[New]
This chapter may be cited as the Administrative Code of the
Borough of Highlands and is referred to herein as the code.
[New; Ord. No. O-79-4]
The form of government provided for in this chapter shall be
known as the "Small Municipality Plan "C" adopted pursuant to the
provisions of N.J.S.A. 40:69A-139 et seq.
[New; Ord. No. O-79-4]
The borough shall be governed by an elected council, a mayor
elected at large, and such other officers as shall be appointed pursuant
to this chapter, general law or ordinance. The mayor and council shall
possess all the powers granted or permissible under the laws of the
State of New Jersey.
[New; Ord. No. O-79-4; Ord. No. O-2015-2; Ord.
No. O-2016-3; Ord. No. O-2016-9]
The council shall consist of the mayor and four councilmen.
The mayor and members of the council shall be elected at large by
the voters of the municipality and shall serve for a term of three
years, beginning on the first day of January next following their
election. The mayor and council shall serve without compensation.
a.
In order to establish uniformity in the use and reimbursement of
cell phones for members of the governing body to conduct Borough business,
it is hereby established that members of the governing body, consisting
of the mayor and council, shall be afforded the option of obtaining
a Borough-issued cell phone for their use to conduct Borough business.
The said Borough-issued cell phones shall be paid directly by the
Borough. Should any member(s) of the governing body choose to utilize
their personal cell phone(s) in order to conduct Borough business,
it is hereby established that the Borough will not provide reimbursement
for the same.
[New; Ord. No. O-79-4; Ord. No. O-2015-2]
Vacancies shall be filled in the manner provided by the "Municipal
Vacancy Law," N.J.S.A. 40A:16-1 to -23.
[New; Ord. No. O-79-4]
On January 1 following their election, or within one week thereafter,
the members elect of the borough council shall assemble at the usual
place of meeting of the borough council and organize and elect one
of their number as council president from among its members. The council
president shall serve in place of the mayor in the event of his absence,
disability or refusal to act. At such meeting the mayor shall make
his nominations and appointments.
[New; Ord. No. O-79-4]
The legislative power of the borough shall be exercised by the
council except as may be otherwise provided by general law. The mayor
shall participate and vote as other council members. A majority of
the whole number of the governing body shall constitute a quorum for
the transaction of business but a smaller number may meet and adjourn
from time to time. The mayor shall preside over meetings of the council.
[Ord. No. O-12-3]
a.
Introduction. The following is the educational requirement for elected
officials for the Borough of Highlands.
b.
Purpose. The purpose of this policy is to ensure that the elected
officials of the Borough of Highlands fully understand their responsibilities
and to conduct themselves in an ethical manner at all times.
c.
Basic Requirements. All newly elected officials must attend basic
courses on their responsibilities and obligations (budgeting, policy
setting, local government contracting, etc.). At least one course
must be completed by April 1 after taking office.
Additionally, all elected officials are required to take an
ethics course no later than April 1 after taking office. It is recommended
that they take an ethics course every other year for the duration
of their term.
[Ord. No. O-12-4]
a.
Introduction. The following is the Attendance Policy for elected
and appointed officials for the Borough of Highlands.
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 (6) consecutive weeks, or three (3) 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 paragraph 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.
Childbirth.
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.
[New; Ord. No. O-79-4]
The executive power of the borough shall be exercised by the
mayor. It shall be his duty to see that all laws and ordinances in
force and effect within the borough are observed. He shall address
the council and report to the residents annually and at such other
times as he may deem desirable, on the condition of the borough and
upon its problems of government.
The mayor shall appoint, with the advice and consent of the
council, an assessor, a tax collector, an attorney, a prosecutor,
the clerk, the treasurer and such other officers as may be provided
by this code. The mayor shall also appoint, with the advice and consent
of council, a finance committee of council and such other committees
of council as the mayor may from time to time deem necessary or advisable,
and shall appoint all officers and employees whose appointment or
election is not otherwise provided for by the charter, general law
or this code. In order to provide for continuity and stability in
Government, whenever the mayor is required to make an appointment
with the advice and consent of the council, the following procedure
shall be followed:
The mayor shall nominate and, with the advice and consent of
the council, appoint all officers directed to be appointed, including
the filling of vacancies in all appointive offices which shall be
for the unexpired term only. The mayor shall make such nomination
within thirty days after the office becomes vacant. If the mayor fails
to nominate within said thirty days, or the council fails to confirm
any nomination made by the mayor, then after the expiration of the
thirty days, the council shall appoint the officers directed to be
appointed. No appointment shall be made except by the vote of a majority
of the members of the council present at the meeting, provided that
at least three affirmative votes shall be required for such purpose.
There shall be a clerk of the borough appointed by the mayor
with the advice and consent of the council. Prior to his appointment
the clerk shall be qualified by training and experience to perform
the duties of his office. He shall serve at the pleasure of the council
except as otherwise provided by the charter or general law.
The clerk shall serve as clerk of the council. He shall attend
all meetings of the council and keep the minutes of the meetings,
which minutes shall be signed by the officer presiding at the meeting
and by the clerk.
The clerk shall record all ordinances and resolutions adopted
by the council. At the close of each year the clerk, with the advice
and assistance of the borough attorney, shall bind, compile or codify
all the ordinances, or true copies thereof, which then remain in force
and effect. He shall also properly index the record books, compilation
or codification of ordinances.
The clerk shall have custody of and safely keep all records,
books and documents of the borough except those committed by ordinance
to any other office or transferred thereto by the mayor and council.
He shall upon request and the payment of the fees prescribed therefor
by resolution of the council or by law for the use of the borough
furnish a certified copy of any such paper in his custody under the
corporate seal of the borough.
The clerk shall cause the corporate seal of the borough to be
affixed to instruments and writings when authorized by ordinance or
resolution of the council or when necessary to exemplify any document
on record in his office or to certify any act or paper which from
the records in his office shall appear to have been a public act of
the borough or a public document. He 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.
The clerk, subject to the supervision of the mayor and council
shall:
a.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except his own bond which
shall be placed in the custody of the treasurer; of all insurance
policies upon or with respect to risks insured for the benefit of
the borough 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 borough may be a party.
b.
Be the depository for and have custody of all performance bonds running
to the borough as obligee, or any other form of security given by
any contractor, subdivision developer or other persons on account
of work done or to be done in or for the borough.
c.
Have custody of all leases of property owned by the borough.
d.
Report to the council annually at such time as the council may require
on the coverage, expiration date and premium of each surety bond and
contract of insurance; the nature and terms of outstanding leases,
the rent reserved by each and their respective expiration dates.
[New]
In addition to such other functions, powers and duties as may
be prescribed by ordinance, and subject to the supervision and direction
of the mayor and council, the clerk shall:
a.
Perform all of the functions required of municipal clerks by the
General Election Law (Title 19 of the Revised Statues) and any other
law or ordinance.
b.
Serve as registrar of dog licenses.
c.
Administer the provisions of borough ordinances with reference to
the licensing of occupations and activities for which licenses are
required by law or ordinance to be obtained from the clerk.
d.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
mayor and council.
[Ord. No. O-2016-20; amended 5-19-2021 by Ord. No. O-21-18]
The governing body hereby delegates to, authorizes, and provides
authority to the Borough Clerk to issue bingo licenses and raffle
licenses to appropriate organizations as specified in the Bingo Licensing
Law and the Raffle Licensing Law,[1] in appropriate applications in the determination of the
Borough Clerk. Such license issuance will thereafter be reported to
the Borough governing body. A bingo license or raffle license may
be issued for such events to be conducted on Sundays.
[1]
Editor's Note: See N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50
et seq., respectively.
[Ord. No. 71-1, § 1;
& New]
Pursuant to the authority of Chapter 367 of the Laws of 1968
of the State of New Jersey, there is hereby created the office of
administrator of the Borough of Highlands.
[Ord. No. 71-1, § 1;
Ord. 0-94-29; amended 12-21-2022 by Ord. No. 0-22-25]
The term of office of the administrator shall be three years.
Any vacancy shall be filled for the unexpired term.
[Ord. No. 71-1, §§ 3
& 4]
The administrator shall be appointed by the mayor with the advice
and consent of the council. The administrator may be removed by not
less than two-thirds vote of the council and resolution of removal
shall become effective three months after its adoption by the council.
The council may provide that the resolution shall have immediate effect,
provided that the council shall cause to be paid to the administrator
forthwith any unpaid balance of his salary and his salary for the
next three calendar months following adoption of the resolution.
[Ord. No. 71-1]
The administrator may also hold the office of clerk or any other
office or position in the borough for which he may be qualified and
which in the opinion of the appointing authority is not incompatible
or in conflict with his duties as administrator.
[Ord. No. 71-1]
a.
Provide a liaison between the council and the departments, boards
and officials of the government and other boards and bodies carrying
out borough functions.
b.
Act as agent for the mayor and council as the administrative officer
of the borough government.
c.
Integrate and coordinate the functions of all departments.
d.
Have overall supervision of the department of administration within
which department shall be a division of personnel and a division of
purchasing.
e.
Oversee the expenditure programs of each department. No expenditure
shall be made nor incurred, nor shall any bill, claim or voucher be
paid which together with all prior expenditures exceeds the amount
of the appropriation to any department as so reduced.
f.
Assist the mayor in the preparation of the budget for the consideration
of the council. During the month of November in each year the administrator
shall request the chairmen of the respective committees of council
or department heads to submit requests for appropriations for the
ensuing budget year.
g.
Review all disbursements, process all bills and vouchers for payment,
prior to approval by the council.
h.
Prepare agenda for the meetings of the council; refer to the appropriate
department such communications as may, in the judgment of the administrator,
require prompt action by such department.
i.
Advise the council on all background matters as an aid to the establishment
of policy and the carrying out of the functions of borough government
and advise the council and other officials on matters affecting the
public interest.
j.
Receive, distribute and follow up requests for information and complaints
from citizens on all manner of problems, and keep the council informed
on such matters.
k.
Edit and compile releases of information for the public and the press
as directed by the mayor and council.
l.
Advise the council on all matters of administrative organization
and personnel. It shall be his duty to assign office personnel to
the performance of various duties in various departments.
There shall be the following departments in the borough:
There shall be the following separate offices in the borough:
There shall be the following boards and commissions in the borough:
[Ord. No. O-1995-29 § 3; Ord. No. O-2013-28]
a.
The Borough of Highlands hereby incorporates the current Borough
of Highlands Personnel Policy Manual, which the governing body, may
in its discretion change and amend from time to time pursuant to appropriate
resolution of the governing body.
b.
The Borough Administrator is hereby charged with promulgation and
enforcement of the Personnel Policy Manual, along with appropriate
Department Heads, and with recommending timely changes to the Manual
to the mayor and council.
c.
Subject to the provisions of any applicable collective negotiations
agreement, no Borough employee who commences employment on or after
December 1, 2013 shall be entitled to any longevity pay of any kind.
This subsection is intended to set forth the guidelines under
which Borough of Highlands ("borough") vehicles will be authorized
to borough personnel and the guidelines under which borough vehicles
may be used, and shall be read in conjunction with the Motor Vehicle
Policy provisions of the Borough of Highlands Personnel Manual.
a.
Where there is a conflict between this subsection and the Motor Vehicle
Policy adopted simultaneously herewith, and the adopted Standard Operating
Guidelines or other adopted rules and regulations of a department,
or of any county or State Law Enforcement Guidelines, the provisions
of this subsection are superseded by those standards or guidelines.
Further, employees whose employment is regulated by a collective bargaining
agreement ("CBA") are subject only to those provisions of this subsection
not specifically regulated by a CBA.
b.
As used in this subsection, the term "borough vehicle" shall mean
those automobiles, trucks, vans or other self-propelled equipment
owned, rented or leased by the borough and licensed for travel on
a public way.
c.
It is the policy of the borough that certain positions require or
are entitled to employee access to borough vehicles. Said vehicles
are not personal vehicles and are not for personal use. Borough vehicles
should be viewed as belonging to the citizens of Highlands and are
assigned solely for purposes consistent with providing services to
those citizens.
d.
The assignment of borough vehicles is solely in the discretion of
the borough. Borough vehicles available for this purpose may be assigned
in a manner consistent with borough workload and employee function.
The assignment of vehicles may be rescinded by the borough administrator
at any time.
e.
1.
Borough
vehicles may only be used for legitimate borough business. Vehicles
may be taken home only upon the advance approval of the administrator,
except that department heads may also grant temporary approval to
facilitate responses to after-hours emergency calls. When an employee
takes home a borough vehicle, it is to be utilized only for borough
business. The above provision shall not apply to those personnel who
are determined, in the sole discretion of the borough, to be first
responders to borough emergencies, including, but not limited to,
the police chief and fire chiefs.
2.
Borough vehicles shall only be operated by borough employees or officials,
and shall not be used to transport any individual who is not directly
or indirectly related to borough business. Passengers shall be limited
to borough employees and individuals who are directly associated with
borough work activity (borough members, consultants, contractors,
etc.). Family members shall not be transported in borough vehicles.
A Highlands employee who is also employed by another governmental
entity may utilize a borough vehicle for that employment only if the
employment is pursuant to an interlocal agreement between the borough
and the other governmental entity.
3.
Vehicles should contain only those items for which the vehicle is
designed. The borough shall not be liable for the loss or damage of
any personal property transported in the vehicle.
4.
Employees are expected to keep borough vehicles clean and to report
any malfunction or damage to their supervisors immediately.
5.
Employees may not operate borough vehicles under the influence of
alcohol, illegal drugs or prescription drugs or medications which
may interfere with effective and safe operation.
6.
Employees who operate borough vehicles must have a valid motor vehicle
license issued by the state of their current residence and may be
required to provide proof of a valid motor vehicle license annually.
7.
Employees driving borough vehicles shall obey all applicable traffic
and parking regulations, ordinances and laws, including, but not limited
to, laws regarding cellular telephone usage.
(a)
Employees who incur parking or other fines in borough vehicles
will generally be personally responsible for a payment of such fines,
unless the payment of such fines is approved by the borough administrator.
(b)
Employees who are involved in motor vehicle accidents or who
are issued citations for any offense while using a borough vehicle
must at all times follow the procedures set forth in the Personnel
Manual. Failure to do so will be grounds for disciplinary action in
accordance with the Borough of Highlands Personnel Manual or ordinance.
8.
This subsection is intended to provide a basic framework governing
the use of borough vehicles and, as such, cannot contain procedures
governing every situation that might arise. Employees seeking clarification
of or exemption from the provisions of this subsection should contact
the borough administrator, who will provide such clarification and
may authorize exceptions to this subsection under mitigating circumstances.
Such preapproval is required in order to avoid discipline for a violation
of terms hereof.
[Prior subsection 2-7.6 Public Contracting Reform was repealed 9-20-2023 by Ord. No. O-23-19. Prior history includes Ord No. O-11-18.]
[Ord. No. O-13-9 § 1]
All officers and employees becoming hereafter employed by the
Borough of Highlands are hereby required, as a condition of commencing
employment, to be a bona fide resident of the Borough. Failure of
any employee to maintain residency in the Borough, when required to
do so under the terms of this section, shall be cause for removal
or discharge from service.
[Ord. No. O-13-9 § 1]
No current Borough employee shall be affected by the fact of
nonresidence at the time that this section is adopted. However, the
Borough reserves all other rights it may have in regards to such employees'
continued employment, except for any claims the Borough may have against
such continued employment on the grounds of an employee's residency
at the time of the final adoption of this section, except as otherwise
set out herein.[1]
[Ord. No. O-13-9 § 1]
A bona fide "resident" is defined as any person having a permanent
domicile within the Borough of Highlands from the time of posting
or advertising of any vacancy for any position through and including
the date employment commences.
[Ord. No. O-13-9 § 1]
a.
The provisions of this section shall apply to all municipal officers
and employees not otherwise exempt from residency requirements by
N.J.S.A. 40A:9-1.3 et seq., 40A:14-9.1 and 40A:14-122.1 and also shall
not apply to persons rendering special, unique or professional services
to the Borough of Highlands, including but not limited to doctors,
architects, nurses, scientific or chemical analysts, attorneys, accountants,
auditors and planners, Municipal Clerk, Deputy Municipal Clerk, subject
to the requirements set forth in N.J.S.A. 40A:9-133 et seq., and Chief
Financial Officer, subject to the requirements set forth in N.J.S.A.
40A:9-140.1 et seq., and the Municipal Administrator.
b.
Wherever legally permissible, autonomous or semiautonomous municipal
agencies or authorities of the Borough of Highlands shall adhere to
the residency policy set forth in this section when hiring employees,
agents or servants.
c.
Except as may otherwise be required by subsection 2-10.2A of the Borough Code with respect to police positions and candidates for these positions, residency, for purposes of consideration of appointment to the employ of the Borough and inclusion on any Civil Service Commission employment eligibility list for the Borough, shall be as of the date of appointment, and residency must be continuously maintained from the closing date of the examination up to and including the date of appointment to the employ of the Borough.
[Ord. No. O-13-9 § 1]
a.
Where the appointing authority shall determine that there cannot
be recruited a sufficient number of qualified residents from within
the Borough for available specific positions or employments, the appointing
authority may, in its discretion, hire nonresidents for such positions
or employments in the following manner:
b.
When the necessity arises to invoke this section, the hiring authority
shall first appoint all those in Class 1 and then those in each succeeding
class in the order above listed and shall appoint a person or persons
in any such class only to a position or positions of employment or
employments remaining after all qualified applicants in the preceding
class or classes have been appointed or have declined an offer of
appointment. The preference established by this section shall in no
way diminish, reduce or affect the preferences granted pursuant to
any other provisions of the law.
[Ord. No. O-13-9 § 1]
Hereinafter, the Borough shall give preference in promotion
to officers and employees who are bona fide residents of Borough.
When promotions are based upon merit as determined by suitable promotion
tests or other objective criteria, a resident shall be given preference
over a nonresident in any instance when all other measurable criteria
are equal. The preference granted by this section shall in no way
diminish, reduce, or affect the preference granted pursuant to any
other provision of law.
[Ord. No. O-13-9 § 1]
Any requirements concerning eligibility, appointment or promotion
contained in any ordinance or resolution adopted pursuant to this
section shall be subject to any order issued by any court, or by any
State or Federal agency pursuant to law, with respect to a requirement
of action to eliminate discrimination in employment based upon race,
creed, color, national origin, ancestry, marital status or sex, except
that any requirement contained in any such ordinance or resolution
pursuant to the provisions of this section shall continue to apply
notwithstanding any such order.
[New; Ord. No. O-89-3 § 1; Ord. No. O-89-31]
There is hereby created the position of chief finance officer
who shall have all the powers and duties as provided by the statutes
of the State of New Jersey. There shall be a department of finance
which shall have jurisdiction over all business pertaining to finance.
The administrator of the department of finance shall be the chief
finance officer. The offices of the chief finance officer, the collector
and the assessor are assigned to the department of finance for administrative
purposes.
[Ord. No. 85 § 5; Ord. No. O-89-03 § 2; Ord. No. O-89-31]
a.
Chief Finance Officer. Within the department of finance there shall
be a division of the treasury, the head of which shall be the chief
finance officer, who shall serve for a term of one year expiring December
31 of each year. The chief finance officer shall obtain a chief finance
officer's certificate as required by law. The collector, when so designated
by the mayor with the advice and consent of the council, shall be
the acting chief finance officer.
b.
Powers and Duties of the Chief Finance Officer. The chief finance
officer shall be the chief finance officer of the borough and shall
keep and maintain books and records of all financial transactions
of the borough in accordance with the standards and requirements of
the State Division of Local Finance. The chief finance officer shall
have custody of all public moneys of the borough. He shall make monthly
reports to the council of all receipts, expenditures, commitments
and unencumbered appropriation balances. The position of the chief
finance officer supersedes the position of the treasurer. Any regulations,
ordinances or directives inconsistent with this subsection are hereby
amended to replace the title of treasurer with the title of chief
finance officer.
c.
Disbursements. No borough funds shall be disbursed except pursuant
to and within the limits of appropriations made in accordance with
law. All disbursements shall be by bank check or draft signed by the
mayor and countersigned by the treasurer, upon warrant of the chairman
of the finance committee of council and approval of the council.
[New]
Within the department of finance there shall be a division of
tax collection, the head of which shall be the collector. The collector
shall receive and collect all moneys assessed or raised by taxation
or assessment for any purpose. The collector shall enter in suitable
books or other records to be kept by him the sums received each day
together with the account to which each receipt is credited. Within
48 hours after the receipt of any moneys of the borough, or on the
first banking day thereafter, the collector shall deposit such moneys
in the authorized public depository of the borough to the credit of
the appropriate account. He shall report to council at least once
each month at the same time as the treasurer is required to report,
all receipts and deposits and cash on hand belonging to the borough.
Within 60 days after the end of the fiscal year, and at such other
times as may be required by council, the collector shall make and
furnish a detailed and true list of all delinquent taxpayers for the
next preceding year or for such period as council may require.
[Ord. No. 9/18/73 § 1; New; Ord.
No. O-2017-21]
Within the Department of Finance there shall be a Division of
Tax Assessments, the head of which shall be the Tax Assessor. There
are hereby established the part-time office of Tax Assessor and the
part-time office of Deputy Tax Assessor to serve the Borough of Highlands.
Any assessor shall possess a valid Tax Assessor's certificate as provided
by N.J.S.A. 54:1-35.30. The Tax Assessor shall:
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for municipal assessors.
b.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
c.
Maintain a current tax map of the Borough 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.
[Ord. No. O-80-13 § 1; Ord. No. O-95-33 §§ 1, 2; Ord. No. O-97-6; Ord. No.
O-04-08; Ord. No. O-12-24; Ord. No. O-2018-05;
amended 6-5-2019 by Ord. No. O-19-13]
a.
Purpose. The Borough of Highlands seeks to encourage property owners
to improve their property by offering certain tax incentives for limited
periods of time upon completion of improvements or conversion or construction
of structures as defined by law. Any exemption provided by this section
shall not exceed five years. In accordance with N.J.S.A. 40A:21-1
et seq., the eligibility for exemptions provided by this subsection
shall expire in 10 years.
b.
Definition of Terms. Unless otherwise specifically provided in this
subsection the definitions of all words and terms used in this section
shall be those provided in N.J.S.A. 40A:21-1 entitled "the Five-Year
Exemption and Abatement Law" (hereinafter referred to as "the Exemption
Law").
c.
Area in Need of Rehabilitation. In accordance with N.J.S.A. 40A:12A-14
and 40A:21-3 and 40A:21-4, the entire Borough of Highlands is hereby
designated an area in need of rehabilitation.
d.
Eligibility. New construction of four or more single-family homes
that are constructed by the same property owner on contiguous lots,
multiple dwelling, commercial and industrial structures, which qualify
pursuant to the Exemption Law[1] shall be eligible for exemptions from taxation as provided
in this section for improvements, conversions, construction or all
of these. Additionally, any such property seeking an exemption as
provided herein: 1) must not be delinquent in property taxes owed;
and 2) must comply with current Zoning Code[2] requirements. Any property receiving an exemption pursuant
to the provisions herein shall immediately forfeit the exemption should
property taxes on the property become delinquent.
[Amended 2-19-2020 by Ord. No. O-20-06]
e.
Exemptions for Improvements to or Construction of Multiple Dwellings,
Conversions of Other Buildings to Multiple Dwelling Use or the Construction
of Four or More Single-Family Homes That Are Constructed By the Same
Property Owner on Contiguous Lots. The Borough shall provide the following
exemptions to the extent permitted by law and by the provisions of
these sections.
[Amended 2-19-2020 by Ord. No. O-20-06]
1.
Exemptions for Improvements to or Construction of and Conversion
to Multiple Dwellings or New Construction of Four or More Single-Family
Homes That Are Constructed By the Same Property Owner on Contiguous
Lots.
(a)
There shall be an exemption from taxation of improvements to
multiple dwellings or of conversions of other buildings and structures,
including unutilized public buildings, to dwelling use or both.
(1)
Tax exemptions for improvements to multiple dwellings shall
only be available if the number of units within the multiple dwelling
complies with current zoning restrictions either at the time of the
improvements or as a result of the improvements.
(2)
Conversions of structures to multiple dwelling use shall not
be eligible for the exemptions provided herein.
(3)
In determining the value of real property, the Borough shall
regard the Assessor's full and true value of improvements for each
dwelling unit primarily and directly affected by the improvement in
any dwelling more than 20 years old as not increasing the value of
the property for a period of five years. During the exemption period,
the assessment on the property shall not be less than the assessment
thereon existing immediately prior to the improvements, unless there
is damage to the multiple dwelling through action of the elements
sufficient to warrant a reduction.
(b)
Annual abatement amounts.
(1)
There shall be an exemption from taxation for improvements of
the assessed valuation of the new construction of four or more single-family
homes that are constructed by the same property owner on contiguous
lots, provided that the construction is in compliance with the current
Zoning Code.[3] In determining the value of the improvements, the Borough
shall regard the following percentages of the Assessor's full and
true value of the improvements as exempt from taxation for a total
of five years. The exemption period and annual percentage is set forth
below:
|
Exemption Period
|
Annual Percentage
|
|---|---|
|
Year 1
|
30% of the improvements
|
|
Year 2
|
24% of the improvements
|
|
Year 3
|
18% of the improvements
|
|
Year 4
|
12% of the improvements
|
|
Year 5
|
6% of the improvements
|
(2)
In accordance with N.J.S.A. 40A:21-5d, the annual amount of
the abatement shall not exceed 30% of the total cost of the construction
and the total amount of the abatements granted to any single property
shall not exceed the total cost of construction.
2.
Improvements to Commercial and Industrial Structures. There shall
be an exemption from taxation of improvements to all commercial and
industrial structures within the Borough. In determining the value
of real property, the Borough shall regard up to the assessor's full
and true value of the improvements as not increasing the value of
the property for a period of five years, notwithstanding that the
value of the property to which the improvements are made is increased
thereby. During the exemption period, the assessment on the property
shall not be less than the assessment thereon existing immediately
prior to the improvements, unless there is damage to the structure
through action of the elements sufficient to warrant a reduction.
f.
Tax Agreements for Exemption for Construction of Commercial or Industrial
Structures or Multiple Dwellings. Applicants for exemption from taxation
for construction of commercial structures, industrial structures or
multiple dwellings shall comply with the following procedures:
1.
Complete an application that provides the governing body with all
information required by N.J.S.A. 40A:21-9 and its amendments or supplements.
2.
Payment in lieu of taxes.
(a)
After the governing body adopts an ordinance authorizing a tax
agreement for the particular project for which the application has
been made, enter into an agreement with the governing body for tax
exemption which shall provide the applicant to pay the Borough of
Highlands in lieu of full property tax payments an amount annually
to be computed by the tax phase-in basis set forth in N.J.S.A. 40A:21-10c
and below:
(1)
In the first full year after completion, no payment in lieu
of taxes otherwise due;
(2)
In the second full year after completion, an amount not less
than 20% of taxes otherwise due;
(3)
In the third full year after completion, an amount not less
than 40% of taxes otherwise due;
(4)
In the fourth full year after completion, an amount not less
than 60% of taxes otherwise due;
(5)
In the fifth full year after completion, an amount not less
than 80% of taxes otherwise due.
(b)
The governing body shall not be required to enter into any agreement
if the applicant does not agree to the same formula that the Borough
determines is in the best interest of the Borough.
[Ord. No. O-80-13 § 2; Ord. No. O-95-33 § 3; Ord. No. O-12-24]
Such amount as determined in subsection 2-8.5 herein may be deducted from the amount determined by the assessor on October 1 of any year following the date of completion of the improvements to be the true taxable value of the improvements and shall continue to be so treated for each of the five (5) years subsequent to the original determination by the assessor.
[Ord. No. O-80-13 § 3; Ord. No. O-95-33 § 4; Ord. No. O-97-6; Ord. No.
O-12-24]
Additional improvements which are completed during a period
in which the improved property is subject to previously granted extension
privileges shall be qualified for additional exemptions under the
terms specified herein and the applicable statute.
[Ord. No. O-80-13 § 4; Ord. No. O-95-33 § 5; Ord. No. O-04-08; Ord.
No. O-12-24]
No exemption shall be granted or allowed except upon written
application therefor on approved forms and filed with the assessor
within thirty (30) calendar days following the completion of the improvements.
It shall be conclusively presumed that improvements shall be deemed
complete upon the occurrence of the earlier of the following events:
the issuance of a temporary certificate of occupancy, the occupancy
or usage of the premises, or the issuance of a certificate of occupancy.
The Building Inspector shall determine the completion date in accordance
with the above, which decision shall be final, and not be subject
to any appeal.
[Ord. No. O-97-6; Ord. No. O-12-24]
The provisions of N.J.S.A. 40A:21-1 et seq., its amendments
and supplements entitled "The Five Year Exemption and Abatement Law,"
shall apply to those subsections of this section that specifically
refer to said law and shall be applied to this section for any portion
of same that is in need of interpretation.
[Ord. 6/25/56 Art. I § 101]
There shall be a water-sewer utility department, the head of
which shall be the Superintendent.
[Ord. No. 6/25/56 Art.
I § 102]
The water-sewer utility department, under the supervision and
direction of the superintendent shall maintain and be responsible
for the water and sewer utilities of the borough.
[Ord. No. 200; Ord. No. O-07-17]
There shall be a police department of the borough, the head
of which shall be the chief of police.
[Ord. No. 67-8 § 1; Ord. No. O-91-04 § 1; Ord. No. O-01-06; Ord.
No. O-07-17; amended 9-21-2022 by Ord. No. O-22-19]
The police department shall consist of a chief, one captain,
one lieutenant, no more than four sergeants and no more than ten patrolmen.
The borough administrator is designated as the appropriate authority
for the police department and shall be responsible for the overall
performance of the police department. The appropriate authority shall
promulgate and adopt rules and regulations for the governance of the
police department and for the discipline of its members.
[Ord. No. O-13-9]
a.
Applicants seeking to obtain a position in the Borough's Police Department,
who are residents of the Borough, shall be given a preference when
the Borough determines its factors and requirements for filling a
position. The same preference for residents will be included as a
factor when promoting an individual currently within the department.
Notwithstanding, pursuant to N.J.S.A. 40A:14-122.1, residency is not
a condition of employment, but rather residency will be one of various
factors when determining which individual(s) will be offered employment
to become a member of the Police Department.
b.
Classification of Applicants. Before any person shall be appointed
as a member of the paid Police Department, the Appointing Authority
shall classify all the duly qualified applicants for the available
position or positions in the following classes:
1.
Class I: Residents of the Borough of Highlands.
2.
Class II: Residents of Monmouth County.
3.
Class III: Other residents of the State.
4.
Class IV: All other qualified residents.
|
Within each such classification, duly qualified applicants who
are veterans shall be accorded all such veterans preferences as are
provided by law. Persons discharged from the service within six (6)
months prior to making application to such municipality, who fulfill
the requirements of N.J.S.A. 40A:14-10.1 and who thereby are entitled
to appointment notwithstanding their failure to meet the New Jersey
residency requirement at the time of their initial application, shall
be placed in Class III.
|
c.
Order of Appointments. In making such appointments, the Appointing
Authority shall first appoint all those in Class I and then those
in each succeeding class in the order above listed and shall appoint
a person or persons in any such class only to a vacancy or vacancies
remaining after all qualified applicants in the preceding class or
classes have been appointed or have declined an offer of appointment.
d.
Certification of Eligibles for Positions. The classes of qualified
applicants defined by this subsection shall be considered as separate
and successive lists of eligibles, and the Civil Service Commission
shall, when requested to certify eligibles for positions specified
in this subsection, make such certifications from said classes separately
and successively and shall certify no person from any such class until
all persons in the preceding class or classes have been appointed
or have declined offers of appointment.
e.
Applicability. This subsection shall apply only to initial appointments
and to promotional appointments of persons already members of the
Police Department.
f.
Temporary Appointments. In making temporary appointments, the Appointing
Authority shall utilize the classifications set forth herein and shall
classify accordingly all duly qualified applicants for the position
or positions to be temporarily filled.
The chief of police shall be the head of the police department
and shall be directly responsible to the appropriate authority for
the department's efficiency and day-to-day operations.
Pursuant to policies established by the appropriate authority,
the chief of police shall:
a.
Administer and enforce the rules and regulations of the police department
and any special emergency directive for the disposition and discipline
of the department, its members and officers;
b.
Delegate such authority as may be deemed necessary for the efficient
operation of the police department to be exercised under the chief's
direction and control;
c.
Prescribe the duties and assignments of all subordinates and all
other personnel; and
d.
Report at least monthly to the appropriate authority in such form
as shall be prescribed on the operation of the police department during
the preceding month and make such other reports as may be requested
by the appropriate authority.
No person shall be given or accept a permanent appointment as
a police officer in the borough unless such person has first been
given a probationary appointment to such office for a period of one
year and has successfully completed a police training course at a
school approved and authorized by the police training commission in
the Department of Law and Public Safety of the State of New Jersey,
pursuant to the provisions of N.J.S.A. 52:17B-66 and any subsequent
amendments or revisions thereto.
If any member of the police force is injured, ill or disabled
from any cause so as to be physically unfit for duty during the period
of such disability and physical unfitness for duty, where same shall
be evidenced by the certificate of a physician designated by the mayor
and council to examine such person he may grant a leave of absence
with full pay or such proportion thereof as they may fix to such person,
provided no leave of absence with pay shall exceed one year commencing
with the date of such illness, injury or disability.
[Amended 9-6-2023 by Ord. No. O-23-14]
The police headquarters are hereby established in the municipal
building, situated at 151 Navesink Avenue, Highlands, New Jersey which
shall be open for the transaction of business at all hours of the
day and night including Sundays.
It shall be the duty of police officers to preserve public peace
and to see that all laws and ordinances relating thereto are properly
enforced; they shall faithfully and promptly obey all orders, rules
and regulations prescribed and perform such other duties as directed
by the appropriate authority.
Each regular police officer shall hold his office and continue
in his employment during good behavior, efficiency, and no person
shall be removed from office or employment for any other causes than
incapacity, misconduct, neglect of duty, conduct unbecoming a police
officer, disobedience of the rules and regulations established and
hereafter established for the department or absence from duty without
just cause for five days or more.
Any regular member of the department may be suspended, removed,
fined, or reduced from his office or employment, therein, for just
cause upon due notice and service of written charges and a hearing.
This subsection shall not apply to probationary patrolmen.
No member or officer of the police department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the police department's rules and regulations.
The borough administrator, who is hereby designated as the "appropriate
authority" pursuant to N.J.S.A. 40A:13-118, may make such rules and
regulations concerning the conduct and duties of the officers, the
kinds of uniform and insignia to be worn by them and concerning such
other matters as may be necessary for the proper regulation of the
police department and when same have been adopted by the appropriate
authority such rules and regulations shall be binding upon each member
of the department.
a.
Classification of Officers. There are hereby established two classifications
of special law enforcement officers:
1.
Class One. Officers of this class are hereby authorized to perform
routine traffic detail, spectator control and similar duties. Class
One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the New Jersey Statutes.
The use of a firearm by an officer of this class shall be strictly
prohibited, and no Class One officer shall be assigned any duties
which may require the carrying or use of a firearm.
2.
Class Two. Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent regularly appointed
full-time police officer. The use of a firearm by an officer of this
class is authorized only after the officer has been fully certified
as successfully completing training as prescribed by the police training
commission.
b.
Uniforms. The uniform worn by the special law enforcement officer
shall include an insignia issued by the police training commission
which clearly indicates the officer's status as a special law enforcement
officer and the type of certification (i.e., Class One or Class Two)
issued by the commission.
c.
Carrying of Firearms. Special law enforcement officers who are permitted
to carry and return firearms shall do so pursuant to the guidelines
established in N.J.S.A. 40A:14-146.14(b).
d.
Rules and Regulations. Special law enforcement officers shall comply
with the rules and regulations applicable to the conduct and decorum
of the permanent regularly-appointed police officers of the borough,
as well as any rules and regulations applicable to the conduct and
decorum of special law enforcement officers.
e.
Number of Categories of Officers. The number of special law enforcement
officers designated as Class One members shall not exceed ten persons.
The number of special law enforcement officers designated as Class
Two members shall not exceed four persons.
All members of the police department shall provide and maintain
in clean and serviceable condition such wearing apparel and equipment
as shall be prescribed by the police commissioner.
All firearms which may be provided by the borough shall remain
the property of the borough.
All promotions will be made in accordance with current New Jersey
State Department of Personnel Guidelines and procedures.
[Ord. 0-91-05; Ord. O-07-17; Ord. O-09-32]
a.
General. For the convenience of those persons and entities which
utilize the services of off-duty law enforcement officers of the Borough
of Highlands, and to authorize the outside employment of municipal
police while off-duty, the Borough of Highlands hereby establishes
a policy regarding the use of said officers in compliance with N.J.S.A.
45:19-9 et seq., as amended by the Security Officers Registration
Act, P.L. 2004, c.134.
1.
Any and all extra duty assignments for police personnel shall be
determined and approved by the chief of police or his designee. No
police officer shall perform special duty assignments for private
parties for compensation other than through the procedure set forth
in this subsection and in the Police Manual of the Borough of Highlands.
The chief shall obtain such information as he determines necessary
and is authorized to approve such special duty police work in accordance
with this subsection. The chief of police may assign a patrol vehicle
for use in performing extra duty if and in the event it is determined
that the use of a patrol vehicle is necessary to perform the contracted
duty. The chief may deny the assignment or use of police officers
or vehicles and/or impose any conditions or requirements as in his
sole discretion and determination the chief or his designee feels
is in the best interest of the borough and/or the police officers
or public safety. The chief shall be guided by the nature of the assignment
and should avoid those with conflicts of interest and/or high risk
of injury.
2.
Members of the Borough of Highlands Police Department, at their option,
shall be permitted to accept police-related employment for private
employers, who are separate and independent from the Borough of Highlands,
only during off-duty hours and at such time as will not interfere
with the efficient performance of regularly scheduled or emergency
duty of the borough.
3.
The work to be performed shall be considered "special assignment
from independent contractors" and will not be considered a direct
assignment. The taking of any and all extra duty assignments shall
be on a voluntary basis in accordance with a fair and reasonable system
established by the governing body and administered by the chief of
police.
4.
Officers engaged in special duty assignments shall be deemed on-duty
and shall conform to all police department procedures. All such agreements
for special duty assignments shall be contracted for in writing by
the completion of a form available from the police department which
contracts shall be kept on record as other such public documents.
5.
All special duty assignments shall be within the municipality, unless
specific written approval is given by the chief to the officer to
work outside of the municipality. The chief of police may contact
adjoining borough police departments to see if they are willing to
perform such special assignments.
b.
Trust Account and Billing for Services.
1.
To assure the timely payment of wages to police officers who perform
off-duty services, the Borough of Highlands has established a trust
fund known as the "Off-Duty Employment Trust Account," which trust
fund is dedicated for the receipt of fees collected from private persons
or entities for the payment to police officers for off-duty or outside
employment services. The Off-Duty Employment Trust Account shall be
administered by the Finance Office of the Borough of Highlands.
2.
Any person or entity requesting the services of an off-duty law enforcement
officer in the Borough of Highlands shall estimate the number of hours
such law enforcement services are required, which estimate shall be
approved in writing by the chief of police, or his or her designee,
and upon chief of police approval, a copy of said approval shall be
forwarded to the Finance Office of the Borough of Highlands. The person
or entity requesting the services shall then forward payment for services
for the total estimated hours of service, the rates of compensation
and administrative fees as set forth in paragraph c to the Finance
Office for deposit in a trust account within the Off-Duty Employment
Trust Account. In any instance where the number of hours required
is unknown and cannot be reasonably estimated, or is anticipated to
be in excess of ten days, the person or entity requesting the services
of an off-duty law enforcement officer shall deposit an amount sufficient
to cover the rate of compensation and administrative fees set forth
in paragraph c for the equivalent of ten days prior to the commencement
of any work. Any unused portion of the deposit shall be returned or
credited against the final amount owed.
3.
Prior to posting any request for services of off-duty law enforcement
officers, the chief of police or his or her designee shall verify
that the balance in the trust account of the person or entity requesting
services is sufficient to cover the compensation and fees for the
number of hours specified in the request for services. The chief of
police or his or her designee shall not post a request for services
from any person or entity unless all fees and compensation required
in the manner described above have been deposited in the Off-Duty
Employment Trust Account. All payments must be remitted directly to
the borough for said account. No officer shall be paid directly by
any employer for requested services nor provide any such services
for more hours than are specified in the request for services.
4.
In the event of an unforeseen emergency situation requiring an officer's
services when funds have not been posted, the chief of police or his
or her designee may waive the requirement for posting funds in advance
for any person or entity exhibiting a previous satisfactory payment
history. However, payment for the services and/or posting of funds
for any additional services shall be made by the person or entity
requiring the service within 48 hours.
5.
In the event the funds in such a trust account should become depleted,
services of off-duty law enforcement officers shall cease, and further
requests for further or future services shall not be performed or
posted until additional funds have been deposited in the trust account
in the manner prescribed above. In the event of an unforeseen emergency
situation that would require an officer to remain beyond the time
for which funds have been posted, the chief of police or his or her
designee may waive the requirement for posting additional funds after
the first ten hours for any person or entity exhibiting a previous
satisfactory payment history. However, payment for the additional
hours shall be made by the person or entity requiring the extended
service within 48 hours.
6.
The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the trust account in
order to avoid any interruption of services.
7.
All payments for special duty assignments shall be made through the
special police fund established by the borough's chief financial officer
from which payments shall be made to the individual police officers
performing such services. All payments from the trust fund shall be
made to the police officers subject to required deductions and an
administrative fee to be retained by the borough. The charges for
such service shall be set forth annually, or as otherwise provided
in a resolution adopted by the governing body. Any dispute between
the contractor and the police officer on assignment as to services
required or compensation due shall be determined by the chief. His
decision shall be final and binding.
8.
Exemption. All nonprofit entities, including public school districts,
are exempt from the provisions set forth in this section requiring
advance payment to the trust account; providing, however, that there
are no amounts previously due that are outstanding for a period in
excess of 30 days. Any such delinquent balances shall require advance
payment of the amount outstanding prior to any officer engaging in
any further off-duty assignments.
c.
Rates of Compensation; Administrative Fee; Payment for Services.
[Amended 6-16-2021 by Ord. No. O-21-27]
1.
The rate of pay for officers performing Borough-administered off-duty
work will be $65 per hour and $75 per hour for holidays, weekends
and for the hours between 5:00 p.m. and 7:00 a.m.
2.
An additional fee of $10 per officer hour is hereby established to
cover the administrative costs, overhead and out-of-pocket expenses
of the Borough of Highlands.
3.
A minimum four-hour charge shall be paid by the entity utilizing
Highlands' Officers for Special Duty Assignments.
4.
Any assignment which is canceled on less than two hours' notice will
result in the contracting party being charged for four hours.
d.
Requests for Services.
1.
Any person or entity wishing to employ off-duty police shall first
obtain the approval of the chief of police or his or her designee,
which approval shall be granted if, in the opinion of the chief of
police or his or her designee, such employment is necessary and would
not be inconsistent with the efficient functioning and good reputation
of the police department and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work.
2.
The chief of police has the authority to order any police officer
to vacate or terminate any special duty assignment in response to
emergency situations or whenever the assignment creates an unacceptable
risk to heath, safety and welfare of the police officer and/or public
in the sole determination and discretion of the chief. The contractor
shall not be responsible for any compensation for the time that the
police officer is away from the special duty assignments and shall
have no claim for any costs or damages against the municipality, the
chief, or the police officer arising from the termination for special
duty assignment other than the prorated return of any costs prepaid
to the borough.
3.
The contractor for services shall be responsible to provide to the
chief and borough administrator all necessary insurance coverage as
required by law, including but not limited to, worker's compensation,
public liability, and claims for damage, for personal injury including
death or damage to property which may arise as a result from the officer's
performance under the contract.
4.
The borough shall be responsible to provide all necessary insurance
coverage as required by law including, but not limited to, worker's
compensation, public liability and claims for damage, for personal
injury, including death or damage to property which may arise as a
result from the borough's performance under the contract — said
insurance being in all respects secondary to the contractor for services
insurance required in paragraph 3 above.
5.
Copies of any "special duty/extra duty assignments" shall be provided
by the chief to the borough administrator simultaneously with their
being entered into. All special duty/extra duty requirements shall
provide the information called for in the Police Manual, Section 4.
[Ord. No. O-2016-24]
a.
Position Created. The position of Police Chaplain for the Borough
of Highlands Police is hereby created in accordance with N.J.S.A.
40A:14-141. The position shall be a volunteer position. The position
of police chaplain shall be subject to the control of the chief of
police.
b.
Appointment. The chief of police shall recommend to the Borough administrator,
person(s) that he/she believes meets the qualifications of N.J.S.A.
40A:14-141 as well as the rules and regulations of the Borough of
Highlands Police Department with reference to chaplains, if any. All
applicants for the position of chaplain shall be reviewed by the chief
of police and Borough administrator to determine his/her qualifications
are in accordance with this subsection and shall make recommendations
to the mayor and council. The mayor and council shall appoint chaplains
in accordance with this subsection and in accordance with N.J.S.A.
40A:14-141.
c.
Qualifications. Any person appointed as chaplain shall be an ordained
clergyman in good standing in the religious body from which he/she
is selected. The chaplain shall be a certified police chaplain credentialed
in accordance with the rules and regulations of the Borough of Highlands
Police Department and shall be qualified in accordance with N.J.S.A.
40A:14-141.
d.
Duties. The duties of the police chaplain shall include, but not
be limited to, assisting the Borough of Highlands Police Department
in any duties that may be assigned by the chief of police that pertain
to the police chaplaincy.
e.
Any person appointed as chaplain shall serve in that capacity without
rank or salary. The position will be a volunteer position.
f.
Term. A person appointed as chaplain shall serve from the date of
appointment and shall continue to serve in that capacity until he/she
is terminated, resigns or retires from that position. The chief of
police shall be notified and consulted should any of these options
be exercised.
[Added 9-7-2022 by Ord. No. O-22-17]
Pursuant to N.J.S.A. 11A:4-1.3, entry-level law enforcement
officers may be appointed by the Borough Administrator upon the recommendation
of the Chief of Police without taking a Civil Service examination,
so long as the individual has successfully completed a full Basic
Course for Police Officers training course at a school approved and
authorized by the New Jersey Police Training Commission. Additionally,
temporary entry-level law enforcement officers may be appointed by
the Borough Administrator upon the recommendation of the Chief of
Police without taking a Civil Service examination, so long as the
individual successfully completes a full Basic Course for Police Officers
training course at a school approved and authorized by the New Jersey
Police Training Commission within nine months from the date of hire
as a temporary entry-level law enforcement officer; upon successful
completion of the training course, the temporary entry-level law enforcement
officer shall be appointed as a permanent entry- level law enforcement
officer.
[New]
There shall be a fire department of the borough which shall
consist of the Star Hook and Ladder Company and the Columbia Hose
Company and such other companies as may be approved by the borough
council.
[New]
The volunteer fire companies shall be organized and regulated
in accordance with their bylaws. Notwithstanding anything contained
in said bylaws to the contrary, membership of any duly formed volunteer
fire company operating within the Borough of Highlands may consist
of up to 60 members. The fire department shall have exclusive control
over all fires within the borough and shall have access to the borough
water supply system serving the borough through its fire hydrants
for the purpose of extinguishing fires.
[New]
Pursuance to R.S. 40:47-52, et seq., a fireman otherwise qualified
who has performed 60 percent of the fire duty in the department during
each of seven years, shall be entitled to the issuance of an exempt
fireman certificate and all of the rights and privileges incident
thereto. Sufficiency of service shall be established by records of
the department filed annually with the borough clerk. Such records
shall be verified pursuant to R.S. 40:47-55.
[Ord. 0-80-14, § 1; Ord. 0-99-1; Ord. 0-00-04;
Ord. O-11-21]
Candidates for membership must not be less than 18 or more than
46 years of age (unless they have served as a volunteer firefighter
previous to his/her 46th birthday), and must be of good moral character,
pass a satisfactory physical examination by a designated physician,
and must have been either: a resident of the Borough of Highlands
not less than one year prior to submission of the application, or
work in the Borough of Highlands, or have otherwise shown an ability
or circumstances allowing the prospective member to respond to emergencies
within the Borough of Highlands.
[Added 9-18-2019 by Ord.
No. O-19-15]
The Fire Department shall designate a Custodian of Records who
shall have custody of and safely keep all records, books and documents
of the Fire Department. Requests for public records of the Fire Department
shall be directed to the Custodian of Records. The Custodian of Records
shall be responsible for responding to requests for public records
of the Fire Department.
[Added 9-6-2023 by Ord. No. O-23-17]
a.
On the
first day of each month, the Highlands Fire Department shall provide
a written report to the Borough Administrator which provides the following
information:
1.
The number
of calls from the Highlands Fire Department related to fire emergencies;
2.
The number
of calls from the Highlands Fire Department related to car accidents;
3.
The number
of calls from the Highlands Fire Department related to assisting the
Borough of Highlands Police Department;
4.
The number
of calls from the Highlands Fire Department related to assisting the
Borough of Highlands First Aid Squad;
5.
The number
of calls from the Highlands Fire Department related to boat rescues;
6.
A list
of all training completed by each member of the Highlands Fire Department
including the course name, course agency, member name, and the date
and time of the training.
7.
A list
of all vehicles owned and/or utilized by the members of the Highlands
Fire Department during volunteer duties and obligations. This does
not include a member’s personal vehicle used outside of the
duties and obligations of the Highlands Fire Department. The list
must include the make, model, year and mileage of each vehicle.
[New]
There shall be a department of buildings and housing. The administrator
shall, within the limits permitted by the organization of the borough
government, coordinate the various inspection functions, such as building
inspection, housing inspection and plumbing inspection.
[Ord. O-70-8, §§ 1—3; Ord. O-1-80, §§ 1—3;
Ord. O-07-27; Ord. No. O-2015-24; amended 4-1-2020 by Ord. No. O-20-10]
Within the Department of Buildings and Housing there shall be
a Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer to enforce
all the ordinances of the Borough pertaining to land and buildings,
including but not limited to the Zoning Ordinance, the standard of
living ordinance and all such duties as may from time to time be assigned
to the officer by the Governing Body.
The Code Enforcement Officer shall be appointed by the Mayor,
with the advice and consent of the Council.
The Code Enforcement Officer may be a part-time or full-time
position.
The hours constituting such services shall be as hereinafter
fixed by resolution of the Governing Body of the Borough.
The annual salary for the Code Enforcement Officer shall be
established by resolution of the Governing Body, consistent with the
Borough's Salary Ordinance.
Within the department of buildings and housing there shall be
a building inspector. The building inspector shall not serve as the
zoning officer. He shall have the following powers and duties:
a.
Enforce the building code and have all the powers, functions and
duties prescribed by general law and ordinances.
b.
Keep a record of his proceedings, a permit book and a complaint book,
all of which shall be subject to inspection. He shall report regularly
to the mayor and council, at their direction, the number of permits
issued, the estimated cost of such work and the fees received and
paid by him to the treasurer.
The zoning officer shall, upon request, report to the proper
official within the department of buildings and housing, or to the
construction official, whether a requested building and/or housing
permit is in conformance with the zoning ordinances. If the zoning
officer finds the requested permit to be contrary to the zoning requirements,
he shall report the same, and advise whether variances, site plan
approval, or other formal approval is necessary prior to the obtaining
of such a permit.
The zoning officer shall be appointed annually, for a calendar
year, by the governing body, and shall be paid in accordance with
the salary ordinance.
Any vacancy in the position of zoning officer shall be filled
by the governing body for the unexpired term.
There is hereby created the office of borough attorney.
The attorney shall be a duly qualified attorney at law of the
State of New Jersey. He shall be appointed by the mayor with the advice
and consent of the council and shall hold office for a fixed term
but not to exceed the term of the appointing authority and until his
successor is duly appointed and qualified. Vacancies shall be filled
for the portion of a term.
The attorney shall be the legal advisor of the council and all
officers of the various borough boards which are not represented by
their own counsel in all matters involving their duties and business
as officers of the borough. The attorney shall perform his duties
in accordance with the laws of the State of New Jersey and ordinances
of the borough.
The office of attorney shall be a part-time office and the attorney
shall receive compensation as prescribed in the annual salary ordinance
adopted by the mayor and council for his attendance and advice at
meetings of the council. He shall receive such other compensation
for additional legal duties performed as authorized by the mayor and
council.
There is hereby created the office of borough engineer.
The engineer shall be a duly-qualified licensed engineer under
the provisions of the laws of the State of New Jersey. He shall be
appointed by the mayor, with the advice and consent of the council,
and shall hold office for a term of three years, and until his successor
is duly appointed and qualified. The first legal appointment pursuant
to this section shall be for a three-year term beginning on January
1, 1989.
The engineer, when authorized by the mayor shall:
a.
Examine, supervise and inspect the installation and construction
of all borough improvements and all other construction projects that
may be performed within the borough except that construction which
falls within the responsibility of the code enforcement officer.
b.
Establish and revise from time to time the standards that are to
be maintained with respect to the installation and construction of
sanitary sewers, water facilities, roads, curbs, and all other borough
facilities.
c.
Revise the assessment maps and other maps and profiles of the borough
as may be necessary from time to time.
The office of engineer shall be a part-time office and the engineer
shall receive no compensation for his attendance and advice at meetings
of the mayor and council. He shall receive compensation for any additional
engineering work performed as authorized by the mayor or council,
which compensation shall be in accordance with the basic fee schedule
adopted by the New Jersey Society of Professional Engineers, Inc.
There shall be a municipal court in the borough pursuant to
the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended
and supplemented, to be known as the "Municipal Court of the Borough
of Highlands". The municipal court shall have a seal bearing the impress
of the name of the court. The court shall be held in the municipal
building or such other place as the council shall designate from time
to time, and shall exercise all of the functions, powers, duties and
jurisdiction conferred upon municipal courts by the provisions of
Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented,
or any other law.
There shall be a municipal judge of the municipal court appointed
by the mayor with the advice and consent of the council. The judge
shall serve for a term of three years from the date of appointment
and until a successor shall be appointed and qualified. The judge
shall have and possess the qualifications, and shall have, possess
and exercise all of the functions, duties, powers, and jurisdiction
conferred by Chapter 264 of the 1948 Laws of New Jersey, as amended
and supplemented, or by general law or ordinance.
There is hereby established the office of municipal court clerk
of the borough, which clerk shall be appointed by the council for
a term of one year. The clerk shall be a legal voter of the borough
and shall, before entering upon the duties of his office, enter into
a bond to the borough as required by law, in such amount and with
such sureties as shall be in accordance with Section 1, Chapter 312
of the Laws of 1952, (R.S. 40A:5-40). The municipal court clerk shall:
a.
Attend all sessions of the municipal court.
b.
Keep the official seal and records of the court.
c.
Collect, receipt for and account to the municipal judge for all fines,
costs, impositions and bail which may be paid into or deposited with
the court.
d.
Assist the judge in the business administration of the court.
e.
Perform such other functions and duties as shall be prescribed for
him by law, by the rules of the State of New Jersey and by the municipal
judge.
The purposes of the environmental commission are to provide
a forum for residents to state their concerns over environmental issues;
to advise the municipality of the impact of State and Federal regulations
involving environmental resources and how those regulations impact
on local development; to aid in developing policies concerning the
protection and use of natural resources, including water resources
located within the territorial limits of the borough.
a.
There is hereby created the environmental advisory commission for
the Borough of Highlands. The commission shall consist of seven members
to be appointed by the mayor with the approval of the governing body.
In the event the mayor fails to name members or names members who
are not approved by a majority of the governing body within 30 days
of any term expiration or vacancy, then the appointment power shall
go to the mayor and council with each having an equal vote and the
position shall be filled by a majority vote of the mayor and council.
b.
Members shall serve for three years each, provided that the members
first appointed shall be appointed two for one year, two for two years
and three for three years so they will serve staggered terms.
Thereafter the successor of each member shall be appointed for
the full term of three years until the appointment and qualification
of his successor.
c.
One of the members shall be a member of the planning board.
d.
The members of the said environmental advisory commission shall appoint
one of its members as chairman to preside at all meetings of said
commission.
e.
A vacancy occurring otherwise than by an expiration of a term shall
be filled for the unexpired term only.
f.
The mayor or borough committee may remove any member of the commission
for cause, on written charges served upon the member and after a hearing
thereon at which the member shall be entitled to be heard in person
or by counsel.
The members of the environmental advisory commission shall serve
without pay. Members may be reimbursed for the actual expenses incurred
in attending meetings and seminars. No member shall be reimbursed
for attending any meeting or seminar, however, except the meetings
of the commission itself in the borough, unless the governing body
approves such reimbursement.
The borough administrator shall make available to the environmental
advisory commission office space and clerical service. Borough officers
and employees shall provide technical assistance when requested. Additional
assistance may be authorized from time to time by the governing body.
The environmental advisory commission shall make studies and
recommendations for effective regulations and effective action relating
to the following subjects:
a.
Clean air.
b.
Clean water.
c.
Controlling noise pollution.
d.
Controlling radioactive pollution.
e.
Landfill procedures and waste disposal options.
f.
Energy conservation and development of alternate energy resources.
g.
Land planning as it relates to protecting the environment.
h.
Encouraging the use of renewable energy sources.
i.
Preserving natural features and historic sites.
j.
Such other related matters as the commission deems relevant to the
foregoing matters.
The environmental advisory commission may recommend the passage of ordinances, public or private voluntary action, long range planning, or any other action designated to achieve the purposes set out in subsection 2-16.1 of this section.
No borough funds shall be spent by the environmental advisory
commission unless specifically authorized by the governing body.
There is hereby created a historical commission of the borough
which shall consist of a chairman and six members. The chairman shall
be designated by the mayor and shall serve for a term of four years,
all others will be appointed with the advice and consent of council.
Of the other six members, two shall serve for a term of three years
from the time of appointment, two others for a term of two years,
and the other two for a term of one year from the time of appointment
so that the terms shall be staggered, with not all vacancies occurring
during the same year.
The members of the commission shall serve without pay and shall
be, or shall have been, residents of the borough who shall be interested
in preserving the cultural history of the borough.
The mayor, borough administrator, and person designated as "local
historian" shall be ex officio members of the commission.
The historical commission shall meet at least once a month,
or upon call by the chairman. Action shall be by majority of all of
the members and a quorum shall constitute a majority.
A lesser number than a quorum may meet for discussions.
The meeting place shall be such as may be determined by the
committee.
It shall be the function of the historical commission to:
a.
Discover and designate those portions of the borough which have a
particular historical significance;
b.
Collect and record the oral history of the borough including its
personages, the unique role of the borough in the history of the county,
State and the country;
c.
Identify and record all people, buildings, sites, places and things
of significant historical value and to aid the public in understanding
their significance and to gather documentation of some related matters;
d.
Undertake to maximize the borough's knowledge and enjoyment of these
historic resources and, as appropriate, promote this asset beyond
the boundaries of the borough;
e.
Advise the governing body on the relative merits of proposals involving
public funds, assist in the gathering of this information and dissemination
of same and of preserving and protecting historic buildings, places
and structures, including the preparation of a long range plan therefor;
securing State, Federal and other grants and aid to assist therein
and monitoring such projects once underway;
f.
Advise and assist borough officials, employees, boards and other
bodies, including these at county, State and Federal levels, on all
matters which have potential impact on the historic buildings, places
and structures in the borough or on the ambiance of a historic district;
g.
Assemble and arrange for the proper care, cataloguing and availability
of materials relevant to the borough's history;
h.
Secure the voluntary assistance of the public in order to effectuate
the purposes of the committee;
i.
Cooperate with local, county, State or national historical societies,
governmental bodies and organizations to maximize their contributions
not the intent and purposes of this section;
j.
Recommend to applicable County, State, and Federal agencies, where
appropriate, recognition of historic districts and historic buildings,
places and structures;
k.
Assist the "local historian" in the performance of, or otherwise
perform those activities set forth in subsection 2-17.6.
The mayor shall appoint a local historian who shall be a resident
and who shall serve without pay.
The duties of the "local historian" are:
a.
To carry out a historical program, including but not restricted to,
collecting, preserving and making available materials relating to
the history of the borough. The historian shall store such materials
in such a manner as to insure their preservation, and shall notify
the State Archivist, New Jersey Historical Commission, County of Monmouth
Historian and local governing body of any materials which should be
acquired for preservation. Upon leaving the position, the local historian
shall turn over all materials and records and reports into the possession
of the successor, if then appointed, or to the governing body until
a successor shall be appointed.
b.
To make an annual report to the borough administrator and the governing
body. A copy shall be furnished to the New Jersey Historical Commission
stating all the work performed and accomplished during that year.
The local historian shall transmit a copy of such report to the New
Jersey Historical Commission.
c.
To serve as a clearinghouse of information and cooperative programs
in the area engaged in local history activities.
d.
To promote greater public awareness and use of the collection and
services of agencies involved in local historical activities.
e.
To promote greater use of local historical and cultural resources
in the schools and libraries.
f.
To cooperate with appropriate local agencies in making surveys of
local historical resources with a view to indemnification of such
resources, improvements of their condition and dissemination of information
about them.
g.
Go undertake, assist and coordinate projects for research, writing
and publication of the history of the borough and region including
the seeking of expert assistance.
h.
To be an advocate for the preservation of historic sites and structures.
i.
To act as a clearinghouse of information and assistance respecting
grant-in-aid programs and other forms of financial assistance available
to historic agencies.
j.
To assist in the collection, preserving and exhibiting of materials
pertaining to local history.
k.
To start and maintain a list of all industrial commercial firms that
have operated in the community for over 100, over 75 and over 50 years;
do the same for all farms now operated by the same family for over
100 and over 75 years; all churches and synagogues; all service organizations,
so as to do a year-by-year chronology starting with 1990: bicentennials,
centennials, golden and silver anniversaries.
l.
To seek the assistance of senior citizen groups to index the extant
State and Federal Census Records for the Borough of Highlands. Especially
the period after 1975.
m.
To start a biographical and pictorial file on the mayors of the community.
n.
To record and map tombstone inscriptions.
o.
To survey all churches over 50 years on their records and endeavor
to obtain the information there for a local reference institution—the
public library or the historical society.
p.
To cooperate with neighboring historians on as many projects as possible
to increase the impact of work.
Pursuant to the provisions of R.S. 44:8-107, et seq., and the
acts supplemental thereto and amendatory thereof, a local board of
assistance for the borough is hereby established.
The local board of assistance shall consist of three members,
at least one of whom shall be a woman, and shall be appointed by the
mayor with the advice and consent of the council.
The term of one member of the board of assistance shall be for
one year and such member only may be appointed from among the membership
of the council. The terms of the other two members first appointed
shall be for one and two years respectively. Thereafter the term of
office all members of the board shall be for two years expiring alternate
years, and each member shall continue in office until his successor
shall be appointed and shall qualify. If any vacancy shall occur on
the board, such vacancy shall be filled in the same manner in which
the original appointment was made but shall be for the unexpired portion
of the term only.
Members of the board of assistance shall serve without compensation
but shall be allowed their necessary and actual expenses.
The local board of assistance and its director of welfare, who
shall be appointed by the board, shall have and perform the powers
and duties prescribed by R.S. 44:8-107, and any amendments or supplements
thereto. He shall be appointed for a term of five years from the date
of his appointment.
Pursuant to the provisions of the Local Housing Authorities
Law of the State of New Jersey (Chapter 14A of Title 55 of the Revised
Statutes) the Housing Authority of the Borough of Highlands is hereby
created and established. The clerk is authorized and directed to file
a certified copy of this section with the Department of Environmental
Protection of the State of New Jersey.
Pursuant to the provisions of Chapter 300, Laws of 1949 of the
State of New Jersey, the housing authority of the borough is authorized
to carry out redevelopment projects, as defined in the law and to
have all the rights, powers, privileges and immunities conferred,
and to be subject to the limitations imposed by such law.
There shall be an advisory board of health in the borough.
The board of health shall consist of seven members who shall
be appointed by the mayor with the advice and consent of the council.
The board of health shall advise the mayor and council on the
health matters of the borough.
There is hereby created an advisory shade tree commission for
the Borough of Highlands. The commission shall consist of five borough
residents to be appointed by the mayor with the approval of the governing
body. In the event the mayor fails to name members or names members
who are not approved by a majority of the governing body within 30
days of any term expiration or vacancy, then the appointment power
shall go to the mayor and council with each having an equal vote and
the position shall be filled by a majority vote of the mayor and council.
All appointments shall be for one year and members shall serve
until their respective successors are appointed and qualified.
The shade tree commission shall advise the mayor and council
concerning:
a.
The planting and care of shade and ornamental trees and shrubbery
now located, or which may hereafter be planted in any public highway,
park or parkway.
b.
The regulation and control of the use of the ground surrounding the
same so far as may be necessary for their proper growth, care and
protection.
c.
The moving or requiring the removal of any tree or part thereof dangerous
to public safety.
d.
The caring for and controlling such parks and parkways; encouraging
arboriculture and the making, altering, amending and repealing any
and all ordinances necessary or proper for carrying out the provisions
hereof.
e.
Administering treatment to or removing any tree situated upon private
property which is believed to harbour a disease or insects readily
communicable to neighboring health trees in the care of the borough
and entering upon private property for that purpose, with the consent
of the owner providing the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture.
[1]
Editor's Note: The Atlantic Highlands-Highlands Regional Sewerage
Authority was dissolved by Ordinance Nos. O-2013-32 and O-2014-01.
[1]
Editor's Note: Former § 2-23, Recreation Committee
(Advisory), was repealed 2-5-2020 by Ord. No. O-20-02.
There is hereby established an organization known as the Highlands
First Aid Squad.
The officers of the squad shall consist of a president, vice
president, secretary and treasurer. The officers are to be nominated
and elected at a regular meeting of the squad in December of each
year, to take office on January 1 of the following year.
The squad shall be entitled to have not more than 30 active
members. Within 60 days from August 21, 1973 the squad shall submit
to the borough clerk a list of its active members not to exceed a
total of 30. Each of such active members shall be over 18 years of
age, have a certificate or card showing successful completion of an
accredited American Red Cross Standard First Aid Course of Instruction.
After a period of 60 days from August 21, 1973 new applications for
active membership shall be submitted to and approved by the mayor
and council. All applicants shall be over 18 years of age, and not
more than 40 years of age, submit to a criminal background check,
be a citizen of the United States and in good condition of physical
fitness to perform the duties of active membership in a first aid
squad in accordance with a certificate to that effect, made and signed
by a properly licensed practicing physician of the State of New Jersey,
after a physical examination for that purpose. In addition, all applicants
shall meet the qualifications prescribed by the New Jersey Highway
Safety Act of 1971, R.S. 27:5F-1 et seq., to be evidenced by a certificate
issued by the borough administrator, who is hereby designated the
certifying officer pursuant to R.S. 27:5F-10. From and after January,
1974, all active members shall comply with the requirements for certification
under the New Jersey Highway Safety Act of 1971. The provisions of
this section shall not prohibit other special classes of membership
in the squad.
The first aid squad in the borough as of August 21, 1973, shall
receive an annual contribution from the borough within the limits
set by the statutes of the State of New Jersey to be paid at such
time as determined by the mayor and council. If requested by the mayor
and council, the squad shall enter into a contract with the borough
to perform the first aid work within the borough.
The first aid squad in the borough shall operate under its own
bylaws unless such bylaws are contrary to this section, in which case
the bylaws shall be amended to comply herewith.
[Added 9-6-2023 by Ord. No. O-23-16]
a.
On the
first day of each month, the Highlands First Aid Squad shall provide
a written report to the Borough Administrator which provides the following
information:
1.
The number
of calls from the Highlands First Aid Squad related to health emergencies;
2.
The number
of calls from the Highlands First Aid Squad assisting the Borough
of Highlands Fire Department;
3.
The number
of calls from the Highlands First Aid Squad related to car accidents;
4.
The number
of calls from the Highlands First Aid Squad related to assisting the
Borough of Highlands Police Department;
5.
A list
of all training completed by each member of the Highlands First Aid
Squad including the course name, course agency, member name, and the
date and time of the training.
6.
A list
of all vehicles owned and/or utilized by the members of the Highlands
First Aid Squad during volunteer duties and obligations. This does
not include a member’s personal vehicle used outside of the
duties and obligations of the Highlands First Aid Squad. The list
must include the make, model, year and mileage of each vehicle.
Any person claiming payment from the borough shall first submit
a detailed statement of the items or demand necessitating such claim
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. No bill, claim or demand shall be considered
for payment unless the voucher has been attached to it (or includes)
a certification of an officer, department head or duly 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. The treasurer-collector shall have the duty to
audit, warrant and make recommendations on all claims and bills.
The bill or claim duly certified shall be presented to the clerk
for inclusion in the agenda of the next immediate formal meeting of
the borough council and it shall be the duty of the clerk to examine
all bills or claims submitted for payment in order to ascertain if
proper administrative procedures have been followed. 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 council.
All claims shall be considered by the borough council which
shall approve the same, except that the borough council may reject
any claim presented to it stating the reason for such rejection. Any
disapproved claim shall be referred back to the borough clerk with
such instructions as the borough council may give at the time of disapproval.
It shall be the duty of the borough clerk to record 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 record as to any claims disapproved bills
or claims shall be available for public inspection.
After approval by the borough council, the clerk shall turn
the claims over to the treasurer who shall forthwith prepare the necessary
checks for the payment thereof, which checks shall be signed by the
mayor and thereafter countersigned by the treasurer. After preparing
checks for the payment of claims, the treasurer shall record them
in proper books of account and thereafter mail the checks to the claimants.
a.
Findings. The New Jersey Tort Claims Act, and, specifically, N.J.S.A.
59:8-6, provides that public entities may adopt forms to be completed
by claimants seeking to file a notice of tort claim against the public
entity, which forms shall include the claim requirements of N.J.S.A.
59:8-4.
The Borough of Highlands is a public entity covered by the provisions
of the New Jersey Tort Claims Act.
The borough's insurance carrier has recommended the adoption
of forms so that claims against the borough can be more quickly investigated,
and a better defense be provided to the borough for such claims, all
of which the governing body deems advisable, necessary, and in the
public interest.
b.
Requirements. The mayor and council of the Borough of Highlands,
Monmouth County, New Jersey, ordain that all persons making claims
under the New Jersey Tort Claims Act against the Borough of Highlands,
pursuant to N.J.S.A. 59:8-1, et seq., shall be required to complete
a claim form, which completion shall be a condition of compliance
with the notice requirements of the New Jersey Tort Claims Act.
In accordance with the provisions of R.S. 471A-2, all records
which are required by law to be made, maintained or kept on file by
any board, body, agency, department, commission, authority or official
of the borough shall be deemed to be public records. Every citizen
of the state during regular business hours maintained by the custodian
of any such records, shall have the right to inspect the records.
Every citizen of the state shall also have the right, during such
regular business hours and under the supervision of a representative
of the custodian, to copy the records by hand and shall also have
the right to purchase copies of the records. Copies of records shall
be made available upon the payment of such price as shall be established
by law.
The following fees shall be charged for copies of public documents:
a.
Permit to purchase pistol or revolver and firearms purchaser identification
cards, $5.00 each.
Application to purchase a handgun, $2.00.
Application to change name/address, $2.00.
b.
Police accident reports requests made in person for pick up: apply fees from Subsection 2-26.2f. Requests made other than in person shall be subject to an additional administrative fee of $5 per report.
[Amended 8-19-2020 by Ord. No. O-20-18]
c.
For official searchers for municipal liens (tax searchers) or for
improvements authorized but not assessed for a certificate as to the
approval of subdivisions, as follows:
1.
When the property described in the application is shown on the assessment
map subdivided into lots, and does not exceed 5,000 square feet in
area, $3.00, and for each additional 5,000 square feet in area, or
fraction thereof, an additional $.50.
2.
When the property is shown on the assessment map as acreage or is
so assessed, and lies wholly within the limits of single block, $3.00,
and if within the limits of two or more blocks, an additional $1.00
for each block.
3.
When the property described in the application is, or has been subdivided
and assessed as more than one item, an additional fee of $1.00 shall
be allowed for each subdivision separately assessed.
4.
Five dollars shall be the maximum charge for a certificate covering
lands lying wholly within one block, as shown on the assessment map
of the borough, unless there is a subdivision of proprietorship indicated
by the assessment.
d.
For a continuation of an official search for municipal liens or for
improvements authorized but not assessed or for a certificate as to
approval of subdivision within three years from the date of the original
search, $2.00 per year.
e.
For duplicate tax, water and sewer bills, $1.00 each.
f.
[1]All other documents:
[Amended 8-19-2020 by Ord. No. O-20-18]
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1.
|
Letter Size Copies
|
$0.05 (each)
|
|
2.
|
Legal Size Copies
|
$0.07(each)
|
|
The fee schedule provided in the Open Public Records Act, as
may be amended from time to time, shall supersede the above schedule
to the extent of any inconsistency.
|
g.
Land subdivision ordinance, $20.00.
h.
Discovery:
[Amended 8-19-2020 by Ord. No. O-20-18]
|
1.
|
Processing fee for all discovery requests
|
$5.00 plus the per page fee as listed in subsection 2-26.3f
|
i.
Reproduction of photographs, videotapes, audio cassette tapes, CDs,
DVDs, or similar media shall be required to pay the actual cost of
duplicating the record.
[Amended 8-19-2020 by Ord. No. O-20-18]
Where the document in question is more than 100 pages in length,
the clerk may permit the person requesting copies to use his own copying
machine, provided that there is not risk of damage or mutilation of
the documents and it would not be incompatible with the transaction
of public business. Such determination shall be completely within
the discretion of the clerk. The fee in such case shall be fifteen
($15.00) dollars per day.
Where it appears that the records which are sought to be examined
pertain to an investigation in progress by any body, agency, commission,
board, authority or official, the right of examination may be denied
if the inspection, copying or publication of the records is inimical
to the public interest; provided that this provision shall not be
construed to prohibit any body, agency, commission, board, authority
or official from opening such records for public examination if not
otherwise prohibited by law.
In the event that any check made payable to the Borough of Highlands
in payment of any municipal obligation is returned by the drawee bank
as unpayable for any reason, the borough shall collect a fee in the
sum of twenty-five ($25.00) dollars for each check so returned to
defray municipal handling costs, except where otherwise provided by
applicable law.
The term, "municipal obligation," shall be construed to include
but not limited to all taxes, licenses fees, public records, police
discovery, permit fees, application fees and other fines and penalties
imposed by law or legal process.
After December 11, 1974, the rate of interest to be charged
for delinquent taxes and water and sewer rents shall be eight percent
per year up to one thousand ($1,000.00) dollars and 12 percent per
year on all amounts in excess of one thousand ($1,000.00) dollars.
The governing body is desirous of providing for the payment
of taxes, assessments or other municipal liens or charges which are
due and payable on real estate in the Borough of Highlands when such
property is covered by fire insurance, and was damaged or destroyed
by fire, and the damages were in excess of two thousand five hundred
($2,500.00) dollars.
N.J.S.A. 17-36.8 et seq. permits municipalities to adopt ordinances
for this purpose.
This section shall apply only to fire insurance policies issued
or renewed after the adoption of this section and after the filing
of this section with the New Jersey State Commissioner of Insurance.[1]
The payment to a claimant by any fire insurance company authorized
to issue fire insurance policies in this state of any claim in excess
of two thousand five hundred ($2,500.00) dollars for fire damages
on any real property located within the Borough of Highlands is hereby
prohibited until:
a.
Such time as all taxes and assessments or charges due and payable
appearing on an official certificate of search for borough liens pursuant
to N.J.S.A. 54:5-12 dated subsequent to the fire shall have been paid
either by the owner of such real property or by the insurance company
pursuant to the provisions of subsection 2-27A.7 of this section;
or
The official certificate of search may from time to time be
altered by the bonded official responsible for preparing such certificates
in order to correct any errors or omissions or to add any borough
liens or related charges due and payable subsequent to the preparation
of the official certificate.
If it is satisfied that the claim for fire damages is to be
used to restore or improve the fire-damaged property, the governing
body of the borough may submit to the insurance company a certified
copy of a resolution by which it has entered into an agreement with
the owner of any fire-damaged property to accept payment in full of
all delinquent taxes, assessments or other municipal liens or charges
by installments pursuant to N.J.S.A. 54:5-19 or for redemption of
the tax sale lien by installment payments pursuant to law.
Unless a resolution is received in accordance with subsection 2-27A.5 of this section by an insurance company writing fire polices in the Borough of Highlands, such insurance company is hereby authorized and required prior to payment of any claims for fire damages in excess of two thousand five hundred ($2,500.00) dollars to pay to the Borough of Highlands the amount of the liens appearing in the official certificate, or in any alteration thereof pursuant to subsection 2-27A.4 of this section and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that if any appeal is taken on the amount of the lien or charge, other than an appeal on the assessed valuation of real property, pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75 percent of the full amount of the lien or charge being contested, pending termination of all proceedings, at which time such monies and all interest accruing thereon at a rate paid on interest-bearing accounts in banking institutions or savings and loan associations in the state shall be disbursed in accordance with the final order or judgment of the court.
Pursuant to the provisions of R.S. 40:8A-1 of the revised statutes
of the State of New Jersey, the agreement entitled "Agreement between
the County of Monmouth and certain municipalities located therein
for the establishment of a cooperative means of conducting certain
community development activities", a copy of which is attached hereto,
shall be executed by the mayor and municipal clerk in accordance with
the provisions of law.
a.
Certain Federal funds are potentially available to Monmouth County
under Title I of the Housing and Community Development Act of 1974,
commonly known as Community Development Block Grants and it is necessary
to amend an existing interlocal services agreement for the County
and its people to benefit from this program. An agreement has been
proposed under which the borough and the County of Monmouth in cooperation
with other municipalities will modify an Interlocal Services program
pursuant to N.J.S.A. 40:8A:1, and it is in the best interest of the
borough to enter into such an agreement.
b.
Duration of Contract. This contract shall be effective retroactive
to December 15, 1974 and shall continue in effect until notification
by the borough council to the effect that it wishes to withdraw for
a subsequent program year. The notice must be given in writing in
accordance with applicable conditions and deadlines lawfully established
by the U.S. Department of Housing and Urban Development (HUD) for
any given year in order for the local unit of government to drop out
for the subsequent program year, but in no case may a participant
drop out of an ongoing program year, except as a result of HUD action.
Certain Federal funds are potentially available to Monmouth
County under the Title I of the Housing and Community Development
Act of 1977, commonly known as Community Development Block Grant Program.
It is necessary to amend an existing Interlocal Services Agreement
for the county and its people to benefit from this program. An Agreement
has been proposed under which the Municipality of Highlands Borough
and the County of Monmouth in cooperation with other municipalities
will modify an Interlocal Services Act pursuant to N.J.S.A. 40:8A-1.
It is in the best interest of the Municipality of Highlands Borough
to enter into such an agreement. The agreement entitled, "Agreement
to Modify Interlocal Services Agreement dated 11/30/81 for the purpose
of Inserting a Description of Activities for the Tenth Year Monmouth
County Community Development Block Grant Program", a copy of which
is on file in the municipal clerk's office, be executed by the mayor
and municipal clerk in accordance with the provisions of law.
[1]
Editor's Note: Former § 2-29, Department and Director
of Municipal Administration, previously codified herein, was repealed
1-20-2021 by Ord. No. O-21-07.
[1-20-2021 by Ord. No.
O-21-07]
There is hereby established the position of Confidential Administrative
Assistant to the Mayor and Borough Administrator.
[1-20-2021 by Ord. No.
O-21-07]
The duties and powers of said position are to perform such services
as shall be required of him/her from time to time by the Mayor and
Borough Administrator to assist the Mayor and Borough Administrator
in the proper discharge of the day-to-day duties required by the Mayor
and Borough Administrator.
[1-20-2021 by Ord. No.
O-21-07]
The power of appointment of the Confidential Administrative
Assistant is hereby vested in the Mayor.
[1-20-2021 by Ord. No.
O-21-07]
The annual salary of the Confidential Administrative Assistant
shall be as established by the Annual Salary Ordinance, and he/she
shall receive all other compensation and benefits of other employees.
The initial compensation shall be between the range of $10,000 and
$60,000 per year.
[1-20-2021 by Ord. No.
O-21-07]
The Confidential Administrative Assistant is hereby deemed to
be a managerial position and unclassified.
The Confidential Administrative Assistant shall hold office
at the pleasure of the Mayor.
By reason of the growing problem of solid waste disposal and
its impact on our environment, conservation of recycling materials
have become an important public concern. There is an increasing necessity
to conserve our material resources. The collection of used newspapers
for recycling purposes from residences in the Borough of Highlands
will foster and promote the general welfare.
a.
NEWSPAPER – Shall be deemed to include paper of type commonly
referred to as news print and distributed at stated intervals, usually
daily or weekly, having printed thereon news and opinions and containing
advertisements and other matters of public interest. Expressly excluded,
however, are all magazines or other periodicals as well as all other
paper products of any nature whatsoever.
b.
SOLID WASTE – Shall be deemed to include all garbage and rubbish
normally placed at the curb by the residents of the borough for regular
twice-weekly municipal collection.
c.
PERSON – Shall mean any person, firm, partnership, association,
corporation, company or organization of any kind.
Pursuant to the "Interlocal Service Act," N.J.S.A. 40:8A-1,
et seq., the governing body of the Borough of Highlands is hereby
authorized to enter into an agreement, the form of which is on file
with the borough clerk and is made a part hereof, by and among municipalities
to be designated.
For the purpose of administering the provisions of this section,
there is hereby established a "coalition" called "The Bayshore Recycling
Coalition." The coalition shall be comprised of one representative
from each of the member municipalities, each such representative to
be selected for a five year term by the governing body of the municipality
he represents. The terms of the members of the coalition shall be
staggered in the following manner:
a.
As hereinafter determined by resolutions of participating members.
|
The members appointed by the municipalities shall serve without
compensation.
|
On and after the date fixed and promulgated by the governing
body of the borough, it shall be mandatory for all persons who are
owners, lessees and occupants of residential dwellings in the borough
to separate newspapers from all other solid waste produced by such
residents and to separately bundle newspapers for pick-up, collection
and ultimate recycling.
Said newspapers shall be compacted and shall be tied securely
in bundles not exceeding 50 pounds in weight with a rope or cord sufficient
in strength to facilitate handling. Such bundles shall be placed separately
at the curb for collection as may be provided by law prior to the
collection by the Bayshore Recycling Coalition.
From the time of its placement at the curb for collection in
accordance with the terms hereof, such used newspapers shall be and
become the property of the Bayshore Recycling Coalition or its authorizing
agent.
It shall be a violation of this section for any person not authorized
by the Bayshore Recycling Coalition or the borough to collect or pick
up or cause to be collected or picked up any such newspapers at the
curb as provided by this section.
This section is in no way intended to prohibit separate newspaper
drives by outside charitable organizations on days other than those
designated for collection by the borough.
The Bayshore Recycling Coalition is hereby authorized and directed
to establish and promulgate reasonable regulations as to the manner,
days and times for the collection of used newspapers in accordance
with the terms hereof.
Any person, firm or corporation who violates or neglects to comply with subsection 2-30.7 of this section or any regulations promulgated pursuant thereto, shall, upon conviction thereof be punished by a fine not to exceed two hundred ($200.00) dollars. Any person, firm, or corporation who violates or neglects to comply with subsections 2-30.5 or 2-30.6 of this section or any regulation promulgated pursuant thereto shall, upon conviction thereof be punished by a fine not to exceed two hundred ($200.00) dollars.
It shall be the duty of the police departments, or any duly
designated agent of the respective member municipalities of the Bayshore
Recycling Coalition to see to the enforcement of this section to prosecute
all violations hereof.
This section shall take effect after the final passage and publication
as provided by law by all of the member municipalities of the Bayshore
Recycling Coalition hereby established.
The hours of operation for the administrative and business offices
in the Highlands Borough Hall shall be from 8:30 a.m. until 4:30 p.m.
There is hereby established the department of public works.
a.
The DPW shall be comprised of employees performing tasks concerning
sanitation, sewer, streets and roads, and mechanic activities.
b.
All personnel currently assigned to any department of the former
DPW are reassigned to the DPW.
c.
All personnel will be under the administration of the borough administrator.
d.
The department employees shall be responsible for the maintenance
of all motor vehicles, equipment and machinery of the borough, other
than office equipment, other than and excepting those buildings, land
and equipment which are specifically assigned to other departments
by the borough administrator.
a.
The borough administrator shall have the authority to manage and
allocate the personnel of the department.
b.
There shall be one superintendent within the department, and the
superintendent shall be answerable directly to the borough administrator.
c.
The borough administrator is instructed, empowered and authorized
to implement, alter, modify or rescind operating procedures, record-keeping
procedures and equipment maintenance schedules; stream, drainage,
storm and sanitary sewer, road, driveway and sidewalk maintenance
schedules; sewer schedules; sanitation and recycling schedules; and
such other procedures designed to achieve efficiency, reduce costs
or preserve the useful life of borough property.
d.
The borough administrator shall have the authority to control the
use, operation and allocation of all equipment of the department.
e.
The borough administrator shall have such additional authority necessary
to fulfill the responsibilities delegated to him under this section,
which responsibilities are not specifically delegated to any other
official by State statute or local ordinance.
The superintendent shall report to the borough administrator
concerning matters of operation, personnel, and planning.
The superintendent shall be responsible for preparing the departmental
budget and submitting it to the borough administrator each year in
advance of the preparation of the borough budget. The superintendent
shall further be responsible for supervising the department, which
shall include all personnel within the department, purchasing for
the department, and managing and servicing all equipment.
The borough administrator shall designate and assign to the
department of public works clerical personnel of the borough as may
be required for the duties and responsibilities of the department
of public works. Said personnel may be assigned and transferred to
and from the department of public works by the borough administrator
from time to time as the needs of the borough require. Intradepartmental
assignment to various positions within the DPW shall be made by the
superintendent. The employees shall be subject to the statutes and
regulations of the State Department of Personnel, with the exception
of the superintendent, who shall be exempt therefrom.
[Ord. 0-89-32, § 1; Ord. 0-94-12]
The superintendent shall be appointed by the governing body.
[Ord. No. O-2017-20]
The superintendent of the department of public works or any authorized employees of the department may, at all reasonable hours, enter the premises of any food service facility (as defined in section 16-3.5) and examine the pipes, fixtures and equipment, including any grease traps, connected to the sewer services.
[Ord. 0-95-31, § 1]
There shall be a recycling coordinator appointed by the mayor
with the advice and consent of the council.
[Ord. 0-95-31, § 2]
The term of office of the recycling coordinator shall be one
calendar year, expiring on December 31 of each year. Any vacancy during
the year shall be filled for the unexpired term.
[Ord. 0-95-31, § 3]
The compensation paid to the recycling coordinator shall be
fixed by borough ordinance and/or by contract approved by the governing
body, which method shall be at the discretion of the governing body.
[Ord. 0-95-31, § 4]
The recycling coordinator shall bear responsibility for arranging
for the dates and types of collection of recyclables, together with
the processing and marketing of the same. His recommendations regarding
dates and types of collection, as well as processing and marketing
of the same, shall be considered by the governing body; however, the
governing body shall make all final decisions, which decisions shall
take the form of a resolution or borough ordinance, as required by
law.
[Ord. 0-95-31, § 5]
The recycling coordinator shall be assigned to the department
of public works, however his direct supervisor shall be the borough
administrator.
[1]
Editor's Note: Former Section 2-33, Highlands Depuration Commission,
containing portions of Ordinance No. O-2011-14, was repealed in its
entirety by Ordinance No. O-2014-29.
[Ord. 0-91-20]
Mayor and council hereby establish one or more "marine terminals" in the Borough of Highlands as defined in subsection 2-34.2 for the purpose of establishing a depuration facility, the location of same to be designated by the borough upon the acquisition of said property.
[Ord. 0-91-20]
Shall mean a development consisting of one or more piers,
wharves, docks, bulkheads, slips, basins, vehicular roadways and other
buildings, structures, facilities or improvements necessary or convenient
to the accommodation of steamships or other vessels and their cargo
and passengers. (See N.J.S.A. 40:68-17).
[Ord. 0-91-20]
The governing body hereby authorizes the borough to enter into
a contract with the Port Authority of New York and New Jersey to receive
certain grant monies in order to establish said "marine terminal"
at a future site to be acquired and designated as "marine terminal"
as set forth herein and pursuant to N.J.S.A. 68:20(b).
[Ord. 0-91-20]
Any such actions undertaken by the Borough of Highlands with
respect to the establishment of any "marine terminal" in the borough
shall be in all respects in conformance with N.J.S.A. 40:68-17 et
seq. Any agreement entered into with the Port Authority to contain
a provision that any actions undertaken by the borough with respect
to establishing said "marine terminal" shall be in accordance with
N.J.S.A. 40:68-17 et seq.
[Ord. No. O-91-23]
There is hereby created the office of borough auditor.
[Ord. No. O-91-23; Ord. No. O-94-02]
The auditor shall be a duly qualified, licensed, certified public
accountant under the provisions of the laws of the State of New Jersey.
The auditor shall be appointed by the mayor, with the advice and consent
of the council, and shall hold office for the term of one year commencing
July 1 and terminating on June 30 of the following year, and until
the auditor's successor is duly appointed and qualified.
[Ord. No. O-91-23]
The auditor shall be the financial advisor of the mayor and
council, shall prepare an annual audit and budget as required by law,
and, when authorized by the mayor and council, shall examine all financial
records of the municipality and prepare and review any other financial
records or documents.
[Ord. No. O-91-23]
The office of auditor shall be a part-time office, and the auditor
shall receive compensation as prescribed in the annual salary ordinance,
and receive such other compensation as authorized by the mayor and
council.
[Ord. No. O-92-13]
a.
An ordinance establishing the participation in a county-wide compact
which shall be known as "The Monmouth County Mutual Aid Agreement"
be enacted, and that the Mutual Aid Agreement annexed hereto be signed
on behalf of the borough.
b.
This section is created pursuant to N.J.S.A. 40:48-1(6) and N.J.S.A.
40a:14-156.1 and is adopted as a reciprocal agreement with all municipalities
participating in the county-wide mutual aid compact. Pursuant to this
agreement, the Borough of Highlands shall render assistance to any
participating municipality by providing members of the Highlands Police
Department, upon request, to help preserve the public peace and order.
c.
In the event that a member of the Highlands Police Department is
injured while rendering assistance to a participating municipality,
the municipality providing assistance shall be primarily responsible
for any costs as a result of the injury. However, nothing in this
section shall serve as a bar to the municipality providing assistance
from seeking indemnification from the municipality receiving assistance.
d.
This section is separate and distinct from any mutual aid agreements
previously entered into between the Borough of Highlands and any other
municipalities, and shall remain in full force and effect until specifically
repealed by an affirmative action of the governing body.
[Ord. No. O-12-25]
a.
Approval of Agreement. The Borough of Highlands approves the mutual
aid agreement in substantially the same form as attached hereto.
b.
Authority to Execute Agreement. The Borough Administrator is authorized
to execute a Mutual Aid Agreement with the Borough of Atlantic Highlands,
County of Monmouth, State of New Jersey, for the Borough of Highlands
to use the Borough of Atlantic Highlands Municipal Building and Municipal
Court facilities to conduct the Borough of Highlands Municipal Court
Proceedings, for the Highlands Special Police Officers II to provide
security for the Borough of Highlands court proceedings.
[Ord. No. O-96-01]
There is hereby created the office of counsel to the mayor pursuant
to N.J.S.A. 40:69A-122.
[Ord. No. O-96-01]
The counsel to the mayor shall be a duly qualified, licensed
attorney under the provisions of the laws of the State of New Jersey.
The counsel to the mayor shall be appointed by the mayor without advice
and consent of the council and shall hold office for a term of one
year commencing January 1 and ending December 31 of each calendar
year.
[Ord. No. O-96-01]
The counsel to the mayor shall be required to provide legal
counsel to the mayor at such times as the mayor requests it and shall
be required to provide the council with a written synopsis stating
the general types of services rendered to the mayor on a quarterly
basis not later than the tenth day after each calendar quarter. The
counsel to the mayor shall keep the borough attorney informed of any
legal matters requiring attention of either the borough attorney or
counsel to the mayor. The counsel to the mayor shall not participate
in any litigation of the borough without further approval of the borough
attorney who may from time to time assign specific legal matters to
the counsel to the mayor. Counsel to the mayor shall not attend meetings
of the governing body without prior written approval of the borough
attorney or governing body.
[Ord. No. O-96-01]
The office of the counsel to the mayor shall be a part-time
office, and the counsel to the mayor shall receive compensation of
five thousand ($5,000.00) dollars annually as established by an annual
salary ordinance plus any further compensation for litigation provided
pursuant to a contract with the Borough of Highlands.
This section shall expire on December 31, 1996, and the office
of counsel to the mayor shall cease to exist thereafter unless a new
ordinance is adopted renewing this section.
Pursuant to Public Law 1997, C.256 there hereby is created the
office of municipal public defender.
The municipal public defender shall be a duly qualified, licensed
attorney under the provisions of the Laws of the State of New Jersey.
The municipal public defender shall be appointed by the governing
body of the Borough of Highlands. The initial term of the municipal
public defender shall be from the date of appointment for the balance
of calendar year 1998, and thereafter upon appointment as provided
herein shall serve for a term of one year, provided, however, the
term shall expire on December 31, of the year of appointment.
The municipal public defender shall provide all necessary and
desirable legal counsel and advice required for the defense of cases
in the municipal court of the Borough of Highlands on behalf of those
indigent defendants who are entitled by law to appointment of counsel
and as approved by the municipal court judge as set forth in P.L.
1997, C.256.
Every person who makes application to the Highlands Municipal
Court for representation by the public defender and is thereafter
represented by the public defender in any matter pending before the
court shall pay an application fee of two hundred ($200.00) dollars.
The municipal court may waive this required application fee, in whole
or in part, if the court determines, in its discretion, that the application
fee represents an unreasonable burden on the person seeking representation.
The municipal public defender shall be paid an annual salary,
of not less than one thousand five hundred ($1,500.00) dollars which
shall be established by salary ordinance. The payment shall be apportioned
pro rata for the actual portion of the year in which the public defender
serves and shall be paid by payroll check twice per month with all
deductions provided for and the public defender shall be an employee
of the Borough of Highlands and entitled to enrollment in the New
Jersey Public Employees Retirement System with the employee and the
borough providing the statutory required contributions. The public
defender shall only be required to attend court when his clients are
listed on the calendar, and in no event more than once every two months.
The chief financial officer shall establish and administer a dedicated fund for the deposit of funds collected from the applicants pursuant to subsection 2-38.4 for use to meet the costs of providing the services of the office of public defender and when necessary, expert and lay investigation and testimony.
The positions of community development representative and alternate
community development representative to the community development
program, a division of the planning office of Monmouth County, are
hereby created.
Both the community development representative and the alternate
shall be appointed by the governing body for one calendar year.
Any vacancy created in either position shall be filled by the
governing body for the unexpired term.
No compensation shall be paid to the representative or alternate.
The governing body shall appoint the local registrar.
The appointment of a local registrar shall be immediately certified
to the state department. The municipal clerk shall make the certification.
The appointment shall not become effective until 30 days of the filing
of the certification, unless approved in writing sooner by the state
department.
The term of office shall be three years.
The registrar shall be appointed or re-appointed at least ten
days before the expiration of the term of office of the local registrar
by the governing body.
Any vacancy occurring in the office of the local registrar shall
be filled in the same manner as an original appointment but shall
be for the remaining term only. If the appointing authority shall
not fill the vacancy within ten days the state department shall make
such appointment. The borough clerk or executive officer of the appointing
authority shall act as local registrar until such time as the vacancy
is filled.
No physician, midwife, or funeral director shall be appointed
as the local registrar.
The local registrar immediately upon accepting the appointment
shall appoint a deputy to assist in the day to day operation of the
office and to act in the registrar's place in the case of absence.
It is the responsibility of the registrar to appoint the deputy. The
deputy shall accept the appointment in writing. The local registrar
may appoint one or two alternate deputy registrars if the registrar
deems it necessary for the office to function efficiently.
When it is necessary for the convenience of the public the local
registrar may, with the approval of the state registrar, appoint one
of two sub-registrars whose authority shall be to receive birth certificates,
death certificates and issue burial and transit permits.
Any registrar, deputy registrar, alternate deputy registrar
or sub-registrar who in the judgment of the state department fails
or neglects the duties of the office, may be removed by the state
department and shall be subject to such penalties provided by the
statutes.
Term of office, appointment and/or removal does not apply to
municipalities operating under the Civil Service Act.
Before assuming the duties of registrar, deputy registrar, alternate
registrar or sub-registrar must take an oath of office promising to
perform the duties of the office faithfully. The oath is to be filed
with the local appointing authority. If such oath is not filed within
ten days after the appointment, the office shall be deemed vacant.
The municipal clerk administrates the oath or the municipal court
judge.
The state registrar has supervisory power over local registrars,
deputy registrars and sub-registrars in the enforcement of the law
relative to the disposal of dead bodies and the registration of vital
records.
The local registrar under the supervision and direction of the
state registrar performs the following duties:
a.
Enforces the law regarding the disposal of dead bodies and the registration
of vital records.
b.
Supply blank forms upon request. The state registrar supplies forms.
c.
Supply to every physician, midwife, and funeral director a copy of
the law relating to the registration of vital records and the disposal
of dead bodies, together with such rules and regulations supplied
by the state registrar.
d.
The registrar must sign his or her name and insert the date of filing
in the proper places on each birth, death, and marriage certificate
accepted by his or her office.
e.
The registrar must examine each certificate when presented to determine
that it is complete, legibly prepared in accordance with the instructions
of the state registrar.
f.
Carbonized forms with a second copy shall be the local permanent
copies.
g.
On the tenth of the month, the local registrar is required to transmit
to the state registrar all original birth, marriage and death certificates
filed for the proceeding month. If there are no certificates to file
the registrar shall forward a "no report" post card.
h.
The registrar must make an immediate report to the state registrar
of any violation of the statutes.
i.
The registrar must forward a copy of the following certificates of
events occurring in the municipality:
1.
Any birth to parents who are residents of another municipality to
the registrar of that municipality.
2.
Any death in the municipality of any person residing in another municipality
to the registrar of that municipality.
3.
A marriage in the municipality of any couple who obtained the license
in another municipality to the registrar of that municipality.
4.
A certificate of death not occurring in the district, as permitted
by N.J.S.A. 26:6-6 shall be forwarded to the local registrar of the
district within 12 hours.
Each sub-registrar shall sign his/her name and insert the date
of filing, and forward all certificates to the local registrar within
five days.
Marriage license application which fees shall be collected by
the registrar at the time of application shall be:
a.
Twenty-five ($25.00) dollar state fee.
b.
Three ($3.00) dollar municipal fee.
c.
Certified copy fees for birth, marriage and death certificates shall
be fifteen ($15.00) dollars due upon application for it.
d.
Corrections to birth, marriage and death certificates shall be fifteen
($15.00) dollars due and payable upon application for the correction.
The governing body does hereby designate the director of recreation
to accept and process applications by not for profit entities to utilize
the Community Center.
[Amended 9-1-2021 by Ord. No. O-21-30]
All requests for use of the Community Center shall be made on
a facility request form with detailed program information and shall
be presented by the Director of Recreation for review and approval
by the Borough Administrator. The application shall include information
identifying the entity requesting permission to utilize the facility,
the person in charge of the event, the date, time and duration of
the proposed use, and any anticipated manpower demands required of
the borough in relation to the request. All applications will be considered
on a first come, first serve basis. Not-for-profit organizations will
be required to submit evidence of their current corporate status as
a 501(c)3 corporation, in addition to other requirements imposed by
the insurance carrier for the Borough of Highlands.
[Amended 8-19-2020 by Ord. No. O-20-18]
As a condition of any approval, the borough will impose and
collect a fee as set forth on Schedule A adopted herewith to defray
additional building opening and maintenance costs incurred by the
borough in connection with making the facility available and accessible
to the applicant during non-business hours. In addition, for programs
or activities that require staff assistance in addition to the opening
of the center, a rate of $50 per hour per employee will be charged.
[Ord. No. O-05-02]
If approved, an applicant must meet with the director of recreation to review the use of the center as to availability, program content, and general responsibilities related to such use. A Community Program Agreement shall be executed setting forth the conditions upon which approval is granted, including but not limited to the information set forth in the application, and the applicant's agreement to pay all costs and fees associated with said use as set forth in this section, unless a waiver is obtained pursuant to subsection 2-41.5 below.
[Ord. No. O-05-02]
[Ord. No. O-2017-11; amended 6-5-2019 by Ord. No. O-19-11]
The Borough of Highlands runs a summer recreation program for
children between the ages of five and 14 by and through the Recreation
Department. In order to participate in the said recreation program
registrants are required to properly complete a registration form.
In conjunction with the completion of the said registration form,
the following fees will be collected by the Borough:
a.
Residents of the Borough and nonresident employees of the Borough
who submit their registration forms on or before June 20 of each year
shall pay a registration fee of $20 per week per child as well as
$5 per week per child for aftercare;
b.
Nonresidents of the Borough who submit their registration forms on
or before June 20 of each year shall pay a registration fee of $60
per week per child as well as $15 per week per child for aftercare;
c.
Residents of the Borough and nonresident employees of the Borough
who submit their registration forms after June 20 of each year, but
at least one week prior to the beginning of the program, shall pay
a $10 late fee per child;
[Amended 8-19-2020 by Ord. No. O-20-18]
d.
Nonresidents of the Borough who submit their registration forms after
June 20 of each year, but at least one week prior to the beginning
of the program, shall pay a $30 late fee per child.
[Amended 8-19-2020 by Ord. No. O-20-18]
e.
Registrants who submit their registration forms after June 20 of
each year up until one week prior to the beginning of the Summer Program
will be accepted into the program based upon availability. Registration
forms submitted later than one week prior to the beginning of the
Summer Program will not be accepted. Those registration forms submitted
with the required fees which are not accepted into the program will
have the fees refunded to the applicant. Proof of residency in the
Borough shall be required. For purposes of this section, a resident
is defined as a person having permanent domicile within the Borough
of Highlands. A determination as to entry into the program and as
to the required fees shall be made by the Director of the Recreation
Department and/or the Borough Administrator or his/her designee.
[Ord. No. O-08-07]
a.
There is hereby authorized and established a specific and dedicated
tax assessment of one-half ($.005) cent per one hundred ($100.00)
dollars of the assessed property valuation, to be assessed and paid
on all taxable property in the borough commencing with the tax year
2009 and continuing thereafter. The monies collected pursuant to such
specific and dedicated tax will be used specifically and solely to
acquire, preserve and improve lands for open space, conservation,
recreation and parklands by the Borough of Highlands.
b.
There is hereby created the open space trust fund to be administered
by the Department of Finance of the Borough of Highlands subject to
the provisions of the within section, which Trust Fund shall have
deposited in it the special assessment of one half ($.005) cent per
one hundred ($100.00) dollars of assessed property valuation.
c.
The borough's chief finance officer shall establish such trust in
a manner perpetually to keep separate and apart from all other borough
budgeted items all costs in connection therewith and all funds collected
pursuant hereto.
d.
The borough's chief finance officer, together with the tax assessor
and tax collection, shall operate as necessary and convenient for
the administration of the said trust fund including but not limited
to creation of a separate line item on the municipal tax bills forwarded
to all Highlands taxpayers, identifying the trust fund as follows:
"Municipal Open Space Tax" and inserting opposite such separate line
item the amount to be collected for such Fund as calculated pursuant
to the said one-half ($.005) cent per one hundred ($100.00) dollars
of assessed valuation as provided by the voters of Highlands at the
said referendum conducted on November 3, 2008.
e.
In the event the Borough of Highlands shall become the beneficiary,
by way of gift, federal or state grant or other funding sources of
any lands or unrestricted funds, such lands and/or funds may, at the
discretion of the borough council be deposited in the trust fund,
in the case of monies, or placed upon the trust funds' register of
open lands, as the case may be.
f.
It is the intention of this section to comply with all applicable
state and federal programs governing the acquisition of open space
for active or passive recreational, and the like, purposes.
g.
All lands acquired through the program herein authorized shall be
set aside and dedicated for such open space purposes and all deeds
and other applicable documents shall so indicate.
h.
All decisions respecting the acquisition and purchase of such lands
shall be the determination of the borough council, subject to the
applicable state and federal regulations.
i.
If any clause of the within section be deemed by a court of competent
jurisdiction to be unlawful, the remaining provisions of the within
section shall remain in full force and effect.
[Ord. No. 09-07 § 1; Ord. No. O-2016-18]
There is hereby established an Open Space Committee, which shall
consist of seven (7) members, whose terms and powers are hereinafter
set forth.
[Ord. No. 09-07 § 2; Ord. No. O-2016-18]
The Open Space Committee shall be comprised of the following
persons:
[Ord. No. 09-07 § 3; Ord. No. O-2016-18]
a.
The member of the Borough Council appointed to the Open Space Committee
shall have a term of one (1) year.
b.
The terms of the citizen members shall be for three (3) years. However,
when the Committee is first constituted, two (2) Committee members
shall be appointed to and serve a one-year term initially, two (2)
Committee members shall be appointed to and serve a two-year term
initially and two (2) Committee members shall be appointed to and
serve a full three-year term. This will provide for two (2) Committee
members being appointed each year to a full three-year term after
the initial creation of the Committee.
[Ord. No. 09-07 § 4; Ord. No. O-2016-18]
a.
The Open Space Committee shall initially prepare a report recommending
which parcels of land should be acquired in fee and/or those parcels
of land from which the Borough should acquire development rights only.
b.
The open space committee shall submit to the Borough Council a prioritized
list of properties which it recommends that the Borough acquire and/or
properties from which it recommends that development rights should
be acquired.
c.
The Borough Council is to determine the properties or development
rights to be acquired by gift, purchase or by eminent domain proceedings,
pursuant to N.J.S.A. 20:3- 1 et seq., within the financial constraints
it establishes for such acquisition.
d.
The Open Space Committee shall also advise the Borough Council as
to the parcels of land for which it recommends the Borough use funds
from the Open Space Trust Fund, in order to preserve and improve lands
for open space, conservation, recreation and parklands by the Borough
of Highlands.
e.
The Borough Council will review the recommendations of the Open Space
Committee, as to the specific parcels of lands for which it recommends
the Borough use funds from the Open Space Trust Fund, for the preservation
and improvement of lands for open space, conservation, recreation
and parklands. The Borough Council will then make a determination
as to whether to utilize funds from the Open Space Trust Fund, in
order to preserve and improve the specific parcels of land, recommended
by the Open Space Committee, for open space, conservation, recreation
and parklands by the Borough of Highlands.
[Ord. No. O-09-07 § 5; Ord. No. O-2016-18]
The Open Space Committee shall hold public meetings, which public
meetings shall be held in accordance with the Open Public Meetings
Act and the Borough Council shall give appropriate notification of
said meetings.
[Ord. No. O-09-07 § 6; Ord. No. O-2016-18]
The Open Space Committee shall select from among its members
a Chairman, and a Vice-Chairman to serve as the presiding officer
in the absence of the Chairman. The Committee shall also appoint a
Secretary whose function shall be to maintain minutes of the Committee's
meeting and records of the proceedings of the Committee.
[Ord. No. 09-07 § 7; Ord. No. O-2016-18]
The Open Space Committee shall hold its initial organization
meeting shortly after this section takes effect.
[Ord. No. 09-07 § 8; Ord. No. O-2016-18]
No property acquired with the funds from the reserve for open
space acquisition shall be leased or sold, until the sale or lease
of the same has been authorized by the Borough Council in the manner
prescribed by law.
[Ord. No. 09-07 § 9; Ord. No. O-2016-18]
In the event that no property is acquired under this section
for a period of five (5) consecutive years, then the Borough Council
shall review the activities of the Open Space Committee and issue
a report with recommendations and conclusions concerning the reserve
for open space acquisition.
[Ord. No. O-09-14, S 1]
Pursuant to N.J.S.A. 43:15C-2, and effective for those persons assuming the following positions on or after July 1, 2007, subject to subsection 2-44.3 herein, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
[Ord. No. O-09-14, S 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2.
[Ord. No. O-09-14, S 3]
If an individual is appointed to one of the positions listed in subsection 2-44.1 and the individual is not serving in a position as described in subsection 2-44.2 above, the pension certifying officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
Was an active participant in the Public Employee Retirement
System on July 1, 2007 and continuously since that time; or
Has been appointed pursuant to a valid promotional process;
or
Is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-44.2 herein, and is in pursuit of the required certification;
Meets such other exceptions that may be approved by the Local
Finance Board or the Division of Pension and Benefits.
[Ord. No. O-09-14, S 4]
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. O-12-1]
Pursuant to N.J.S.A. 40A:4-3.2, the borough shall commence operating
on a Calendar Fiscal Year beginning with Calendar Year 2013.
This section shall take effect upon approval of the Local Finance
Board of the application as required by law.
[Ord. No. O-2017-02 § 1]
The Borough of Highlands Green Team be and is hereby established
as an advisory committee to the Borough of Highlands Governing Body.
[Ord. No. O-2017-02 § 2]
The general purposes for the Green Team shall include but not
be limited to:
a.
Managing the Borough of Highlands participation in the Sustainable
Jersey program;
b.
Encouraging the Borough staff to pursue sustainable practices where
possible and implement the Governing Body's environmental goals;
c.
At the recommendation of the Governing Body, work with the existing
groups within the Borough whose actions affect environmental issues
so as to eliminate duplication and assure that important tasks are
covered;
d.
Coordinate input and provide management for the Green Team section
of the Borough website;
e.
Provide suggestions for further research and action to the Governing
Body;
f.
At the direction of the Governing Body provide advice and suggestions
to the Borough Land Use Board and the Environmental Commission to
assure that environmental issues are considered in their deliberations
and actions;
g.
Solicit and evaluate environmental ideas and suggestions from the
community;
h.
Promote the causes of sustainability within the Borough.
[Ord. No. O-2017-02 § 3]
The Governing Body shall appoint nine (9) Borough residents
to serve as the Green Team. One (1) member must be on the Land Use
Board; one (1) member must be on the Environmental Commission; one
(1) member must be a Highlands business owner; one (1) member must
be a Department of Public Works employee and one (1) member must be
a Recreation Department employee. The Green Team shall elect from
among its members a Chair, Vice Chair and Secretary/Treasurer. Initially,
three (3) members shall be appointed to a three (3) year term, three
(3) members to a two (2) year term and three (3) members to a one
(1) year term. Thereafter, all terms shall be for three (3) years.
Additionally, the Mayor and a member of the Governing Body shall serve
as ex officio members of the Green Team.
The Green Team shall select Borough volunteers to work on Green
Team projects. The names of the Green Team volunteers shall periodically
be submitted to the Borough and the Green Team committee reports,
minutes, etc. shall also be submitted to the Governing Body.
[Ord. No. O-2017-02 § 4]
The Green Team shall meet monthly.
Additional meetings of the Green Team may be scheduled by the
Chair at his/her discretion.
[Ord. No. O-2017-15; Ord. No. O-2017-24]
Pursuant to N.J.S.A. 40A:10-16 et seq., the Borough shall provide
health care benefits to its full time "employees" as that term is
defined in N.J.S.A. 40A:10-16b; however, that term shall not include
elected officials. The different plans to be made available and the
coverage levels shall be determined, from time to time, by the Borough.
The Borough may redirect enrollment in and make available different
plans and coverage in its discretion.
[Ord. No. O-2017-15; Ord. No. O-2017-24]
Those employees receiving health care benefits shall contribute
to the cost of such benefits as required by P.L. 2011 c.78.
[Ord. No. O-2017-15; Ord. No. O-2017-24]
If an employee is eligible for health care benefit coverage, and meets the eligibility requirements set forth in subsection 2-47.3a below, such employee may annually elect to receive the monetary payments provided for in subsection 2-47.3b below ("buyout payment").
a.
Eligibility. All of the following eligibility requirements must be
satisfied.
1.
The employee must have health care benefits coverage from another
source.
2.
The alternate source of coverage must be from a source other than
the Borough. For example, if the employee's spouse is employed by
the Borough and both the employee and his/her spouse are eligible
for health care benefits coverage through the Borough, a spouse declining
coverage under this subsection, would not be eligible for the buyout
payment.
3.
Employees must execute an appropriate application form as prepared
and provided by the office of the Borough Administrator no later than
November 30, prior to each calendar year for which the employee will
seek the buyout payments.
b.
Buyout Payment. For eligible employees, the following buyout payments
will be paid in equal installments, spread out equally over each pay
cycle on a bi-weekly basis.
1.
If medical coverage, including prescription plan, is declined, the
buyout payment will be the lesser of five thousand ($5,000.00) dollars
annually or the percentage, as set forth in N.J.S.A. 40A:10-17.1,
of the Borough's cost for the health care coverage declined.
2.
The payments provided for hereunder would be subject to income tax,
but not considered pensionable income.
c.
Annual Election. The election provided for in this section must be
made on an annual basis. If an employee elects the buyout payment
for a particular calendar year, he/she may decline to apply for the
option provided in this section for a subsequent calendar year and
may enroll, during prescribed enrollment periods, for health care
benefit coverage through the Borough to resume for such subsequent
calendar year.
d.
An employee who waives coverage because he/she was covered by a spouse's
benefits shall be permitted to resume coverage under the same terms
and conditions as though he/she had not waived coverage if the employee
ceases to be covered through the employee's spouse for any reason.
e.
An employee who wishes to resume coverage shall file a declaration
with the Borough, in such form as the Borough shall prescribe, that
the waiver is revoked.
f.
An employee who resumes coverage shall repay, on a pro rata basis,
any amount which represents an advance payment for a period of time
during which coverage is resumed.
[Ord. No. O-2016-19 § 1]
All employees and elected public officials who receive compensation
from the Borough of Highlands are mandated to have direct deposit
of their compensation as of November 1, 2016 in accordance with Chapter
28 P.L. 2013, as defined under N.J.S.A. 52:14-15f(b).
[Ord. No. O-2016-19 § 2]
Seasonal and temporary employees who are employed by the Borough
of Highlands are exempt from the direct deposit mandate.
[Ord. No. O-2016-19 § 3]
Borough employees may request, in writing, an exemption from
the direct deposit mandate to the Borough Administrator of the Borough
of Highlands. Such requests will be presented to the Governing Body
within thirty (30) days or at the next regularly scheduled meeting
of the Mayor and Council of the Borough of Highlands, after the request
is received by the Borough Administrator. The Governing Body may grant
such an exemption by resolution and only for good cause.
[Added 5-1-2019 by Ord.
No. O-19-09]
Citizens wishing to perform public service by serving on committees
are required to complete a Citizen Leadership Form. The Citizen Leadership
Forms shall be reviewed by the Borough Clerk and the Borough Administrator.
a.
In order to serve on any such committee, the citizen must be in good
standing with the Borough, wherein they are not indebted or obligated,
in any manner, to the Borough of Highlands, except for current sewer
charges or taxes. In the event that an applicant or member in active
service is so indebted, and the same is not cured within 20 days of
notification from the Borough of such indebtedness, the same will
be grounds for disqualification and/or removal from service from such
committee.
b.
The determination concerning disqualification and/or removal from
service due to the indebtedness to the Borough, except for current
sewer charges and taxes, shall be made by the Borough Administrator.
c.
Applicants wishing to appeal the determination of disqualification
from service by the Borough Administrator shall have 10 days from
receipt of such notice to appeal to the Mayor and Council. The Mayor
and Council shall then render a decision no later than 30 days after
the date of receipt of such appeal.
[Added 11-13-2019 by Ord.
No. O-19-19]
The Borough of Highlands Economic Development Review Board is
hereby established as an advisory committee to the Borough of Highlands
governing body.
The general purposes for the Economic Development Review Board
shall include but not be limited to:
a.
Stimulating economic growth for both new economic development and
the retention of existing businesses;
b.
Advising the governing body and providing recommendations in addressing
the economic development needs of the Borough;
c.
Serve as a liaison between the Borough's government and both existing
and prospective businesses.
[Amended 1-20-2021 by Ord. No. O-21-04]
a.
The Borough Administrator shall be a member and the Chair of the
Economic Development Review Board.
b.
The remaining members of the Review Board shall be the Mayor or his
or her designee, the governing body member appointed as Class III
member of the Land Use Board, two Borough business owners, and two
Borough residents who do not own a business in the Borough.
Duties and responsibilities of the Economic Development Review
Board shall include, but not be limited to, the following:
a.
Development of plans, programs and strategies to encourage the expansion
and strengthening of existing business and commercial enterprises
in the Borough, consistent with the best interests of the Borough
as a whole and conforming to the Borough's Master Plan.
b.
Development of plans, programs and strategies for attracting new
business and commercial enterprises to the Borough which are in the
best interests of the Borough as a whole and conforming to the Borough's
Master Plan.
c.
To actively promote and seek businesses which are financially sound,
environmentally clean and have good growth potential.
d.
The investigation, analysis and submission of an annual report to
the Borough Mayor and Council and Borough Administrator on any obstacles
to the expansion of the commercial tax base of the Borough.
e.
Making of recommendations to the Mayor and Council and Borough Administrator
regarding any ways or means by which the Borough can assist in meeting
the needs of any developments deemed appropriate.
f.
To consult and communicate with the governing body, Land Use Board
and other Borough departments concerning land use issues that may
have an impact upon development in the Borough as it affects economic
growth issues and consumer convenience. This may also include recommendations
concerning changes to land use and zoning regulations that could impact
economic growth.
g.
To assist the Borough Administrator in the research and preparation
of applications for grants or funding which foster economic development.
h.
To create an information guide to assist businesses interested in
relocating to the Borough.
i.
Consult with existing business and commercial enterprises within
the Borough.
j.
Consult with prospective businesses seeking to establish themselves
within the Borough.
k.
Consult with county, state, and other municipal entities regarding
business development.
l.
Any other studies and/or presentations deemed necessary by the Mayor
and Council and Borough Administrator relating to the further economic
growth and development of the Borough.
Members of the Economic Development Review Board shall serve
without compensation, except that the Borough may reimburse members
for incurring legitimate out-of-pocket expenses in the discharge of
Economic Development Review Board duties and responsibilities such
as the development of presentation and marketing materials, flyers,
brochures and correspondence. Members of the Economic Development
Review Board must first receive the approval of the Borough Administrator
or, in his or her absence, the Borough's Chief Municipal Finance Officer
before any out-of-pocket expenses (such as travel mileage) are incurred.
If approved, and following such expenditure, Economic Development
Review Board members shall certify and complete an official Borough
voucher, providing a full description and itemization of their expenses.
The Economic Development Review Board shall meet at least biannually.
Additional meetings of the Economic Development Review Board may be
scheduled by the Chair at his/her discretion.
Other than the duties and responsibilities enumerated above,
the Economic Development Review Board shall not have the power to
enter into contracts, create debt or take property by condemnation
or eminent domain. Furthermore, no member of the Economic Development
Review Board shall receive or accept any fees, compensation or other
goods of value from any corporation, partnership, professional firm,
vendor or merchant engaging in any transactions with the Economic
Development Review Board.
[Added 6-17-2020 by Ord. No. O-20-14]
a.
Indemnification
requirements. Subject to Subsection C of this section, whenever any
civil action has been or shall be brought against a member of the
Borough Council, other Borough official, any member of any board,
commission, council or other agency of the Borough, or Borough employee
for any action or omission arising out of or in the course of the
performance of the duties of such person's office, the Borough shall
defray all defense costs and expenses, including reasonable attorney's
fees and expenses together with the cost of any appeal, in accordance
with Subsection B, and shall save harmless and protect such individual
from any financial loss resulting from the litigation.
b.
Indemnification
defense.
1.
Where the
defendant is a Borough employee or Borough official other than a Borough
Council member, the Borough Council shall appoint counsel for the
defendant.
2.
The defendant
entitled to indemnification pursuant to Subsection A may designate
his/her own legal representation. If the defendant designates his/her
own legal representative, said designation shall be subject to the
following restrictions:
(a)
The
legal representative shall be an attorney in good standing, licensed
and admitted to the practice of law in the State of New Jersey.
(b)
The
defendant shall submit a letter to the Borough Council indicating
his/her desire to have a designated legal representative and shall,
at the same time, designate the legal representative.
(c)
The
legal representative shall agree to bill the Borough at no more than
the rate per hour established by the Borough Council for the Borough
Attorney at the time of the legal representative's designation as
counsel by the defendant.
(d)
The
legal representative shall periodically submit an itemized bill for
all services rendered to the defendant in accordance with the designation
and shall complete such forms and/or vouchers as required for payment
by the Borough.
(e)
Agreement
that the legal representative and defendant shall not enter into a
settlement of the civil action without prior approval of the Borough
Council.
c.
Indemnification,
exceptions. The Borough Council shall not be required to provide for
a defense and/or indemnification pursuant to this section under the
following circumstances:
1.
Where the
legal proceeding involves a criminal matter or arises under the election
laws of the State of New Jersey.
2.
Where the
civil action is brought by the member of the Borough Council who is
seeking indemnification; provided, further, that where a defendant
member of the Borough Council asserts a counterclaim in an action
in which such member is a defendant, a defense and indemnification
shall be provided by the Borough Council except as to matters arising
under the counterclaim.
3.
Where the
civil action is brought by the Borough Council against the defendant.
4.
Where the
civil action has resulted in punitive damages being awarded against
the defendant; provided, further, that where Borough funds have been
expended in the defense resulting in the awarding of punitive damages,
said funds shall be reimbursed to the Borough by the defendant.
5.
Where the
civil action arises from acts or omissions not within the scope of
duty of the Borough employee, member of the Borough Council or other
Borough official or arises from acts of willful misconduct or actual
malice.
6.
Where the
Borough has obtained an insurance policy which insures the Borough
employee, member of the Borough Council or other Borough official,
and the insurance company has agreed to defend the cause of action
and indemnify the defendant; provided, further, that the Borough shall
be liable for the payment of any minimum deductible amount which the
insurance policy does not cover.
