal Clerk has certified that the claims have been approved, the Municipal Clerk shall turn the same over to the Chief Financial Officer, who shall forthwith prepare the necessary checks for the payment thereof, which said checks shall be signed by the Mayor and Chief Financial Officer, and thereafter signed by the Administrator or Municipal Clerk. After preparing checks for the payment of claims, he the Chief Financial Officer shall record them in proper books of account and thereafter mail the checks to the claimants.
The purpose of this section is to establish a "Length of Service Awards Program" (LOSAP) for active volunteer members of the Borough's Emergency Service Organizations, specifically, the Fair Haven Volunteer Fire Co. #1 and the Fair Haven First Aid Squad. The LOSAP program is designed to enhance the ability of the Borough to provide volunteer fire and first aid protection and to allow the Borough's fire and first aid squads to recruit and maintain membership.
[Ord. No. 485 Preamble; amended 12-14-2020 by Ord. No. 2020-14]
Pursuant to N.J.S.A. 40A:14-183 et seq., there is hereby established, within the Borough of Fair Haven, an emergency services volunteer length of service awards program, hereinafter referred to as LOSAP, to reward members of the Fair Haven Volunteer Fire Co. #1 and the Fair Haven First Aid Squad for their loyal, diligent and devoted services to the residents of Fair Haven Borough.
The LOSAP program shall provide for the fixed annual contribution, to a tax deferred income account, for each eligible volunteer fire and first aid member that satisfies the criteria set forth in this section, and the enabling legislation and the U.S. Internal Revenue Code. This section shall apply prospectively only, commencing with calendar year 2005.
The LOSAP program shall provide for an annual contribution for each eligible volunteer member who accumulates a minimum of 70 points for the 2020 calendar year and a minimum of 100 points for any calendar year thereafter, pursuant to a point system as set forth within. Any participant who terminates service as an active volunteer shall cease to participate hereunder.
The annual contribution amount for each year of future service, for each eligible volunteer member, shall be $1,150. The estimated annual cost of this provision of the LOSAP program shall be based on 60 active volunteer members for a total cost of $69,000 for 2005.
The LOSAP program shall only be deemed effective, after approval and ratification by the voters of the Borough of Fair Haven at the next general election to be held subsequent to the passage of this section (ordinance). If this public question fails, this section (ordinance) shall automatically terminate.
After ratification of the LOSAP, as provided for in this section, the maximum annual contribution may be increased, without public hearing or public question, provided such increased contributions do not exceed the number calculated by multiplying the original contribution as approved by public question, by the consumer price index factor. The consumer price index factor shall be established as set forth in N.J.S.A. 40A:14-185.
[Ord. No. 485 § 8]
The Borough of Fair Haven LOSAP shall provide for annual contributions of each eligible active volunteer member of Emergency Medical Service Squad who meets the following criteria:
LOSAP PROGRAM
POINT SYSTEM BASED ON 100 POINTS
a. 
Offices.
1.
FHFD Line Officers
50 points
(a)
Fire Dept.
(b)
Fire Police
(c)
First Aid
2.
Training Officer
25 points
3.
Administrative Officers
25 points
4.
Engineers
25 points
5.
Safety Officers
25 points
6.
Ex-Chief
25 points (for 1 year)
7.
Ex-Captain
25 points (for 1 year)
8.
LOSAP Committee
25 points
9.
Committee Chair
10 points (maximum — 10)
10.
Committee Member
2 points (maximum — 8)
11.
EMT
15 points
12.
First Responder
(for paragraphs 1, 2 and 3 only)
10 points
(a)
Must complete 1 full year of elected position
(b)
Points awarded for 1 position only
b. 
Fire Calls
Active — 60%
30 points
Active Exempt — 25%
30 points
c. 
FHFC First Aid Emergency Response
1.
60 — 74
10 points
2.
75 — 100
15 points
3.
101 — 150
20 points
4.
151 — 175
25 points
5.
175 — 200
30 points
6.
201 —
35 points
d. 
Drills, Meetings, and Training
1.
Drills
1 point (max — 12)
2.
Meetings
1 point (max — 12)
3.
Stand-by (Minimum 2 hours)
2 points (max — 12)
4.
Snow Removal (Min. 2 hours)
2 points (max — 12)
5.
Fire Prevention
2 points (max — 6)
6.
Memorial Service
2 points
7.
SCBA Recertification
5 points
8.
Completion of Fire Fighter I
40 points
9.
Completion of Fire Fighter II
30 points
10.
CEU Courses (Min. 2 hours)
2 points (max — 12)
11.
Work Nights
(approved by Chief-Equipment Maintenance/Fire House Maintenance)
2 points (max — 10)
e. 
Miscellaneous Activities.
1. 
All fund raising activities — 2 points for 2 hours minimum of participation for a maximum of 40 points.
2. 
Participation in other activities listed below — 1 point for 2 hours of activity for a maximum of 20 points.
(a) 
Parades.
(b) 
Fire Prevention.
(c) 
Storm/Snow Watch.
(d) 
Upkeep of Grounds.
(e) 
Road Races.
(f) 
Fireworks.
(g) 
Special Assignments.
(h) 
Football Games.
f. 
Special Duty.
1. 
Members called to active duty shall be credited for military service time.
2. 
Any active member that becomes temporarily disabled during any calendar year due to fire related injury may receive up to 60 points credit.
g. 
Length of Service.
1. 
One point per year starting at 10 years (maximum 30 points).
[Ord. No. 485 § 9]
The maximum contribution for each active volunteer member shall be $1,150 per year of active emergency service, subject to periodic consumer price index increases pursuant to N.J.S.A. 40A:14-185.
[Ord. No. 485 § 10]
A copy of this section (ordinance), once approved by the voters pursuant to the public question required by P.L. 1997, c. 388, shall be filed with the Division of Local Government Services within 30 days of the date of the referendum.
[Ord. No. 485 § 11]
All provisions of the Emergency Services Volunteer Length of Service Award Program Act, P.L. 1997, c. 388, and regulations promulgated herewith, N.J.A.C. 5:30-14.1 et seq., as well as any revisions, amendments or additions to the Act or the regulations, are hereby incorporated by reference and made a part of this ordinance.
[Added 12-14-2020 by Ord. No. 2020-14]
In consideration of the fact that there are certain events or effects that cannot be reasonably anticipated or controlled by the Borough, the Governing Body shall have the authority to amend the LOSAP point totals by way of a resolution approved by Governing Body. Said amendments to the LOSAP point total shall only be to lower the required point total to take into consideration unforeseeable circumstances that prevents eligible Fair Haven Volunteer Fire Co. #1 and the Fair Haven First Aid Squad from reaching the minimum LOSAP point total set forth in § 2-51.2.
[Added 12-14-2020 by Ord. No. 2020-14]
The Governing Body shall have the authority to appoint, through resolution, any of the New Jersey approved LOSAP providers.
[2002 Code § Title 3; Ord. No. 12-11-06(B); Ord. No. 2007-6; Ord. No. 2008-3 § II; Ord. No. 2008-18; Ord. No. 2010-01; Ord. No. 2010-20; Ord. No. 2010-35; Ord. No. 2011-11; Ord. No. 2012-07; Ord. No. 2013-02; Ord. No. 2013-21; Ord. No. 2016-05; amended 12-19-2022 by Ord. No. 2022-18; 4-17-2023 by Ord. No. 2023-06; 4-17-2023 by Ord. No. 2023-04]
2-56.1 Fee Schedule
Description
Section Number
Amount
Alarm system per calendar year: (Fines restated at subsection 4-8.7)
First and second false alarm
4-8.7a
Warning only
Third false alarm
4-8.7b
$50
Fourth or subsequent false alarm
7-8.7c
$100
Monitoring
$5/month
Alcoholic beverage license: (Fees restated at subsection 6-3.7)
6-3.7
Plenary retail consumption license
$2,500 per year
Plenary retail distribution license
$2,500 per year
Club license
$188 per year
Animals: (Fees restated at subsection 5-13.4)
Animal impoundment
5-13.4
$75 - $250
Animal redemption
$75 - $250
Boat launch and river access permit:
(Fees restated at subsection 9-3.6
Standard fee
9-3.6
$100 per year for residents
$200 per year for nonresidents
Canoes, kayaks and shells
9-3.6
$50 per year for residents
$100 per year for nonresidents
Persons 65 years or older
9-3.6
$25 per year for residents
$50 per year for nonresidents
Active or active-exempt member of Volunteer Fire Company or First Aid Squad
9-3.6
No Fee
Single day pass
9-3.6
$25 per day for residents
$50 per day for non residents
Commercial entity - All watercraft
9-3.6
$100 per day
$300 per year
Brush (Fees restated at subsection 16-5.1) Brush Code Violation
16-5.1c
1st offense Warning
2nd offense $100
3 or more offenses mandatory court appearance
Cats (Fees restated at subsection 5-9.7)
License
5-9.7
Spayed, neutered
$10 per year
Not spayed, neutered
$15 per year
Delinquent fee
$5 per month delinquent
Clerk
Raffle License
$20 per occasion
Bingo License
$20 per occasion
Development Regulations Code Book
$40 minimum
$100 maximum
Borough Code Book
$80 minimum
$350 maximum
Copies (charges for copies will only be assessed if the total charge exceeds $1)
$0.05 per page/letter
$0.07 per page/legal
Food Handlers License (Fee restated at subsection 4-3.1(l))
4-3.1(l)
$25 minimum
$1,000 maximum
Construction permits
Fee schedule
11-1.3
See subsection 11-1.3
Surcharge fee (Fee restated at subsection 11-1.3b1(c))
11-1.3b1(c)
$0.0250 per cubic foot of volume of new construction
Development fees
30-3.14
See subsection 30-3.14
Dogs (Fees restated in subsection 5-2.1a and 5-3.5b)
License
Spayed, neutered
5-2.1a
$15 per year
Not spayed, neutered
5-2.1a
$20 per year
Delinquent fee
5-2.1a
$5 per month delinquent
Unlicensed Animal Violation
$50
Barking/Crying Dog Violation
5-3.5b
1st offense $25
2nd offense $50
3rd offense $75
4th offense $100
Additional-Court Appearance
Engineering (Fees restated at subsection 30-3.14m)
Professional Services for Applications to the Planning Board or Zoning Board per MLUL N.J.S.A. 40:55D-53.2 (charged to escrow accounts)
30-3.14m
$130-180/hour
Engineering Inspection Certificate Fee (prior to issuance of Certificate of Occupancy)
30-3.14m
$150
Reinspection Fee
30-3.14m
$75
Site Visit Inspection
30-3.14m
$150
Engineering Development Fee Review
30-3.14m
$300
Resubmittal Review
30-3.14m
$75
Fire code
Annual inspections
See 12-1.11
Permits (Fees restated at subsection 12-1.12)
12-1.12
Type 1
$54
Type 2
$214
Type 3
$427
Type 4
$641
Type 5
Reserved
Floodplain Development Permit Review
$300
Per inspection Fee
$100
Garage sale (Fees restated at subsections 4-6.2, 4-6.7)
License
4-6.2
$5 for seniors
$7 non-seniors
Town wide Yard Sale
4-6.2
$10
Sign posting violation
4-6.7
$25
After Fact Garage Sale License Penalty
4-6.2
$20
Landscaper and Tree Removal Registration
4-10.3
$25 annually
Licensing
Licenses
Religious, charitable, educational or political solicitor
4-1.14a
$10 per year, or
$5 for 1 week, or
$2 for 1 day
Peddler
4-1.14b
$25 per year, or
$10 for 1 week, or
$5 for 1 day
Park and Facility Usage: (Fees restated at subsection 9-2.7)
Outside Vendor Facility fee
10% of the registration fee. Minimum $10 per registrant
Community Center/Concession Stand Meeting Room/Bicentennial Hall - Meetings
9-2.7a
$25 per day
Borough recognized 501(C)3 groups may be considered for an exemption
Community Center/Concession Stand Meeting Room-Camps & Instructional Workshops
9-2.7b
$0 minimum, $100 maximum
Athletic Field Usage - Single Use/Seasonal
$50 per use (2 hours)
Athletic Field Usage - Tournaments
9-2.7d
$500 maximum per season (10 uses); 100 minimum - $500 maximum/per field/per day
Borough Organizations recognized by the Recreation Committee
$5 per participant per season
Community Garden Plot
$60 annually
Parking violations (Fees restated at subsections 7-11b, 7-12b, and 7-15c)
Overnight parking
7-15c
$25
Prohibited parking
7-11b
$35
7-12b
$35
Portable Storage Containers (Fee restated at subsection 30-7.15c3)
30-7.15c3
$50 application fee; $250 after the fact permit
Dumpsters
$100 application fee; $250 after the fact permit
Public Defender (Fees restated at subsections 2-33.3b and 2-33.4)
Fee
2-33.3b
$200 per defendant
Reimbursement
2-33.4
$150 per case
Publications
Newsletter advertising fee (Focus on Fair Haven)
$150/6 month
Calendar Advertisement
$300
Recreation: (Fees restated at subsection 9-5.1)
Administrative Fee
0-$20 per program/activity
Fair Haven Rec N Crew Camp
9-5.1a
$150 minimum for program $250 maximum
Additional Borough-run Camp Programs
9-5.1c
$5 minimum per camp; $400 maximum per camp
Senior Citizen Programming and classes
9-5.1d
Maximum $100
Instructional Programming
9-5.1e
Maximum $150
Late Fee based on the parameters of the Parks and Recreation Director
$25
Special Events
Up to 100 participants $250
101-250 participants $350
251-750 participants $500
751+ participants $1,000
Refuse: (Fees restated at subsections 16-2.3d, 16-4.1 and 16-4.1b)
Tipping Fee for additional trash receptacles
16-2.3d
$400 per year for residential
$400 per year for commercial
Bulk Waste Pick Up Fee
16-4.1b
$50 for up to 5 bulk items, plus $10 for each additional item
Appliance Disposal Fee
16-4.1b
$25 for each appliance
Registrar Certified Copy
$15
Returned Check Fee (Fee restated at subsection 2-56.3)
2-56.3
$20
Sidewalk cafe or restaurant (Fees restated at subsection 4-2.3)
Application fee
4-2.3
$50
Renewal of license (per year)
4-2.5
Street Openings: (Fees restated at subsections 15-1.5 and 15-1.25e2)
Street Opening Permits
15-1.5
$250 application fee per application;
$300 inspection fee per application
Excavating repaved street during five-year restriction period (non-emergency)
15-1.25e2
$1,000 for the first 2 years and $500 for years 3 through 5
Tax
Tax Search
$10
Assessment Search
$10
Tree Removal Permit (Fees restated at subsection 14-8e1)
14-8e1
The greater of $25 per tree or $150
Zoning Permit Application (Fees restated at subsection 30-3.14a)
30-3.14a
Residential - $100
Commercial - $200
New Dwelling - $200
[Ord. No. 492; Ord. No. 496; Ord. No. 12-11-06(B); Ord. No. 2008-03 § II; New; Ord. No. 2010-01; Ord. No. 2010-20; Ord. No. 2010-35]
a. 
Certified Copy of Marriage Certificate $15.
b. 
Certified Copy of Birth Certificate $15.
c. 
Certified Copy of Death Certificate $15.
d. 
Correction of Birth, Death, Marriage Certificate $10.
e. 
Domestic Partnership Certificate $10.
[Ord. No. 472; Ord. No. 2008-18]
a. 
Service Charges. Whenever a check payable to any account of the Borough of Fair Haven is returned for insufficient funds, a service charge of the amount charged to the Borough by the depositories will be charged; together with a $20 administrative fee shall be added to the account. The service charge shall be paid and credited before any other payment on the account is accepted and credited. (Fee restated at 2-56.1, Fee Schedule.)
b. 
Unpaid Service Charges. Unpaid service charges shall become delinquent and, when applicable, a lien against property, to be enforced in the same manner as other liens.
[Added 11-12-2019 by Ord. No. 2019-14]
The following nonrefundable permit fees are established and shall be collected by the Borough Clerk before issuing a permit:
a. 
Unless a specific fee is established hereinafter, the permit fee shall be $200.
b. 
Moving building along a street: $1,000.
c. 
Discharge of a sump pump drain, roof drain or area drain into the public right-of-way where no connection to the public stormwater connection system is proposed: $200. (Subsection d below applies if a connection is proposed.)
d. 
Connecting to the sanitary sewer or stormwater collection system: $200, and where a pavement opening is required, $25 additional for each 100 square feet, or fraction thereof, of area disturbed.
e. 
For construction or replacement of curbs, sidewalks or driveway aprons: greater of $200 or $1 per linear foot of curb plus $0.50 per square foot of sidewalk and driveway apron.
f. 
For other excavations or occupancies which disturb improvements, such as utility connections: $200, plus $25 additional for each 100 square feet, or fraction thereof, of area disturbed.
g. 
For utility infrastructure installation, repairs, upgrades, or replacements: $200, plus $0.50 per linear foot of utility main installed, repaired, upgraded, or replaced. For the purposes of the fee calculation, linear footage of directional drilling, microtunneling, jack and bore, moling or other trenchless installation shall be included.
[Ord. No. 508 § 1]
The Borough Council of the Borough of Fair Haven shall by ordinance establish titles for public employment by the Borough of Fair Haven and salary ranges for Borough of Fair Haven employees.
[Ord. No. 508 § 2]
The Borough Council of the Borough of Fair Haven shall by resolution adopt and amend from time to time personnel policies and procedures including rules concerning the hiring and termination of employees, terms and conditions of employment, and regulations required to comply with applicable Federal and State employment related law. The personnel policies and procedures adopted pursuant to the resolution(s) shall be applicable to all officials, appointees, employees, prospective employees, volunteers and independent contractors of the Borough of Fair Haven.
[Ord. No. 508 § 3]
The Borough Administrator shall be responsible for implementing and enforcing the personnel practices adopted by ordinance or resolution authorized pursuant to this section. If there is a conflict between the personnel practices and any duly adopted and lawful collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law shall prevail. In all other cases, the practices adopted pursuant to this section shall prevail.
a. 
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
1. 
Borough Administrator.
2. 
Borough Prosecutor.
3. 
Borough Engineer.
4. 
Municipal Court Judge.
5. 
Municipal Prosecutor.
6. 
Municipal Public Defender.
7. 
Mayor and Council Members.
b. 
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
1. 
Tax Collector.
2. 
Chief Financial Officer.
3. 
Construction Code Official.
4. 
Code Compliance Officer.
5. 
Qualified Purchasing Agent.
6. 
Tax Assessor.
7. 
Borough Clerk.
8. 
Licensed Uniform Subcode Inspector.
9. 
Superintendent of Public Works.
10. 
Borough Court Administrator.
11. 
Recreation Director.
c. 
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2010-25]
a. 
Introduction. The following is the Attendance Policy for elected and appointed officials for the Borough of Fair Haven.
b. 
Vacancy Due to Change to Nonresident Status or Upon Resignation; Filling; Municipal Offices Open to Nonresidents. As per N.J.S.A. 40A:9-11, whenever a County or municipal officer, who is required to be a resident shall cease to be a bona fide resident of the County or municipality, as the case may be, or whenever the resignation of any such officer shall have been accepted by the proper authority, his office shall immediately be deemed to be vacant. The County or municipality, by the proper authority, shall thereupon proceed to fill the vacancy in the manner prescribed by law. A nonresident of any municipality may hold office as counsel, attorney, engineer, health officer, auditor or comptroller of such municipality and no such office shall be deemed vacated by a change of residence of any such person.
c. 
Vacancy from Any Cause Other Than Expiration of Term or Filing of Petition for Recall. As per N.J.S.A. 40A:9-12, in any County or municipality, whenever a vacancy in office occurs from any cause other than expiration of the term of office or the filing of petition for recall, such vacancy shall be filled in the manner prescribed by law.
d. 
Vacancy Deemed on Resignation, Incapacity, Death, Residence, Absence, or Removal; Filling Unexpired Term. As per N.J.S.A. 40A:9-12.1: The office of any person appointed to a specified term, with or without compensation, by the Governing Body or chief executive of any local unit, including persons appointed to any board, committee, commission, authority or other agency of one or more local units, shall be deemed vacant:
1. 
Upon its being so declared by judicial determination;
2. 
Upon the filing by such officer of his written resignation;
3. 
Upon the refusal of a person designated for appointment to such office to qualify or serve;
4. 
Upon the determination of the appointing authority that such officer shall have become physically or mentally incapable of serving;
5. 
Upon the death of such officer;
6. 
Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such officer no longer resides within the corporate limits of the local unit or other designated territorial area;
7. 
In the case of a member of a board, committee, commission, authority or other agency, whenever the member, without being excused by a majority of the authorized members of such body, fails to attend and participate at meetings of such body for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination; provided, further, that such board, committee, commission, authority or other agency may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness; provided, however, that nothing in this subsection shall preclude a municipal appointing authority from adopting by ordinance a policy establishing a lower absentee threshold, provided that the ordinance shall not permit the removal of the member if the member has been absent for less than six consecutive weeks, or three consecutive meetings, whichever shall be of longer duration, without being excused, within the term of office for the position held by the individual;
8. 
Upon the removal of such officer for cause in accordance with law, or for any other reason prescribed by law.
Whenever any of the above shall occur the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law; provided, however, that in the case of a person failing to qualify or refusing to serve pursuant to subsection c., such office shall not be deemed vacant, if the incumbent officeholder is authorized by law to continue in such office until a successor is appointed and qualifies therefor.
e. 
Absences. Elected and appointed officials shall make every effort to attend meetings. The following is a list that constitutes excused absence:
1. 
Personal illness
2. 
Family emergencies
3. 
Military absences
4. 
Family weddings
5. 
Family graduation exercises
6. 
Bona fide business and vacation trips constitute good cause
7. 
Jury duty
8. 
Death
9. 
Child birth
10. 
Pandemic
11. 
Religious festivities or events
12. 
Classes for certification or Borough related business
13. 
Items covered under Family Leave Act (as amended)
14. 
Any other item taken on a case-by-case basis that the body can vote upon if requested by an absent official at the next official meeting after the absence.
[Ord. No. 2011-13]
If an employee of the Borough is injured while at work, the employee must report the incident immediately to his/her supervisor. An injured employee may be required to be medically examined or treated. After confirmation of workers compensation benefits by the Borough's insurance company, the insurance company shall reimburse to the Borough the maximum allowable benefit (70% of base salary up to a maximum allowed by law), and the Borough shall pay the employee 100% of his/her normal base salary for a period up to four months.
In the event the employee is unable to return to work after the four-month period, and upon approval of the Borough insurance company, the employee shall receive the workers' compensation payments directly from the insurance company. The employee may petition the Mayor and Council for an extension of the four-month period by submitting a written request to the Municipal Clerk. In no event will the full pay benefits exceed a total of one year pursuant to N.J.S.A. 40A:9-7.
[Ord. No. 2014-24; Ord. No. 2016-16]
It is the intent of this section to designate the portions of the rights-of-way set forth below with the tax lot and block specified herein.
Battin Road where it meets the Navesink River
[Ord. No. 2014-24]
Block 26.01, Lot 1
DeNormandie Avenue where it meets the Navesink River
[Ord. No. 2016-16]
Block 48.01, Lot 1
Grange Avenue where it meets the Navesink River
[Ord. No. 2014-24]
Block 24.01, Lot 1
Hance Road where it meets the Navesink River
[Ord. No. 2014-24]
Block 24.02, Lot 1
[Ord. No. 2015-05]
The Council may waive any fee due under the Borough Ordinances, upon the showing of good cause, unless said fee is mandated by State statute.
[Added 9-19-2022 by Ord. No. 2022-14]
a. 
The purpose and intent of these regulations is to abide by the requirements of N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq., governing electronic disbursement controls for payroll purposes.
b. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPROVAL OFFICER
Person(s) responsible for authorizing and supervising the activities of the payroll service.
BOROUGH
Borough of Fair Haven.
PAYROLL SERVICE
Third-party payroll service organization.
[Added 9-19-2022 by Ord. No. 2022-14]
a. 
The Borough is authorized to use a payroll service to prepare payment documentation, take possession of Borough funds, and make such disbursements itself on behalf of the Borough.
b. 
The following payroll service providers shall be required to comply with these regulations:
1. 
Payroll service providers who use their own customized programming process to execute disbursements for the Borough;
2. 
Payroll service providers who use a third-party processor to execute disbursements for the Borough.
[Added 9-19-2022 by Ord. No. 2022-14]
a. 
The appointment of a payroll service shall be pursuant to the Local Public Contracts Law, see N.J.S.A. 40A:11-1 et seq. and shall require the contractor to do the following, not by way of limitation: data collection, agency report preparation, calculation of withholding, direct deposit of payroll disbursements, and/or transfer of Borough funds to contractor's account for subsequent disbursement of payment.
b. 
Any renewal or extension of a contract under these regulations shall be by resolution.
c. 
The Chief Financial Officer is hereby appointed the approval officer and is responsible for authorizing and supervising the activities of the payroll service and shall further be charged with the reconciliation and analysis of all general ledger accounts affected by the activities of the disbursing organization.
d. 
If required by the contract between the Borough and the payroll service, the payroll service is permitted to hold Borough funds pending transmittal to a payee.
[Added 9-19-2022 by Ord. No. 2022-14]
a. 
A payroll service must meet all of the following requirements:
1. 
Report any irregularities that may indicate potential fraud, noncompliance with appropriate laws, dishonesty or gross incompetence on the part of the approval officer;
2. 
Report circumstances that could jeopardize its ability to continue operations or otherwise interrupt the services provided to the Borough.
b. 
A payroll service must meet the requirements of N.J.A.C. 5:30-17.5, requiring that the approval officer be assured that the servicer has its own internal controls and appropriately guard against theft and other adverse conditions.
c. 
All contracts entered into pursuant to these regulations and the laws authorizing the same shall comply with the requirements of N.J.A.C. 5:30-17.6, which sets out a series of mandatory contractual terms and conditions.
[Added 9-19-2022 by Ord. No. 2022-14]
Upon the adoption of these regulations, the Borough Administrator, with the assistance of the Chief Financial Officer and Borough Attorney, as necessary, is hereby authorized and directed to enter into a contract for payroll service in accordance with all local public contracting laws and N.J.A.C. 5:30-17. Appointment of the payroll service shall be by separate resolution of the Borough.