The form of government in the Township of Lafayette is the Township Form which comprises Chapters 142 to 156A of Title 40 of the New Jersey Revised Statutes. The Administrative Code has been drafted in conformity with township law and in many instances, provisions of the township law have been restated in the code. Other enabling laws pertaining to the Administrative Chapter are R.S. 40:47-1, et seq., Police and Fire Departments; R.S. .2A:8-1, et seq., Municipal Court; R.S. 40:55-36, Zoning Board of Adjustment; R.S. 40:55-1.4, Planning Board. Other authority to regulate the internal affairs of the township is contained in R.S. 40:48- 2.
[New]
All legislative power of the township, except in matters of health, shall be exercised by the township committee pursuant to law, and in matters of health by the board of health.
[New]
The township committee shall organize annually during the first week in January, at which time it shall elect a chairman who shall be known as mayor from among its members. The mayor shall preside at meetings of the township committee and perform such other duties as the township committee may prescribe. In the absence or disability of the mayor, the committee shall elect a temporary presiding officer.
[New]
The mayor shall have the power to appoint subcommittees of the township committee with the consent of the township committee. He shall sign and execute documents and agreements on behalf of the township. He shall have the power to make proclamations concerning holidays and events of interest to the township. He shall exercise the ceremonial power of the township and every other power usually exercised by township mayors or conferred upon him by law. In the absence or disability of the mayor, the township committee shall designate someone to act in his stead.
[New; amended 3-2-2021 by Ord. No. 2021-04]
a. 
Regular Meetings. The township committee shall meet annually within the first week in January. The committee shall meet regularly thereafter on the first and third Tuesday of each month at 7:00 p.m., except that the committee may, by resolution, dispense with or change the date of a regular meeting. When the time for any regular meeting of the committee falls on a legal holiday as prescribed by law, such meeting shall be held at the same hour on the following day.
[Amended 1-18-2022 by Ord. No. 2022-02]
b. 
Special Meetings. A special meeting may be called at any time upon written request of a majority of the members of the township committee or by the mayor. The request and call for a special meeting shall specify the purpose of the meeting and no business shall be transacted at any special meeting other than that specified. The call for a special meeting shall be filed with the township clerk and shall be served upon each committee member as provided by law and such other notice shall be given as provided by law.
[New]
All regular and special meetings of the township committee shall be open to the public. The rules of procedure to be followed and rules for the consideration of nominations submitted by the mayor and for the conduct of other business of the committee shall be provided by resolution.
[New]
A majority of the whole number of members of the township committee shall constitute a quorum, and no ordinance shall be adopted by the township committee without the affirmative vote of a majority of the quorum of the committee unless otherwise provided by law. If a quorum is not present one-half hour after the appointed time for any meeting, the presiding officer or the clerk may declare the meeting adjourned.
[New]
The vote upon every ordinance, and upon every motion or resolution, when requested shall be taken by roll call and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the township clerk.
[New]
All ordinances shall be introduced, read, heard and enacted in the manner provided by general law.
[New]
The ordinance book shall be signed by the mayor and clerk.
[New; amended 3-2-2021 by Ord. No. 2021-04]
Pursuant to R.S. 40:146-13.1 the committee shall have the power and authority to elect, from among its members, a Deputy Mayor of the committee. In the absence or disability of the Mayor, the Deputy Mayor shall have all the powers and duties of the Mayor and shall serve and be known as the acting Township Mayor.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 3/28/74, 12/1/92, 12/17/96, 2007-18.
[Ord. No. 2018-25 § 1]
The Mayor and Township Clerk are hereby authorized to execute an Agreement establishing a Joint Municipal Court known as "The Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack" pursuant to the authority granted to the municipality by N.J.S.A. 2B:12-1 et seq. The Agreement is attached hereto as Exhibit A, and its terms and conditions are incorporated herein.
[Ord. No. 2018-25 § 2]
This Ordinance No. 2018-25 will be effective upon the adoption of reciprocal ordinances by the governing bodies of all participating municipalities, the Township of Frankford, the Township of Lafayette, the Township of Sandyston, the Township of Montague and the Township of Walpack.
[Ord. No. 2018-25 § 3]
On the effective date of this Ordinance No. 2018-25, (as above provided) the Joint Municipal Court heretofore existing and known as The Municipal Court of Frankford, Lafayette, Branchville, Sandyston, Montague and Walpack shall be abolished and its function, powers and duties, records, property and pending cases shall be transferred to the new Joint Municipal Court established herein.
[Ord. 2/17/98, §§ 1—6]
a. 
Office Established; Appointment; Term. There is hereby established the position and office of the Municipal Public Defender which position shall be filled by the appointment through the unanimous consent and memorializing resolutions of the governing bodies of Frankford, Lafayette, Sandyston, Montague and Walpack. The term of the office of public defender shall be one year, commencing January 1, of the calendar year and concluding December 31, of that same year. The term of office of the public defender for the initial year of that position shall commence from the date of appointment and conclude on December 31, of the same year as the appointment.
b. 
Eligibility for Services. Eligibility for services of the municipal public defender shall be determined by the municipal court on the basis of the need of the defendant, except as otherwise provided by state law. The need shall be measured according to N.J.S.A. 2A:153(a)-14 and guidelines promulgated by the New Jersey Supreme Court.
c. 
Compensation. Compensation for the municipal public defender and the payment terms thereof, shall be set by ordinances of the participating municipalities following agreement between them regarding the compensation and payment terms. The ordinances and agreement setting compensation shall also set forth any additional compensation to be paid for interlocutory appeals in the Superior Court.
d. 
Fee for Representation. Any person who applies for representation by the municipal public defender, or a court approved counsel, shall pay an application fee of $200 for the services of the municipal public defender. In accordance with guidelines promulgated by the Supreme Court, the municipal court may waive any required application fee, in whole or in part, only if the court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. The municipal court may permit a person to pay the application fee over a specific period of time not to exceed four months.
e. 
Application fees collected pursuant to this subsection shall be dedicated to a fund administered by the court administrator of the joint municipal court. The monies in the fund shall be used exclusively to meet the cost incurred by the municipalities in providing the services of the municipal public defender, and, when required, for expert and lay investigation and testimony requested by the public defender. Provided, however, that the fund shall not be available for, and municipalities shall not be obligated to pay for, expert and lay investigations or testimony until after March 22, 1999.
f. 
This subsection shall become effective on March 22, 1998, and the position and office of municipal public defender shall be deemed to have been created on that date; however, the section of this subsection regarding the required payment of an application fee by a defendant for the appointment of a municipal public defender shall take effect immediately, and the court administrator may implement and collect the application fee immediately upon adoption of the required ordinances by all of the participating municipalities.
EXHIBIT A: AGREEMENT FOR INTERMUNICIPAL COURT
(Subsection 2-2.1)
AGREEMENT FOR INTERMUNICIPAL COURT FOR THE MUNICIPALITIES OF FRANKFORD TOWNSHIP, LAFAYETTE TOWNSHIP, SANDYSTON TOWNSHIP, MONTAGUE TOWNSHIP AND WALPACK TOWNSHIP
THIS AGREEMENT, made this 1st day of January 2019.
BY AND BETWEEN: TOWNSHIP OF FRANKFORD, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Frankford"), with an address of 151 State Highway 206, Augusta, New Jersey, 07822; TOWNSHIP OF LAFAYETTE, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Lafayette"), with an address of 33 Morris Farm Road, Lafayette, New Jersey, 07848; TOWNSHIP OF SANDYSTON, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Sandyston"), with an address of 133 Route 645, Sandyston, New Jersey, 07826; TOWNSHIP OF MONTAGUE, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Montague"), with an address of 277 Clove Road, Montague, New Jersey, 07827; and TOWNSHIP OF WALPACK, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Walpack"), with an address of 16 Old Mine Road, Walpack, New Jersey, 07881; and,
WHEREAS, Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack currently maintain a Joint Municipal Court for those six municipalities, which Municipal Court is known as "The Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack"; and
WHEREAS, N.J.S.A. 2B:12-1 authorizes the formation of a Joint Municipal Court provided that an Agreement is entered into by all of the participating municipalities and provided that such Agreement is filed with the Administrative Director of Courts.
NOW, THEREFORE, the Township of Frankford, the Township of Lafayette, the Township of Montague, the Township of Sandyston and the Township of Walpack agree as follows:
1. Frankford, Lafayette, Sandyston, Montague and Walpack agree to the formation, establishment and administration of a Joint Municipal Court to serve those five municipalities, pursuant to N.J.S.A. 2B-12-1 et seq.
2. The Municipal Court to be established pursuant to this Agreement will be known as "Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack."
3. The Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack further agree to provide Court services for and on behalf of Walpack Township.
4. The Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack will have a seal bearing the name of the Court.
5. The Court will have such jurisdiction as is now, or will hereafter be confirmed upon it by the Laws and Court Rules of the State of New Jersey, and the practice and procedure of the Court shall be governed by the Laws in such case made and provided in such Rules as the Supreme Court will promulgate and make applicable to the Court.
6. The Municipal Court will have one Judge who will be known as the Judge of the Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack. The Judge will be nominated and appointed as provided by N.J.S.A. 2B:12-4. The Judge shall be an employee of the Township of Frankford, and the Judge's salary, benefits and other expenses shall be billed by the Township of Frankford and equally divided among the Townships of Frankford, Lafayette, Sandyston and Montague on a quarterly basis. The Judge's salary shall be established by the Township of Frankford, provided that any salary increase that would exceed 2% shall require the approval of all participating municipalities.
7. The Municipal Court will have one Court Administrator and such other necessary clerical or other assistants as agreed upon by the participating municipalities or as required by the Administrative Office of the Courts. The Court Administrator and all other Court personnel shall be employees of the Township of Frankford and their salaries, benefits and other expenses shall be billed by the Township of Frankford and equally divided among the Townships of Frankford, Lafayette, Sandyston and Montague on a quarterly basis. The salaries of Court personnel shall be established by the Township of Frankford, provided that any salary increase that would exceed 2% shall require the approval of all participating municipalities.
8. The Municipal Court will be located at the Municipal Building for the Township of Frankford. The Township of Frankford will make available for the Court, the courtroom and offices for the personnel of the Court. In consideration for Frankford Township's contribution of the Court Facility, rent at the flat rate of $20,000 per year, equally divided among the Townships of Frankford, Lafayette, Sandyston and Montague, shall be paid to the Township of Frankford for all portions of the Frankford Township Municipal Building that are used exclusively and non-exclusively by Court personnel for the administration of the Court. At the time of the execution of this Agreement, these areas include the office of the Court Administrator, Chambers of the Judge, conference room, courtroom, together with all common areas and the parking lot utilized when the Court is in session.
9. The Court Facility is presently in compliance with all mandates of the Administrative Office of the Courts. In the event any further improvements are mandated during the term of this Agreement, all participating municipalities will share equally in the cost of complying with any such mandates.
10. To the extent that any revenue cost or fine received by the Municipal Court is recoverable by a municipality (for example, but not by way of limitation, fines for violations of municipal ordinances), such revenue cost or fine shall be the property of, and allocated and delivered to the individual municipality in which the violation, warrant, complaint or ticket was issued; provided however, that any revenue recoverable by the Township of Walpack shall be retained by the Municipal Court in lieu of any additional monetary obligation, and in full compensation for the Court services provided to the Township of Walpack by the Township of Frankford under this Agreement.
11. Frankford Township shall maintain all required insurances with respect to the operation of the Court and the Frankford Township Municipal Building, wherein the Court is to be operated. Lafayette, Sandyston, Montague and Walpack Townships agree to notify their general liability insurance carriers that they will be maintaining a Joint Court at the Frankford Township Municipal Building, and each Township shall be responsible, to the extent required by their individual insurers, to obtain any additional insurance and/or endorsements from their respective insurers with respect to the Court and/or its operations.
12. The Court will have a Prosecutor and Assistant Prosecutor, and any required substitute prosecutors as may be required by the rules and regulations of the Administrative Office of the Courts. The Prosecutor and Assistant Prosecutor shall be appointed by the Township of Frankford, who will be known as the "Prosecutor and Assistant Prosecutor of the Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack". The Prosecutor and Assistant Prosecutor will receive compensation as authorized by a professional services contract, and as approved by Frankford Township upon appointment. The Prosecutor and Assistant Prosecutor will serve for such term fixed by said professional services contract.
13. A Municipal Court Committee will be created and operated to act as a liaison between Court personnel and representatives of the governing body of each participating municipality. Each participating municipality agrees to designate one member of their governing body to serve on the Municipal Court Committee, which Committee will meet from time to time to assure that there is cooperation between the municipalities and communication of all matters relating to the Municipal Court.
14. Any of the participating municipalities may withdraw from the Joint Court created herein upon a minimum of six months' written notice to all other participating municipalities, and no such withdrawal may be effective until December 31 of the same calendar year. In addition, any such withdrawal shall be subject to approval by the Administrative Office of the Courts, and shall become effective upon the date so approved. All Court files of the withdrawing municipality shall be retained, maintained and/or disposed by the Joint Court, in accordance with the applicable rules and regulations. Any matters pending in the Joint Court as of the effective date of withdrawal that emanated from the withdrawing municipality shall be concluded in the Joint Court with any fines or costs payable to the withdrawing municipality being retained by the Joint Court in compensation for concluding the adjudication of each such pending matter.
15. Pursuant to N.J.S.A. 2B:9-1, the municipalities of Frankford, Lafayette, Branchville, Sandyston, Montague and Walpack agree that the Municipal Court formerly known as the "Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack" is abolished and that all Agreements between the aforesaid municipalities relating to the Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack are hereby rescinded and of no force or effect.
16. This Agreement will become effective only after ordinances authorizing the execution of this Agreement and establishment of the Municipal Court have been passed by the governing bodies of each of the five municipalities. Upon passage of the ordinances and full execution of this Agreement, this Agreement will be filed with the Administrative Director of Courts.
[1]
Editor's Note: This subsection will be effective only after identical ordinance have been passed by the governing bodies of the Township of Frankford, the Borough of Branchville and Township of Sandyston; and upon proper publication and completion of all procedures required under the law.
[Ord. 5/8/73, § 1]
The township is hereby authorized to enter into a cooperative joint purchasing program for the year 1973 and each year thereafter until revoked or changed, with other municipal bodies and school districts within the County of Sussex and any other public agencies within the county which may choose to participate in the cooperative joint purchasing program as hereinafter provided, for such materials and upon such terms as may be agreed to by the participating municipalities pursuant to the Statutes of the State of New Jersey pertaining thereto.
[Ord. 5/8/73, § 2]
The materials to be purchased cooperatively shall include motor gasoline, fuel oil, rock salt, snow grits, and such other items as two or more of the participants in the program determine can be purchased on a joint cooperative basis.
[Ord. 5/8/73, § 3]
A single advertisement for bids for the materials to be purchased shall be placed on behalf of all the participants desiring to purchase any item by one party in the program selected by the participants.
[Ord. 5/8/73, § 4]
The party selected to advertise for bids shall receive the bids on behalf of all of the participants. Following the receipt of bids, the selected party shall, after review of the bids with the other participants make one award to the lowest responsible bidder for each separate item on behalf of all the participating agencies.
[Ord. 5/8/73, § 5]
After the award of bids each agency shall order materials when needed in the quantities required. Successful bidders shall bill the agencies separately for materials received and payments shall be made directly to the bidder by each agency. No participant in the program shall be responsible for payment for any materials to be used by any other participating municipality.
[Ord. 5/8/73, § 6]
A separate agreement providing the detailed procedures for the administration of the cooperative joint purchasing program shall be executed by each of the participating municipalities.
[Ord. 5/8/73, § 7]
The authorization for the cooperative joint purchasing program shall continue until revoked or amended by ordinance of the Township of Lafayette, or otherwise by virtue of the Statutes of New Jersey, or other governmental authority having jurisdiction thereover.
[Ord. 7/13/76]
In accordance with N.J.S. 40A:5-17A, vouchers shall be paid in the following manner:
a. 
Vouchers shall be checked by financial officer.
b. 
Vouchers shall be approved by township committee.
c. 
Checks shall be drawn for aforesaid vouchers, and be signed by mayor, treasurer and clerk.
[Ord. 8/1/72, § 1501; Ord. 12/2/97, § 1; Ord. 9/4/01, § 1]
There is established in the township a volunteer fire department which shall consist of not more than 35 members and a first responders squad.
[Ord. 8/1/72, § 1501]
The fire department hereby established shall consist of the present volunteer fire department of the Township of Lafayette together with such other members as shall hereafter be elected by the department.
[Ord. 8/1/72, § 1502]
The fire department so created shall adopt such rules and regulations as required by law, which shall be submitted to the township committee for approval and when approved shall govern the department.
[Ord. 8/1/72, § 1502]
The fire department shall keep records and make reports as are required by law, and shall make reports to the township committee when requested to do so.
[Ord. 8/1/72, § 1503; Ord. 2/10/81]
No person shall hereafter become a member of the township fire department or any unit thereof unless above the age of 18 years and not over the age of 40, is a citizen of the United States and a resident of the Township of Lafayette or of such portions of adjoining townships serviced by the Lafayette Township Volunteer Fire Department under a contract or agreement between such other municipality and the Township of Lafayette, such residency to be for a minimum of six months. He shall be physically fit to perform the duties of a fireman, evidenced by a certificate to that effect by a practicing physician of the State of New Jersey, after physical examination for that person.
[Ord. 8/1/72, § 1504]
Every member of the fire department shall every year perform at least 60 percent of duty, to be composed of actual attendance and duty at fires and drills, and a record shall be kept of such attendance and duty and reported to the municipal officers annually by the chief of the department in accordance with the laws of 1935 as amended by the laws of 1936.
Every person seeking to join the fire department shall make application to the company unit which he desires to join. Upon his election to membership by vote of a majority of the unit present and voting, he shall become a member in good standing of the fire department. After his approval of membership by the chief and confirmation by the township committee, his name shall be entered on a roll of firemen kept by the township clerk. He shall be given a badge of membership in his unit by the township committee which badge shall be worn at all times when on duty and which shall be delivered up to the chief at any time upon demand of the chief, or whenever the person shall be under charges involving moral turpitude or neglect of duty, or for any cause shall cease to be an active fireman.
Exemption certificates will be issued to members of the township fire department who shall have served seven years in active duty under township control as required by laws of 1935 as amended by the law of May 1936.
[Ord. 12/2/97, § 2]
The Lafayette Township Fire Department be and is hereby permitted to establish a Junior Fireman's Auxiliary Department subject to the rules and regulations adopted and modified from time to time substantially similar to the rules and regulations dated October 27, 1997 on file with the township clerk; which rules and regulations are incorporated herein by reference.
[Ord. 9/4/01, §§ 2—8; Ord. No. 2005-04 §§ 2—8]
a. 
The Lafayette Township Fire Department is hereby permitted to establish the Lafayette Township Fire Department Emergency Medical Service. The EMS shall be governed by its separate Constitution, bylaws and its Standard Operating Guidelines. The Chief of the Lafayette Township Fire Department shall also be the head of the EMS, although he is not subject to any of the membership requirements of the EMS, nor shall be respond to a call as an EMS member unless he is duly certified.
b. 
Any limitation as to the number of members in the EMS shall be set forth in the Constitution of the EMS. Members of the EMS shall not count against the existing membership limit of 35 for the Lafayette Township Fire Department.
c. 
The EMS is hereby permitted to use the Lafayette Township Firehouse for its meetings and official business. The Lafayette Township Fire Department may at the discretion of the Chief of the Lafayette Township Fire Department and subject to the fire department's rules and regulations, loan its property to the EMS under reasonable terms imposed by the chief of the fire department and captain of EMS.
d. 
Membership in the EMS is open to any resident of Lafayette Township who meets the requirements of the first responders squad which requirement shall be in conformance with N.J.A.C. 13:12-1.1 as well as any qualified person who works within the township although a nonresident. All members shall possess the necessary certification and meet any applicable requirements set forth in the Revised Statutes of the New Jersey Administrative Code. Membership in the Lafayette Township Fire Department and EMS shall be separate and membership in one does not confer membership in the other.
e. 
Should there be any conflict between the Lafayette Township Fire Department's Rules and Regulations and the EMS Constitution, Amendments thereto or Standard Operating Guidelines, the conflict will be resolved in the first instance by the Chief of the Lafayette Township Fire Department. Any aggrieved party may appeal to the township committee for resolution. Should such a conflict arise the Chief of the Lafayette Township Fire Department shall advise the Lafayette township committee in writing. The township committee may, at their discretion, hold a hearing to resolve the conflict or dispute.
f. 
No member of the EMS shall be permitted to operate a defibrillator without possessing the necessary certification and any required approval of the Department of Health and Senior Services. Further, the possession, use, and operation of any defibrillator by the EMS or any member thereof shall be in strict conformance with any law or regulation or any guideline issued by the Department of Health and Senior Services.
g. 
The EMS squad shall follow all requirements of N.J.A.C. 13:12-1.1 including the notice and filing provisions. The EMS shall maintain and inspect all equipment used in the performance of its duties in accordance with the Department of Health and Senior services regulations.
[Ord. No. 2007-15, §§ 1—7]
a. 
Subsection 2-5.1 of the code of the Township of Lafayette is hereby amended to provide that the Fire Department shall now include the Lafayette Township Fire Department First Responders Squad ("First Responders Squad").
b. 
The Lafayette Township Fire Department is hereby permitted to maintain the Lafayette Township Fire Department First Responders Squad. The first responders squad shall operate as an extension of the Lafayette Township Fire Department and be governed by a constitution and bylaws as set forth by the Lafayette Township Fire Department. The Chief of the Lafayette Township Fire Department shall, also, be head of the first responders squad, although he/she is not subject to any of the membership requirements of the first responders squad, nor shall be/she respond to a call as a first responder unless he/she is duly certified.
c. 
Any limitation as to the qualifications and number of members in the first responders squad shall be set forth in the Constitution of the first responders squad. Members of the first responders squad shall not count against the existing membership limit of 35 for the Lafayette Township Fire Department.
d. 
The first responders squad is hereby permitted to use the Lafayette Township Firehouse for its meetings and official business. The Lafayette Township Fire Department may, at the discretion of the Chief of the Lafayette Township Fire Department and subject to the Fire Department's rules and regulations, loan its property to the first responders squad under reasonable terms imposed by the chief.
e. 
Should there by any conflict between the Lafayette Township Fire Department's Rules and Regulations and the First Responders Squad's Constitution, Amendments thereto or Standard Operating Guidelines, the conflict will be resolved by the Chief of the Lafayette Township Fire Department.
f. 
No member of the first responders squad shall be permitted to operate a defibrillator without possessing the necessary certification and any required approval of the State of New Jersey Department of Health and Senior Services. Further, the possession, use and operation of any defibrillator by the first responders squad or any member thereof shall be in strict conformance with any law or regulation or any guideline issued by the State of New Jersey Department of Health and Senior Services.
g. 
The first responders squad shall follow all requirements of N.J.A.C. 13:12-1.1 including the notice and filing provisions.
[Ord. No. 2014-12]
a. 
Emergency Response Fee Authorized. In the event the LTVFD (Lafayette Township Volunteer Fire Department) is called upon to provide emergency services and responds to such a call, a reasonable and proportional amount may be billed to offset costs and expenses arising from the response for supplies, materials and provisions that are used or expended in the course of the emergency response, maintenance for equipment, repair and replacement of equipment and maintenance and fuel for emergency vehicles, and other similar costs as specified by the procedures set forth in this subsection.
b. 
Procedure. The Chief of the LTVFD or his designee shall establish a schedule of fees for typical and common responses by the LTVFD. For any response falling within a category covered in the schedule, the fee set forth in the schedule shall be used. The schedule shall be based upon a reasonable determination of the costs and expenses incurred as a result of the response. For any response that is not covered by the schedule the Chief of the LTVFD or his designee shall prepare a bill based upon a reasonable determination of the costs and expenses actually incurred in carrying out the response. The schedule may be revised annually and a copy shall be filed with the Township Clerk.
c. 
Accounting. No later than January 31st of each year the LTVFD shall provide to the Lafayette Township Clerk an accounting of all bills submitted and a list of all funds received during the prior year.
d. 
Billing. All amounts that are authorized to be billed under this subsection shall be in writing and billed by the Chief of the LTVFD, his designee or a contracted billing entity. All bills shall be sent out within 30 days of the response.
e. 
Hardship Waiver. The LTVFD shall create a single set of criteria that would allow for a hardship waiver from the response fee. Hardships shall be determined on a case by case basis by the LTVFD.
[Ord. 5/3/32 §§ 1—4; Ord. 5/4/37 §§ 1—4; Ord. 6/12/73]
Salaries shall be paid to all officers and employees of the township as provided by ordinance or by resolution where so provided.
[Ord. 8/54; New; Ord. 5/9/78; Ord. 2/27/79; Ord. 8/14/79; Ord. 4/7/87 §§ 1, 2; Ord. 9/3/96 § 1; Ord. No. 2004-0-6 § 1; Ord. No. 2009-04 § 1; Ord. No. 2012-03; Ord. No. 2012-20; Ord. No. 2013-09]
Unless provided elsewhere in this revision all fees shall be as hereinafter set forth:
a. 
The township clerk is hereby authorized to dispense copies of the following, upon payment of proper fees:
1. 
Master plan: $30.
2. 
Zoning ordinance and map: $5.
3. 
Land Use ordinance: $5.
4. 
Land Use Procedures ordinance: $5.
5. 
Tax map, per page: $1.
6. 
Individual recordings of meetings, per CD: $1.
7. 
Individual copies, per page: $0.05.
b. 
The township building inspector is hereby authorized to dispense copies of the following upon payment of proper fees:
1. 
Flood control certificate: $5.
c. 
The township tax collector is hereby authorized to dispense copies of the following upon payment of proper fees:
1. 
Redemption request fee upon 3rd and subsequent request: $50.
2. 
Redemption request fee (lien holder): $50.
3. 
Tax status request fee: $10.
d. 
The township tax collector is hereby authorized to charge a return check fee of $20 for a check returned to the township designated as having insufficient funds.
e. 
The township tax collector is hereby authorized to dispense printouts of tax line items to tax searchers upon the payment of proper fee:
1. 
The fee for printouts of tax line items for tax searchers shall be $2 per tax line item.
f. 
The registrar of vital statistics is hereby authorized to dispense copies of the following, upon payment of proper fees:
1. 
Certified Copies:
(a) 
Birth certificate: $5.
(b) 
Marriage certificate: $5.
(c) 
Death certificate: $5.
2. 
Marriage license: $28 (or as specified by the NJ State Registrar).
3. 
Civil Union license: $28 (or as specified by the NJ State Registrar).
4. 
Domestic partnership: $28 (or as specified by the NJ State Registrar).
g. 
In accordance with N.J.S.A. 54:4-23.21 and N.J.A.C. 18:15-3.4(b), the fee for on-site inspection of property pursuant to the Farmland Assessment Act, payable every three years is $25.
Note: Contiguous and noncontiguous parcels of land under the same ownership are subject to a single fee.
h. 
The recreation commission is hereby authorized to charge a fee of $75 for the use of the township pavilion at the pond. The recreation commission will utilize a "Pavilion Use Request Application Form" approved by the township committee. This form will be used for all organizations and residents requesting the use of the pavilion.
[Ord. No. 2009-06 §§ 1—3]
a. 
Statement of Need. The township committee of the Township of Lafayette has noted that significant costs and expense are incurred by the township as a result of the necessity of plotting on the township's maps on the change of ownership of real property within the township. The township committee of the Township of Lafayette concludes that it is more equitable to its citizens that the owner of real property within the township shall pay a fee to ameliorate the cost of plotting on the township maps the transfer of ownership.
b. 
Recording and Plotting of Deeds.
The owner of record of real property within the township shall, simultaneously with obtaining a smoke detector certification, pay to the tax collector of the Township of Lafayette a fee of $50 to cover the costs of recording the transfer of ownership of the real property in the official records of the township and amending the tax maps.
There is attached hereto a pro forma copy of the form to be utilized by the record owner of property and presented to the tax collector.
There shall be submitted, with the form provided for in paragraph b2, a copy of the proposed deed or other instrument evidencing the transfer.
The only exception to the above is that any property that is exempt on its transfer of the realty transfer tax, pursuant to N.J.S.A. 46:15-5 et seq. shall, also, be exempt from the payment of the tax map fee.
Failure to comply with the provisions of this subsection shall result in additional imposition of a fine of $100, which fine shall constitute a lien on the property transferred and shall remain a lien until the fee and fine are paid in full.
c. 
Limited Effect. Any fee set forth in Chapter 2, Administration, of the Code of the Township of Lafayette pertaining to fees not amended by this subsection shall remain in full force and effect.
TOWNSHIP OF LAFAYETTE
33 Morris Farm Road
(973) 383-1817
Lafayette, NJ 07848
(973) 383-0566 (fax)
Notice to: Sellers/Purchasers of Property Located in the Township of Lafayette, Sussex County, NJ
TAX MAP FEE
Pursuant to the Code of the Township of Lafayette, Chapter 2 (2-7), a fee of $50 is due upon closing of title to all properties located in the Township of Lafayette.
All owners of real property within the Township of Lafayette shall pay to the Tax Collector of the Township of Lafayette a $50 fee to cover the cost of revisions to the Tax Map upon the transfer of title to the property.
The only exception to the above is that any property that is exempt on its transfer of the realty transfer tax, pursuant to N.J.S.A. 46:15-5, et seq. shall also be exempt from the payment of the Tax Map fee.
Upon closing of title, please forward to the Lafayette Township Tax Collector an attorney's trust account check, money order or certified check in the amount of $50 payable to the Township of Lafayette.
Please attach your check to this form, Note in the memo, "Tax Map Fee," and the Block and Lot of the Property and complete the following information:
Block __________Lot __________________Qualifier _____________________________
Property Location: ______________________________________________, Lafayette, NJ
Full Name of Grantor: _______________________________________________________
Full Name of Grantee: _______________________________________________________
Date of Closing: ___________________________________________________________
[Ord. 8/9/77, § 1]
A department be and hereby is established in and for the township to be known as the Lafayette Township Recreation Commission.
[Ord. 8/9/77, § 2]
The commission shall be composed of nine residents of the township to be appointed as follows:
a. 
Three shall be initially appointed for a term of three years.
b. 
Three shall be initially appointed for a term of two years.
c. 
Three shall be initially appointed for a term of one year.
d. 
Each year hereafter three persons shall be appointed annually for a term of three years in place of the terms of the members then expiring.
e. 
A chairman of the commission shall be elected annually by the members of the commission at their first meeting, and the chairman shall thereafter preside over all meetings of the commission. The chairman shall also have such other powers or duties as may be delegated to him by the commission or by the township committee.
[Ord. 8/9/77, § 3]
a. 
The commission shall meet annually in January of each year after establishment of the full commission by appointment of the members thereof.
b. 
The commission shall meet at least monthly during the year.
c. 
The commission may establish such special meetings as may be required either by a vote of the majority of the commission or as may be declared by the chairman thereof upon his own volition, or upon request by three or more members of the commission. Notice of such special meeting shall be given at least 48 hours in advance of the meeting by the chairman or secretary of the commission to each of the members specifying the purpose of the special meeting.
[Ord. 8/9/77, § 4]
The commission herein established shall be empowered to:
a. 
Recommend actions or programs to establish and implement a comprehensive recreational program for the residents of the township.
b. 
Recommend additional or special programs to be instituted in the township from time to time.
c. 
Submit a proposed budget of the financial needs of the commission annually not later than December 1 of each year for the ensuing annual township budget.
d. 
Adopt regulations and provisions governing the supervision and operation of the various recreational programs and facilities within the township.
e. 
Cooperate with the township board of education for any needed facilities or activities for the school children, or for the use of other township facilities by the board of education for recreational purposes.
f. 
Maintain communication with various service clubs, churches, and fraternal organizations and any other clubs or organizations within the township in an effort to foster good public relations within the various elements in the township respecting proper recreational facilities and activities.
g. 
Perform such other duties and responsibilities as may be assigned to the commission from time to time by resolution of the township committee.
[Ord. 5/25/82]
OFFICIAL or MUNICIPAL OFFICIAL
As used herein, shall mean a present or former municipal employee, appointee, official, elected official, or member of the various boards, agencies and commissions of the Township of Lafayette, Sussex County, New Jersey.
[Ord. 5/25/82]
The township is hereby authorized to provide for the defense of actions brought against its officials and to indemnify such officials to the extent hereinafter set forth, and shall save harmless and protect such persons from any financial loss resulting from litigation.
The obligation of the township to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the township itself would be liable for the acts of its employees under the Doctrine of Respondent Superior.
[Ord. 5/25/82]
a. 
The township shall defray the costs of defending any criminal action against any official provided:
1. 
It is authorized by state statute, municipal ordinance or by resolution and provided the criminal proceedings have been dismissed or result in a final disposition in favor of the official.
2. 
The township committee determines that there is no good cause to dismiss the official arising out of the incident or related incidents of the criminal proceedings.
b. 
The township shall provide for the defense of any criminal action against any official provided:
1. 
It is authorized by state statute, municipal ordinance, or by resolution and such defense is not herein otherwise limited.
[Ord. 5/25/82; Ord. 9/5/89, § 1]
The township committee shall not approve indemnification or the defense of any action if:
a. 
The act or omission complained of was not within the scope of employment;
b. 
The act or omission complained of was because of actual fraud, willful misconduct or actual malice;
c. 
The defense of the action or proceeding would create a conflict of interest between the township and the official involved;
d. 
There exist policies of insurance either obtained by the township, the municipal official or by another by virtue of which the municipal official is entitled to a defense of the action in question from the insurer;
e. 
The municipal official has failed to deliver to the township committee within ten days of the time he or she is served with any summons, complaint, process, notice, demand, or pleading, the original or copy of such document or thereafter fails to cooperate with the township in the defense of the matter;
f. 
The official fails to timely request in writing the defense of any action;
g. 
The official has failed to cooperate fully with the township in the defense of the matter;
h. 
The action was brought by the township;
i. 
The action was brought by the officer or employee; or
j. 
Where the legal proceeding involves the question concerning the election law.
[Ord. 5/25/82]
a. 
If the township committee determines to provide a defense as authorized in this section, it may do so by:
1. 
The township attorney;
2. 
Hiring an attorney of its choice and paying the same directly;
3. 
Reimbursing the municipal official for reasonable attorney's fees expended or obligated to be expended by such official in the defense of the act; or
4. 
By asserting the municipality's right under any appropriate insurance policy requiring an insurer to provide a defense.
b. 
In the event the township is asked to reimburse the municipal official for reasonable attorney's fees, the attorney must at the commencement of the action, submit a letter in writing to the township committee indicating his or her representation, the financial terms for his or her representation and an agreement to provide an itemized bill periodically and at the conclusion of his or her representation of the individual to the township committee. Failure of the official to have his or her attorney comply with this procedure shall preclude the municipal official from any reimbursement for reasonable attorney's fees.
[Ord. 5/25/82]
a. 
In any case where the township is required to provide a defense under this section, the township shall pay or shall reimburse the official for the following:
1. 
Any bona fide settlement agreements entered into by the official provided that the settlement agreement was submitted to and approved by the township committee before the same is executed by the parties.
2. 
Any judgments entered against the official.
3. 
If the township has improperly failed to provide a defense required under this section, all costs of defending the action, including reasonable counsel fees and expenses together with costs of any appeal.
b. 
In addition, in any case where the township would be required to provide a defense under this section, except for the fact that such defense is provided by insurance, the township shall provide indemnification but only to the extent not covered by insurance.
c. 
Nothing in this section shall authorize the township to pay for punitive or exemplary damages or the damages resulting from the commission of a crime.
d. 
In any case where the township committee has not approved and provided a defense of an action because of its determination that the act or omission complained of was caused by actual fraud, willful misconduct, or actual malice on the part of the official and where a verdict is rendered adjudicating the act or omission complained of was not caused by the willful misconduct, actual fraud or actual malice, then the township shall reimburse the official for the cost of defending such action and shall otherwise indemnify the official for any verdict or judgment.
e. 
In the case where the township has provided for the defense of a public official or public employee, and a verdict is rendered adjudicating that the act or omission complained of was caused by the actual malice of the official, an appropriate action to obtain reimbursement of the costs of defending the action from the public official will be taken.
[Ord. 5/25/82]
If any section, subsection, sentence, clause, or phrase or portion of this section is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
[Ord. 5/25/82]
In addition to the provisions hereof, all officials of the township shall be entitled to defense and indemnification as provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A. 59:10A-1 et seq.
[Ord. 9/5/89, § 2]
a. 
Approvement of Settlement. If the legal proceeding is terminated by an agreement among the parties, then the township shall not be obligated to reimburse the municipal official unless the township approves the settlement agreement.
b. 
Costs Attributable to Counter Action. If the municipal official files a counter action in the legal proceedings, the township shall not be obligated to reimburse him for any attorney's fees or court costs attributable to such counter claim.
c. 
Time of Payment. The township may reimburse a municipal official for a portion of expenses incurred prior to a final decision in a legal proceeding, but the township shall be entitled to wait for a final determination before being obliged to make any payments.
[Ord. 10/10/78, § 1]
The provisions of Subdivision B of Revised Statutes of New Jersey 26:3-3 et seq. are hereby adopted, and pursuant thereto there is hereby established a local board of health in the township to consist of not less than five nor more than seven members, one of whom shall be a member of the township committee.
[Ord. 10/10/78, § 2]
The members of the local board of health herein established shall be appointed by a majority of the members of the township committee of the Township of Lafayette, and shall hold office for a term of four years from January 1 of the year of their appointment, and until their successor or successors have been appointed and qualified, except as herein provided.
[Ord. 10/10/78, § 3]
Of the members first appointed, the terms of not exceeding three members shall be for two years, the terms of not exceeding three members shall be four years, and the term of the member of the township committee shall be one year. Other than a member of the township committee, all appointments of members after the first appointment shall be four years as herein provided.
[Ord. 10/10/78, § 4]
Any vacancy which may arise among the members of the local board of health herein created shall be filled by appointment of the township committee for the unexpired portion of the term only.
[Ord. 10/10/78, § 5]
The composition of the present local board of health and the term and powers of the members thereof shall terminate upon the effective date of this section.
[Ord. 6/21/88, §§ 1—3]
a. 
Whenever the owner of any land in the Township of Lafayette applies for the issuance of any license or permit requiring the approval of the municipality or any municipal agency, no such license or permit shall be issued so long as there are any delinquent property taxes or assessments on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted.
b. 
When any licensee or permittee who is the owner of the property upon which the licensed business or activity is conducted has failed to pay the taxes or assessments due on the property for at least three consecutive quarters, the license or permit may be revoked by the township committee upon ten days' notice to the holder of such license or permit. Upon payment of any such delinquent taxes or assessments the license or permit shall be restored.
c. 
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the "Alcoholic Beverage Control Act" R.S. 33:1-1 et seq.
[Ord. 11/22/88, § 1]
This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Township of Lafayette.
[Ord. 11/22/88, § 2]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the lead agency created herein, to be known as the Sussex County Cooperative Pricing Council, or any other contracting unit within the County of Sussex or adjoining counties for the purchase of work, materials and supplies.
[Ord. 11/22/88, § 3]
The road commissioner and/or road foreman shall be designated as the representative of the Township of Lafayette to the Sussex County Cooperative Pricing Council and shall be authorized to accept subsequent request for participation in the agreement on its behalf.
[Ord. 11/22/88, § 4]
The lead agency created in the agreement and the part to the agreement designated by the lead agency to perform administrative services on its behalf shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the Revised Statutes of the State of New Jersey.
[Ord. 3/7/89, § 1]
There is hereby established a department of finance in the Township of Lafayette.
[Ord. 3/7/89, § 2]
The financial business of the Township of Lafayette shall be committed to said department which shall be headed and administered by the chief financial officer of the Township of Lafayette.
[Ord. 3/7/89, § 3]
The chief financial officer must meet all requirements of L. 1988 c. 110 and shall carry out the responsibilities set forth under N.J.S.A. 52:27BB-26 et seq.
[Ord. 3/7/89, § 4]
The chief financial officer, in addition to serving as director of finance, shall also serve as the township treasurer.
[Ord. 3/7/89, § 5]
The chief financial officer shall receive such compensation as may be established in the salary ordinance.
[1]
Editor's Note: The Open Space Recreation, Farmland and Historic Preservation Trust Fund was approved by the voters of the Township of Lafayette at the General Election of November 8, 2005.
[Ord. No. 2005-19 § 1]
A special bank account shall be opened and maintained by the Township of Lafayette known and designated as the "Lafayette Township Open Space, Recreation, and Farmland and Historic Preservation Trust Fund." Funds collected by the township as authorized by this referendum[1] shall be deposited into this account. The said fund shall be established and maintained as authorized by N.J.S.A. 40:12-15.7. Any funds so deposited shall be used exclusively for the purposes authorized by the voters of Lafayette. Any interest or other income earned on monies deposited into this account shall be credited to the fund to be used for the same purposes as the principal.
[1]
Editor's Note: The Open Space Recreation, Farmland and Historic Preservation Trust Fund was approved by the voters of the Township of Lafayette at the General Election of November 8, 2005.
[Ord. No. 2005-19 § 2]
The reserve for open space acquisition shall be funded through the dedication to the fund of an amount of between $0.01 and $0.03 per $100 of assessed valuation of each annual tax levy commencing the year 2006. Discretion for the collection of this tax in accordance with these guidelines will remain within the discretion of the township committee. Intervivos gifts and testamentary bequests of funds paid to the Township of Lafayette and dedicated to the Lafayette Township Open Space, Recreation, and Farmland and Historic Preservation Trust Fund shall be added to the said fund and such funds expended in accordance with this section. Interest earned upon funds deposited within this account shall be added to the funds within this trust fund and are to be used exclusively for the same purpose as the principal. Said funds in this dedicated account may be utilized for any purpose set forth in the approved referendum as authorized by the township committee following the completion of at least one public hearing.
[Ord. No. 2005-19 § 3]
Property which is acquired with the funds from this trust fund shall not be used for a purpose inconsistent with this section and shall not be leased or sold except upon authorization by the township committee and then only after the question of the sale or lease of such property has been acted upon by referendum of the registered voters of Lafayette Township in the manner set forth in N.J.S.A. 40:12-15.9. Where property is acquired in accordance with this section, restrictions upon the use, sale, or lease of such property shall be stated in a deed to be recorded upon the title of such property setting forth in addition that the property was acquired with funds from the Lafayette Township Open Space, Recreation, and Farmland and Historic Preservation Trust Fund.
[Ord. No. 2009-04 § 1]
The purpose of this section is to create the administrative mechanisms needed for the execution of Lafayette Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
[Ord. No. 2009-04 § 2]
As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Lafayette to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Lafayette.
[Ord. No. 2009-04 § 3]
a. 
Establishment of Position of Municipal Housing Liaison. There is hereby established the position of municipal housing liaison for the Township of Lafayette.
b. 
Subject to the approval of the Council on Affordable Housing (COAH), the municipal housing liaison shall be appointed by the governing body and may be a full or part time municipal employee.
c. 
The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Lafayette, including the following responsibilities which may not be contracted out, exclusive of item 6 which may be contracted out:
1. 
Serving as Lafayette's primary point of contact for all inquiries from the State, affordable housing providers, administrative agents and interested households;
2. 
Monitoring the status of all restricted units in Lafayette Township's Fair Share Plan;
3. 
Compiling, verifying and submitting annual reports as required by COAH;
4. 
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
5. 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
6. 
If applicable, serving as the administrative agent for some or all of the restricted units in the Township of Lafayette as described in paragraph f below.
d. 
Subject to approval by COAH, the Township of Lafayette may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Township of Lafayette, except for those responsibilities which may not be contracted out pursuant to paragraph c above. If the Township of Lafayette contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the municipal housing liaison shall supervise the contracting administrative agent.
e. 
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the municipal housing liaison.
f. 
Administrative Powers and Duties Assigned to the Municipal Housing Liaison.
1. 
Affirmative Marketing.
(a) 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Township of Lafayette and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
2. 
Household Certification.
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c) 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f) 
Employing the random selection process as provided in the Affirmative Marketing Plan of the Township of Lafayette when referring households for certification to affordable units.
3. 
Affordability Controls.
(a) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
4. 
Resale and Rental.
(a) 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
(b) 
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.
5. 
Processing Request from Unit Owners.
(a) 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of ownership;
(b) 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and
(c) 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
6. 
Enforcement.
(a) 
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b) 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
(c) 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
(d) 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) 
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f) 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(g) 
Providing annual reports to COAH as required.
7. 
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
[Ord. No. 2011-13]
As used in this section:
a. 
CAMPAIGN COMMITTEE — Shall mean (i) every candidate for Lafayette Township elective municipal office; (ii) every candidate committee established by or for the benefit of a candidate for Lafayette Township elective municipal office; (iii) every joint candidate committee established in whole or in part by or for the benefit of a candidate for Lafayette Township elective municipal office; (iv) every political party committee of the Township of Lafayette; (v) every political party committee of the County of Sussex; and (vi) every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for the Lafayette Township municipal or Sussex County elective offices or Lafayette Township municipal or Sussex County political parties or political party committees. The terms in the foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
b. 
CONTRIBUTION — Shall have the meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans, and in-kind contributions.
c. 
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES — Shall mean all contracts for "professional services" and "extraordinary unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
d. 
BUSINESS ENTITY WHOSE CONTRIBUTIONS ARE REGULATED BY THIS SECTION FOR PURPOSES OF THIS SECTION — Shall mean: (i) an individual including the individual's spouse, and any child/children; (ii) a firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity; (iii) any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in sections (i) and (ii) above and their spouses and child/children; (iv) all partners or officers of such an entity, in the aggregate, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in subparagraph (i) above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any 12 month period prior to the award of, or during the term of, a contract subject to this ordinance; and (vi) all persons who are an "affiliate" of a business entity as defined in sections (i), (ii) and (v) above, as such term is used in 11 U.S.C. 101(2).
[Ord. No. 2011-13 § 1]
a. 
To the extent that it is not inconsistent with State or Federal law, the Township of Lafayette and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "professional services"), nor "extraordinary unspecified services" as such term is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii) and/or media, public relations, lobbying, parking garage management or other consulting and/or management service (hereinafter "extraordinary unspecified services") from any business entity if such business entity has solicited or made any contribution to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Lafayette Township or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Lafayette Township or Sussex County political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of Lafayette Township municipal or Sussex County elections and/or Lafayette Township municipal or Sussex County candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in paragraph g within one calendar year immediately preceding the date of the contract or agreement.
b. 
No business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Township of Lafayette or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution, to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Lafayette Township, or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Lafayette Township or Sussex County political committee or political party committee, or (iii) any PAC between the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecified services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement.
c. 
The monetary thresholds of this section are: (i) a maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for Mayor or Governing Body, or $500 per calendar year to any joint candidates committee for Mayor or Governing Body, or $300 per calendar year to a political committee or political party committee of the Township of Lafayette; (ii) $500 maximum per calendar year to a Sussex County political committee or political party committee; and (iii) $500 maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in paragraph a., or engaged in negotiations for a contract defined in paragraph a., when such business entity's contribution is aggregated with all "persons" defined in paragraph d of "Definitions" above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Lafayette Township candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Lafayette Township or Sussex County political committees and political party committees as described herein combined, without violating paragraph a of this subsection.
d. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be (i) the Lafayette Township Mayor or Governing body, if the contract requires approval or appropriation from the Mayor or Governing body, or (ii) the Mayor of the Township of Lafayette, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor.
e. 
Rules Regarding Subcontractors. No person may be awarded a subcontract to perform under a contract subject to this section, if the subcontractor would be disqualified by paragraph a from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by paragraph a from receiving the contract perform substantially all of obligations described in a contract for professional or extraordinary services that are subject to this section.
[Ord. No. 2011-13 § 2]
No contribution or solicitation of contributions made prior to the effective date of this section shall be deemed to give rise to a violation of this section. (This section was adopted September 6, 2011.)
[Ord. No. 2011-13 § 3]
No contract subject to this section may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this section if it were an initial contract.
[Ord. No. 2011-13 § 4]
a. 
Prior to awarding any contract or agreement to procure "professional services" or extraordinary unspecified services" from any business entity, the Township of Lafayette or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of subsection 2-16.2 of this section. The Township of Lafayette, its purchasing agents and departments shall be responsible for informing the Lafayette Township Committee that the aforementioned sworn statement has been received and that the business entity is not in violation of this section, prior to awarding the contract or agreement.
b. 
A business entity shall have a continuing duty to report to the Township of Lafayette any contributions that constitute a violation of this act that are made during the negotiation, proposal process or the duration of a contract. The Township of Lafayette, its purchasing agents and departments shall be responsible for informing the Governing Body within 10 business days after receipt of said report from the business entity, or at the next Lafayette Township Committee meeting following receipt of said report from the business entity, or whichever comes first.
c. 
The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township of Lafayette, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. No. 2011-13 § 5]
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of subsection 2-16.2 of this section, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
[Ord. No. 2011-13 § 6]
The contribution limitations prior to entering into a contract in subsection 2-16.2a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20 et seq.
[Ord. No. 2011-13 § 7]
a. 
It shall be a material breach of the terms of a Lafayette Township agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has: (i) made or solicited a contribution in violation of this section; (ii) knowingly concealed or misrepresented a contribution given or received; (iii) made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) made or solicited any contribution on the condition or with the agreement that it will be recontributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Lafayette Township, or a holder of public office having ultimate responsibility for the award of a contract, or any Lafayette Township or Sussex County political committee or political party committee, or any PAC; (v) engaged or employed a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the professional business entity itself, would subject that entity to the restrictions of this section; (vi) funded contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engaged in any exchange of contributions to circumvent the intent of this section; or (viii) directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restrictions of this section.
b. 
Furthermore, any business entity that violates subsection 2-16.8a(i-viii) shall be disqualified from eligibility for future Township of Lafayette contracts for a period of four calendar years from the date of the violation.
c. 
Any person who knowingly, purposely, or recklessly violates any provision of this section, or who conspires with another person to violate any provision of this section, or who, with the purpose of promoting or facilitating a violation of this section, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall be subject to punishment including fines and/or imprisonment as fixed by law for violations of the ordinances of the Township of Lafayette.
[Ord. No. 2011-13 § 8]
In addition to any rights that were heretofore available, or which may hereafter be available, to citizens, taxpayers, or associations, to challenge violations of this section, every person aggrieved by a violation of the section, or any taxpayer or resident of the Township of Lafayette has the right, consistent with the Rules of Court, to file charges in a court of competent jurisdiction, and/or to pursue a civil action for a violation of this section in a court of competent jurisdiction, and to seek and obtain declaratory, injunctive, or other legal or equitable relief, including but not limited to, attorneys' fees and costs, arising from or related to a violation of this section.
[Ord. No. 2011-13 § 9]
If any provision of this section, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this section to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this section are severable.
[Ord. No. 2011-13 § 10]
The monetary thresholds of "Definitions" paragraph d and subsection 2-16.2c of this section shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey region, rounded to the nearest $10. The Clerk of the Township of Lafayette shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
[Ord. No. 2016-12 § 1]
There is hereby created an Economic Development Committee which will be known as the "Economic Development Committee of the Township of Lafayette". This Committee shall be advisory to the Township Committee and shall consist of not less than five or more than nine members.
[Ord. No. 2016-12 § 2]
a. 
The term of office of Committee members shall be for three years; and terms shall be arranged so that approximately 1/3 of the total membership shall expire each year.
b. 
The Committee members shall be appointed by the Township Committee and consist of one Township Committeeperson, one Land Use Board member, two or more Township residents, and two or more Township business owners.
c. 
The Economic Development Committee shall meet on a schedule devised by its members, but not less than four times each year.
d. 
A quorum shall consist of a majority of the whole number of members.
[Ord. No. 2016-12 § 3]
The Committee shall organize annually by the election of one of its members as Chairman. The Committee shall, also, elect a Vice Chairman. The Committee shall, also, appoint a Secretary, which Secretary need not be a member of the Committee.
[Ord. No. 2016-12 § 4]
The Economic Development Committee shall have and perform the following duties:
a. 
The development of plans and programs to encourage the expansion and strengthening of existing business and commercial enterprises in Lafayette Township consistent with the best interests of the Township as a whole.
b. 
The development of plans and programs which will attract new business and commercial enterprises to the Township of Lafayette which are in the best interests of the Township as a whole.
c. 
The investigation, analysis and submission of regular reports to the Township Committee on any obstacles to the expansion of the industrial and commercial tax base of Lafayette Township.
d. 
The making of recommendations to the Township Committee regarding any ways or means by which the Township can assist in meeting the needs of any development deemed appropriate.
e. 
The Economic Development Committee may designate one of its members to be a liaison with the Sussex County Economic Development Advisory Committee and the Office of Economic Development.
f. 
The Economic Development Committee may participate in appropriate County and regional economic development activities.
g. 
The Economic Development Committee shall develop ways and means of promoting and attracting Lafayette Township's economic development assets for industry, resort/tourism, transportation, governmental and other potential economic interests.
h. 
The Economic Development Committee shall not exercise any power of condemnation and shall not be authorized to pledge the credit of the Township of Lafayette or to create any debt against the Township or in any manner act as the agent of the Township, except as specifically authorized by resolution of the Township Committee.
i. 
The Economic Development Committee is authorized to expend such monies as may be appropriated for its use in the annual Township budget to carry out the purposes of the Committee as hereinabove set forth.
j. 
The Economic Development Committee shall make an annual report to the Mayor and Township Committee setting forth, in detail, its operations and transactions for the preceding 12 months. The Committee shall keep complete and accurate records of its accounts, shall not exceed its budget and monies received from the Township of Lafayette shall be expended only for the purposes for which they have been appropriated.
[Ord. No. 2016-12 § 5]
Each member and officer of the Committee shall, before assuming office, take and subscribe an oath that he/she will faithfully and impartially discharge the duties of his/her office.
[Ord. No. 2016-12 § 6]
To effectuate its purposes, the Economic Development Committee shall have the power to adopt suitable bylaws for the management of its affairs and to determine the qualifications and duties of its employees and to fix, subject to the budget for the Committee as adopted by the Township Committee, the compensation to be paid to any of its employees.
[Ord. No. 2018-09 § 1]
Length of Service Awards Program ("LOSAP") is hereby created in accordance with N.J.S.A. 40A:14-183 et seq. and applicable regulations as promulgated and implemented by the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs and from time-to-time amended in order to reward members of participating emergency services organizations designated by the Lafayette Township Committee, including the Lafayette Township Fire Department and Lafayette Township EMS for their loyal, diligent and devoted service to the residents of the Township of Lafayette.
[Ord. No. 2018-09 § 2]
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth in this section. The contributions shall be made in accordance with a plan that shall be established by the Township of Lafayette and the plan shall be administered in accordance with the laws of the State of New Jersey, the United States Internal Revenue Code and this section.
[Ord. No. 2018-09 § 3]
a. 
The LOSAP shall provide for annual contributions to each eligible member that meets the following criteria:
1. 
100 points are required each calendar year for a member to be eligible for an annual contribution.
2. 
Five years of service, beginning after the effective date of this section, not necessarily consecutive, shall be required for vesting.
3. 
The maximum annual contribution shall be $1,150 per eligible member, with a time-to-time annual increase in LOSAP contributions equivalent to the annual increase in the Consumer Price Index pursuant to N.J.S.A. 40A:14-185(f).
4. 
Annual contribution per responder for earning 100 points: 100%.
Annual contribution per responder for earning 80 points: 80%.
Annual contribution per responder for earning 60 points: 60%.
5. 
The estimated cost of the program has been calculated at $63,250 per year.
[Ord. No. 2018-09 § 4; 2-21-2023 by Ord. No. 2023-04]
Each active volunteer member shall be credited with points for volunteer services provided in accordance with the following schedules:
SCHEDULE A
LOSAP POINT SYSTEM
(LAFAYETTE TOWNSHIP FIRE DEPARTMENT)
(Section 2-18)
Collection of the Tax Deferred Income shall start at age 62. A "year" is defined as a January to December calendar year.
A.
Training Courses: 50 points maximum
1.
One point for every hour of instruction. Each training session/course will be a minimum of two hours.
B.
Drills: 24 points maximum
Two points per drill. Each drill will be a minimum of two hours. Any person who does not have at least six points acquired for drills will be deemed to have not met the minimum requirements regardless of their point totals.
C.
Meetings:
1.
Two points per fire department meeting with a 24 point maximum.
2.
One point per meeting shall include any meeting at which the member represents the fire department with a 30 point maximum.
D.
Fire Calls: 81 points maximum
Must be in physical attendance to receive credit. Report to the firehouse/Incident Commander when the tones go off. Any person who does not have at least 12 points acquired for alarms will be deemed to have not met the minimum requirements regardless of their point system. Three points per call.
E.
Elected/Appointed Positions: 15 points
1.
Positions which will qualify for points under this section are Chief, Assistant Chief, Captain, Lieutenant and Relief Secretary.
2.
Upon completion of a one year term in an elected or appointed position, the appropriate point value will be applied.
3.
An individual can only gain points for one position.
F.
Credit for Prior Years of Service: 25 points maximum
For prior years of service in good standing, members will receive five points per year for a maximum point allowance.
G.
Miscellaneous Activities: 25 points maximum
One point for each activity. Each activity must be a minimum of two hours. Participation in relief, fire prevention, fireworks, parades, fund raising, extra duty and special events, as assigned by the president or chief.
SCHEDULE B
LOSAP POINT SYSTEM
(LAFAYETTE TOWNSHIP EMS)
(Section 2-18)
Collection of the Tax Deferred Income shall start at age 62. A "year" is defined as a January to December calendar year.
A.
Emergency Calls: 95 points maximum
Each call will be equal to two LOSAP points.
B.
Schools/Training: 25 points maximum
One point for each verified two hours of instruction/training.
C.
Drills: 12 points maximum
One point applied for each verified two hours of drill attended.
D.
Meetings: 18 points maximum
One point per monthly meeting, special meeting or any meeting at which the member represents the EMS squad.
E.
Miscellaneous Activities: 12 points maximum
One point per function. Functions include, but not limited to, funeral services, official ceremonies, parades, Lafayette Day, work nights and other functions authorized by the EMS Captain.
F.
Stand-by or Sleep-in: 100 points maximum
One point for each 12 hour shift.
G.
Elected/Appointed Positions: 15 points maximum
Completion of a one year term in an elected or appointed position. The points will be calculated as follows:
Capt. / CEO
15 points
1st & 2nd Lt. / CFO / Sgt.
10 points
Trustee
5 points
Training Officer
5 points
Secretary
5 points
Treasurer
5 points
Delegate
5 points
H.
Credit for Prior Years of Service: 25 points maximum
For prior years of service in good standing, members will receive five points per year for a maximum point allowance.
Posting. The listing of service points shall be posted and available for each member to view no later than three months. In this way, a member will be able to monitor their earned points and the categories in which they have been earned.
At the end of the calendar year, posted no later than January 31 of the following year, a list of those who have successfully met the LOSAP criteria will be submitted to the Township Committee of the Township of Lafayette.
[Ord. No. 2018-09 § 5]
At the end of each month a list will be posted showing the total number of service points that a member has earned to date. Every three months, an individual listing of service points in each category will be distributed, on a confidential basis, to each member participating in the program. In this way, a member will be able to monitor their earned points and the categories in which they have been earned.
At the end of the calendar year, a list of those who have successfully met the LOSAP criteria will be submitted to the Township Committee of the Township of Lafayette.
[Ord. No. 2018-09 § 6]
This section shall not take effect unless it is approved by the voters of the Township of Lafayette as a public question at the next General Election to be held after publication and passage of this Ordinance No. 2018-09[1] according to law.
[1]
Editor's Note: Ordinance No. 2018-09 was approved by the electorate at the election of November 6, 2018.
[Added 3-2-2021 by Ord. No. 2021-03]
A refund of property taxes pursuant to N.J.S.A. 54:4-3.32 shall be granted provided that the applicant submit a complete application to the tax assessor as required by N.J.S.A. 54:4-3.30. The refund of taxes may be granted retroactively only to the date that the complete application was submitted to the tax assessor.