[New]
Pursuant to N.J.S.A. 40A:9-133, there shall be a Borough Clerk
appointed by the Mayor and Borough Council. The term of office of
the Clerk shall be three years which shall run from January 1 in the
year in which the Clerk was appointed.
[New]
No person shall be appointed as Borough Clerk unless he shall
have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A.
40A:9-133 et seq.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[New]
Should the office of Borough Clerk become vacant, the Borough
Council may appoint a person to serve as Acting Clerk for as long
as the vacancy exists.
[New; amended 9-24-2019 by Ord. No. 15-2019]
The Borough Clerk shall:
a.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The governing body
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
b.
Act as secretary to the governing body, prepare meeting agendas at
the discretion of the governing body, be present at all meetings of
the governing body, keep a journal of the proceedings of every meeting,
retain the original copies of all ordinances and resolutions, and
record the minutes of every meeting;
c.
Serve as the chief administrative officer in all elections held in
the municipality, subject to the requirements of Title 19 of the Revised
Statutes;
d.
Serve as chief registrar of voters in the municipality, subject to
the requirements of Title 19 of the Revised Statutes;
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or municipal ordinance has delegated
that responsibility to some other municipal officer;
f.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the Revised Statutes;
g.
Perform such other duties as are now or hereafter imposed by statute,
regulation or by municipal ordinance or regulation.
[Ord. No. 01-2013]
The Borough of Allentown hereby creates the position of Assistant
to the Borough Clerk.
[1975 Code § 25-1]
Pursuant to the provisions of N.J.S.A. 40A:9-135, there is hereby
established the office of Deputy Municipal Clerk.
[1975 Code § 25-2]
The Deputy Municipal Clerk shall be appointed by the Mayor,
and the appointment shall be confirmed by the Borough Council, and
said appointment may be made at the annual organization meeting of
the Borough Council or at such meeting as may be convenient to the
business necessities of the Borough.
[1975 Code § 25-3]
The Deputy Municipal Clerk shall serve for a term of one year
or until his successor has been appointed, confirmed and qualified.
Compensation of the Deputy Municipal Clerk shall be as set forth
in the annual Salary Ordinance. (1975 § 25-4)
[1975 Code § 25-5]
The person holding said office shall have all the powers and
perform all the duties of the Municipal Clerk during such times and
for such specific periods as the Municipal Clerk shall be absent from
duty. Such official shall perform such other duties as the Mayor and
Borough Council may by resolution prescribe.
[Added 12-15-2020 by Ord.
No. 11-2020]
The business transacted by the Borough Council of the Borough
of Allentown, County of Monmouth and State of New Jersey, has increased
greatly in recent years, in both volume and complexity; and the Borough,
because of its expected future growth, should coordinate the activities
of the various departments for their more efficient and effective
municipal operations.
[Added 12-15-2020 by Ord.
No. 11-2020]
a.
The position of Borough Administrator of the Borough of Allentown is hereby created and established, effective January 5, 2020, pursuant to the provisions of this § 2-10 and the provisions of N.J.S.A. 40A:9-136 et seq. The Borough Administrator is hereinafter referred to as the "Administrator."
b.
Gender neutrality. Wherever used herein, a pronoun in the masculine
gender shall be considered as including the feminine gender unless
the context clearly indicates otherwise.
[Added 12-15-2020 by Ord.
No. 11-2020]
a.
The Administrator shall be appointed by the Mayor with the advice
and consent of the Borough Council. The term of office of the Administrator
shall be at the pleasure of the Borough Council.
b.
The Administrator shall receive such compensation as shall be fixed
by the general salary ordinance of the Borough of Allentown. The Administrator
shall be reimbursed for all reasonable expenses under the prevailing
policies and procedures of the Borough.
c.
Pursuant to N.J.S.A. 40A:9-136 et seq., the Administrator may be
removed from office by a 2/3 vote of the full membership of the Borough
Council. The resolution of removal shall become effective 90 days
after its adoption by the Borough Council, and the Borough Council
shall cause to be paid to the Administrator any unpaid balance of
his salary in accordance with N.J.S.A. 40A:9-136 et seq.
d.
The Administrator shall be appointed on the basis of his executive,
administrative and technical qualifications, with special reference
to education and experience in local government. He shall have a college
degree. No elective member of the Borough Council may receive such
appointment, either during his term of office or within one year after
the expiration of his term.
e.
At the time of his appointment and during the term thereof, the Administrator
need not be a resident of the Borough.
f.
The Administrator shall devote full time to his position.
[Added 12-15-2020 by Ord.
No. 11-2020; amended 2-22-2022 by Ord. No. 02-2022]
a.
Statutory Authority. The executive responsibilities of the Borough
are hereby delegated to the Borough Administrator pursuant to N.J.S.A.
40A:60-7.
b.
General Duties. The Administrator is responsible to the Governing
Body for the day-to-day operations of the entire Borough except where
those duties and responsibilities are conferred upon other Borough
officials by state statutes, other applicable laws, rules and regulations
promulgated by state and county agencies, judicial authority or ordinances
of the Borough. The Administrator directs, administers and coordinates
the activities of the Borough in full support of policies, goals and
objectives established by the Governing Body.
c.
Supervision of Employees. The Administrator directs and coordinates
all departments and serves as the Borough's Personnel Officer with
authority for the hiring, promotion, and/or appointment of all employees
with the advice and consent of the Borough Council, except as may
be otherwise provided by state statutes or other applicable laws or
ordinances. The Administrator makes training recommendations to the
Governing Body for further skill development for employees. The Administrator
ensures that appropriate performance reviews are completed and submitted
annually, and kept on file for all employees. In order to maintain
employee discipline the Administrator may utilize the following corrective
tools: verbal warning; written reprimand; suspension; fines; and/or
dismissal. At the discretion of the Administrator, disciplinary action
may begin at any step, and/or certain steps may be repeated or bypassed,
depending on the severity and nature of the infraction and the affected
employee’s disciplinary record. In the event that an employee
objects to any discipline imposed by the Administrator, the employee
shall have the right of appeal in accordance with the procedures set
forth in the Borough’s Employee Handbook.
d.
Risk Management Duties. The Administrator is responsible for updating
the employee handbook and scheduling safety training. The Administrator
serves as the Safety Coordinator, Human Resource Officer (HRO), and
the Designated Employee Representative (DER). The Administrator is
responsible for administering the health and prescription medical
plans, and serves as the CJHIF Fund Commissioner. The Administrator
handles all insurance-related matters pertaining to Borough property,
risks, and employees. The Administrator serves as the Borough's JIF
Fund Commissioner.
e.
Coordination with Professionals. The Administrator oversees all departments
and assigns responsibility for departmental action, coordinates interdepartmental
operations, including those with the Borough Attorney and the Borough
Engineer. The Administrator works with the Borough Attorney in all
collective bargaining agreements and litigation matters. The Administrator
oversees all capital projects and is responsible for obtaining and
administering all grant funding for the Borough in consultation with
applicable professionals and/or departments. The Administrator makes
recommendations to the Governing Body for the employment of professional
service consultants to perform work and render advice. The Administrator
submits regular verbal and written reports on the administrative activities
of the Borough to the Governing Body.
f.
Financial Oversight. The Administrator works with the Chief Financial
Officer in preparing the annual operating, capital, water and sewer
budgets for the Borough by requiring and receiving appropriation requests
from the heads of departments and reviewing such requests with the
Finance Standing Committee. The Administrator administers the budget
after its adoption, implements the work programs within, and enforces
the financial procedures of the Borough. The Administrator reviews
and recommends all bills and vouchers for payment prior to final approval
by the Governing Body.
g.
Public Information. The Administrator studies, recommends, implements,
and enforces policies and procedures of the Borough and its departments
for receipt, dissemination, and collation of, and responses to, communications
and information. The Administrator serves as the official Public Information
Officer of the Borough.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Collector.
[New]
No person shall be appointed or reappointed as Tax Collector
unless he shall hold a Tax Collector's Certificate issued pursuant
to N.J.S.A. 40A:9-145.3. Any Tax Collector appointed pursuant to this
section may obtain tenure pursuant to the provisions of N.J.S.A. 40A:9-144
or 40A:9-145. Any person who shall be reappointed Tax Collector subsequent
to having received a Tax Collector's Certificate pursuant to N.J.S.A.
40A:9-144.3 and having served as Tax Collector or who has performed
the duties of Tax Collector for not less than four consecutive years
immediately prior to such reappointment shall have acquired tenure
and shall hold his or her office during good behavior and efficiency
and shall be removed only for good cause shown and after a proper
hearing before the Director of the Division of Taxation or his designee
in accordance with the provisions of N.J.S.A. 40A:9-145.8.
[New]
The Tax Collector shall hold his office for a term of four years
from January 1 next following his appointment. Vacancies other than
due to the expiration of term shall be filled by appointment for the
unexpired term.
[New]
The duties of the Tax Collector shall specifically include the
following, but the recital thereof as set forth below shall not be
exclusive, and the Mayor and Borough Council may, by resolution, set
forth other duties appropriate to the office:
a.
Be responsible for all duties as outlined and prescribed by Statute,
regulation or by ordinance or job description regulation.
b.
Be responsible for all duties of the Water Rent Billing Clerk.
c.
Be responsible for all duties of the Sewer Rent Billing Clerk.
d.
Be responsible for all duties of the Tax Research Officer.
e.
Give periodic reports to the Mayor and Council concerning the operations,
supervision and control of the Tax Collector's Office.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Collector in the Salary Ordinances.
[1975 Code §§ 25-6, 25-7]
a.
Office Established; Powers and Duties. There is hereby established
in and for the Borough of Allentown the office of Deputy Tax Collector.
The Deputy Tax Collector shall assist the Tax Collector in the performance
of his duties in such ways and manner as is necessary to carry on
the work of the Tax Collector's office, and shall also perform such
duties in connection therewith as may be prescribed by the Borough
Council. The Deputy Tax Collector shall also fulfill the functions
of the Tax Collector's office in his absence or incapacity. The Deputy
Tax Collector shall be bonded.
b.
Salary. The salary of the Deputy Tax Collector shall be as set forth
in the annual Salary Ordinance.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Assessor.
[New]
The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law. In accordance with the provisions
of N.J.S.A. 54:3-16, the Assessor, when making assessments, shall
be governed by directions by the Monmouth County Tax Administrator.
These directions shall be pursuant to rules adopted by the Monmouth
County Tax Board.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[1975 Code § 25-14; Ord. No. 018-84]
There is hereby established the office of Superintendent of
Public Works.
[1975 Code § 25-15; Ord. No. 018-84]
The Superintendent of Public Works shall hold office during
the pleasure of the Borough Council and, unless sooner removed, shall
hold office for a term of one year commencing January 1 and ending
12:00 midnight December 31 in any year and until a successor or successors
shall have qualified and shall be appointed at the annual meeting
of the Mayor and Council.
[Ord. No. 6-97; amended 9-26-2023 by Ord. No. 15-2023]
The Superintendent of Public Works shall be a person qualified
by education, training and experience to perform the duties of their
office.
[Ord. No. 6-97; amended 9-26-2023 by Ord. No. 15-2023]
The Superintendent of Public Works shall be under the direct
supervision of the Borough Administrator.
[1975 Code § 25-16; Ord. No. 018-84; Ord. No. 6-97; ; amended 9-26-2023 by Ord. No. 15-2023]
The duties of the Superintendent of Public Works shall specifically
include the following, but the recital thereof as set forth below
shall not be exclusive, and the Borough Adminstrator may, by administrative
directive, set forth other duties appropriate to the office:
a.
Be responsible for the operation and control of the sewer system
and the water system and the supervision of the streets in the Borough.
b.
Supervise employees and workers in the Water, Sewer and Street Departments.
c.
To give periodic reports to the Borough Administrator concerning
operations, supervision and control of the Water, Sewer and Street
Departments.
d.
Set up, maintain and control an adequate inventory of materials and
supplies needed for the maintenance and repair of all public works
under their supervision.
e.
Supervise the operation, maintenance and repair of Borough-owned
equipment used in the performance of the work assigned to the Department
of Public Works.
f.
Recommend to the Borough Administrator the need for repairs and replacements
to Borough-owned equipment, structures, buildings or grounds.
[1975 Code § 25-17; Ord. No. 018-84]
The compensation of the Superintendent of Public Works shall
be as set forth in the Salary Ordinance.
[Ord. No. 06-2016]
Within the Borough of Allentown, there shall be an Office of
Emergency Management.
[Ord. No. 06-2016]
The Office of Emergency Management shall be under the supervision
of the Emergency Management Coordinator, who shall be a resident of
the Borough of Allentown and shall be appointed by the Mayor for a
term of three years. As a condition of the Emergency Management Coordinator's
appointment and his or her right to continue for the full term of
his or her appointment, the Emergency Management Coordinator shall
have successfully completed at the time of his or her appointment,
or within one year immediately following his or her appointment, whichever
is later, the currently approved Home Study Course and the basic Emergency
Management workshop. The failure of the Emergency Management Coordinator
to fulfill such requirement within the period prescribed shall disqualify
the Emergency Management Coordinator from continuing in the office
of Emergency Management Coordinator and thereupon a vacancy in said
office shall be deemed to have been created.
[Ord. No. 06-2016]
The Emergency Management Coordinator shall appoint a Deputy
Emergency Management Coordinator with the approval of the Mayor. The
Deputy Emergency Management Coordinator shall be appointed from among
the salaried officers or employees of the Borough and shall serve
at the pleasure of the Emergency Management Coordinator. The Deputy
Emergency Management Coordinator shall act in the name of the Emergency
Management Coordinator when the Emergency Management Coordinator is
unable to discharge his or her normal duties and shall assume such
other responsibilities as may be delegated to him or her by the Emergency
Management Coordinator.
[Ord. No. 06-2016]
The Emergency Management Coordinator shall be responsible for
the planning, activating, coordinating and the conduct of Emergency
Management Advisory Council and supervise disaster control operations
in the Borough.
[Ord. No. 06-2016]
The Emergency Management Coordinator may, when, in his or her
opinion, a disaster has occurred or is imminent, and with the advice
and consent of the Mayor and Council, proclaim a state of local disaster
emergency. Upon such proclamation, the Emergency Management Coordinator,
in accordance with the regulations promulgated by the State Office
of Emergency Management, shall be empowered to issue and enforce such
orders as may be necessary to implement and carry out defense or disaster
control operations and to protect the health, safety and resources
of the residents of the Borough.
[Ord. No. 06-2016]
There shall be an Emergency Management Advisory Council of the
Borough, pursuant to N.J.S.A. App. A:9-33 et seq., which shall be
comprised of the Emergency Management Coordinator, Deputy Emergency
Management Coordinator and eight additional members who shall be appointed
by the Emergency Management Coordinator and serve at his or her pleasure.
One member shall be selected from each of the following:
[Ord. No. 06-2016]
Under the direction and supervision of the Emergency Management
Coordinator, the Council shall generally assist the Borough in establishing
the various local volunteer agencies needed to meet the requirements
of all emergency management and disaster control activities in accordance
with the rules and regulations established by the Governor of the
State of New Jersey, and more specifically:
a.
Develop plans for emergency operations in accordance with directives
from and approval of the State Director and/or County Coordinator.
b.
Supervise local tests and exercises.
c.
Coordinate activities of local and County services and allied agencies
in an emergency.
d.
Maintain administrative records as may be required.
e.
Investigate and apply for State or Federal grants or other aids and
assistance.
f.
Take such action as may be appropriate and lawful to plan, enforce,
activate, coordinate and conduct emergency operations within the Borough.
[New]
There is hereby established the office of Licensed Water Plant
Operator.
[New]
The Licensed Water Plant Operator shall hold office during the
pleasure of the Borough Council and, unless sooner removed, shall
hold office for a term of one year commencing January 1 and ending
12:00 midnight December 31 in any year and until a successor or successors
shall have qualified and shall be appointed at the annual meeting
of the Mayor and Council.
[New]
The Licensed Water Plant Operator shall be a person(s) or firm
qualified by education, training and experience to perform the duties
of his office. Domicile must be within 30 miles of the Borough of
Allentown in order to comply with the New Jersey D.E.P. location requirements
concerning plant operation. The Operator must pass any Borough requirements
concerning physical examinations, drug testing, psychological and
background investigations. The Operator must have completed and be
in satisfactory compliance with all license requirements as set forth
by various New Jersey Statutes concerning the Licensed Water Plant
Operator.
[New]
He shall be under the direct supervision of the Chairman of
the Council Committee designated as the Public Services/Sewer, Water,
Streets and Sidewalks Committee.
[New]
The duties of the Licensed Water Plant Operator shall specifically
include the following, but the recital thereof as set forth below
shall not be exclusive, and the Mayor and Borough Council may, by
resolution, set forth other duties appropriate to the office:
a.
The maintenance and operation of the water plant at the level and
intensity as required.
b.
Supervise and maintain the Allentown Water Plant, including process
control, daily operating lots, weekly and monthly logs to meet the
N.J. Water Permits and filing of other reports, documents, forms,
etc. required by the regulatory agencies.
c.
Preparation and enforcement of an equipment maintenance schedule.
d.
Order materials, schedule lab sampling and analysis, scheduling deliveries
of chemicals and supplies.
[New]
The compensation of the Licensed Water Plant Operator shall
be as set forth in the annual Salary Ordinance.
[New]
There is hereby established the office of Assistant to the Licensed
Water Plant Operator.
[New]
The Assistant to the Licensed Water Plant Operator shall hold
office during the pleasure of the Borough Council, and unless sooner
removed, shall hold office for a term of one year commencing January
1 and ending 12:00 midnight December 31 in any year and until a successor
or successors shall have qualified and shall be appointed at the annual
meeting of the Mayor and Council.
[New]
The Assistant to the Licensed Water Plant Operator shall be
a person or company (firm) qualified by education, training and experience
to perform the duties of his office.
[New]
He shall be under the direct supervision of the Licensed Water
Plant Operator.
[New]
The duties of the Assistant to the Licensed Water Plant Operator
shall specifically include the following, but the recital thereof
as set forth below shall not be exclusive, and the Mayor and Borough
Council may, by resolution, set forth other duties appropriate to
the office:
[New]
The compensation of the Licensed Water Plant Officer and the
Assistant to the Licensed Water Plant Operator shall be as set forth
in the Salary Ordinance.
[New]
There is hereby established the office of Licensed Sewer Plant
Operator.
[New]
The Licensed Sewer Plant Operator shall hold office during the
pleasure of the Borough Council and, unless sooner removed, shall
hold office for a term of one year commencing January 1 and ending
12:00 midnight December 31 in any year and until a successor or successors
shall have qualified and shall be appointed at the annual meeting
of the Mayor and Council.
[New]
The Licensed Sewer Plant Operator shall be a person(s) or firm
qualified by education, training and experience to perform the duties
of his office. Domicile must be within 30 miles of the Borough of
Allentown in order to comply with the New Jersey D.E.P. location requirements
concerning plant operation. The Operator must pass any Borough requirements
concerning physical examinations, drug testing, psychological and
background investigations. The Operator must have completed and be
in satisfactory compliance with all license requirements as set forth
by various New Jersey Statutes concerning the S-2, S-3 and NN Licensed
Sewer Plant Operator.
[New]
He shall be under the direct supervision of the Chairman of
the Council Committee designated as the Public Services/Sewer, Water,
Streets and Sidewalks Committee.
[New]
The duties of the Licensed Sewer Plant Operator shall specifically
include the following, but the recital thereof as set forth below
shall not be exclusive, and the Mayor and Borough Council may, by
resolution, set forth other duties appropriate to the office:
a.
The maintenance and operation of the wastewater treatment plant at
the level and intensity as required at the Allentown Wastewater Treatment
Plant.
b.
Supervise and maintain the Allentown Wastewater Treatment Plant,
including process control, daily operating logs, weekly and monthly
logs to meet the N.J.D.E.P. permit and filing of discharge monitoring
reports and any other reports, documents, forms, etc. required by
the regulatory agencies.
c.
Preparation and enforcement of an equipment maintenance schedule.
d.
Order materials, schedule lab sampling and analysis, scheduling sludge
removal and deliveries of chemicals and supplies.
[New]
The compensation of the Licensed Sewer Plant Operator shall
be as set forth in the annual Salary Ordinance.
[New]
There is hereby established the office of Assistant to the Licensed
Sewer Plant Operator.
[New]
The Assistant to the Licensed Sewer Plant Operator shall hold
office during the pleasure of the Borough Council, and unless sooner
removed, shall hold office for a term of one year commencing January
1 and ending 12:00 midnight December 31 in any year and until a successor
or successors shall have qualified and shall be appointed at the annual
meeting of the Mayor and Council.
[New]
The Assistant to the Licensed Sewer Plant Operator shall be
a person or company (firm) qualified by education, training and experience
to perform the duties of his office.
He shall be under the direct supervision of the Licensed Sewer
Plant Operator.
[New]
The duties of the Assistant to the Licensed Sewer Plant Operator
shall specifically include the following, but the recital thereof
as set forth below shall not be exclusive, and the Mayor and Borough
Council may, by resolution, set forth other duties appropriate to
the office:
[New]
The compensation of the Licensed Sewer Plant Officer and the
Assistant to the Licensed Sewer Plant Operator shall be as set forth
in the Salary Ordinance.
[1975 Code § 25-18; Ord. No. 026-86]
The Borough of Allentown hereby creates the position of Code
Enforcement Officer.
[1975 Code § 25-19; Ord. No. 026-86]
The Code Enforcement Officer shall be appointed by the Mayor
with the advice and consent of the Borough Council.
[1975 Code § 25-20; Ord. No. 026-86; New]
a.
It shall be the responsibility of the Code Enforcement Officer to
enforce the following enumerated ordinances as set forth in the Code
of the Borough of Allentown. The list of chapters is not exclusive
and the Mayor and Council reserve the right to set forth other duties
appropriate to the office.
b.
Although the Code Enforcement Officer's primary responsibility shall
be enforcing the above-enumerated ordinances, other municipal employees
and officials may also enforce the ordinances, and the delegation
of this enforcement duty to the Code Enforcement Officer shall not
preclude others from enforcing the ordinances.
[1975 Code § 25-21; Ord. No. 026-86]
The salary, working hours and schedule of the Code Enforcement
Officer shall be fixed by the Mayor and Borough Council.
[Ord. No. 2006-17]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the responsibility of the Borough
of Allentown to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
[Ord. No. 2006-17]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Allentown to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
Shall mean the employee charged by the Mayor with the responsibility
for oversight and administration of the affordable housing program
for the Borough of Allentown.
[Ord. No. 2006-17]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for Borough
of Allentown.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Mayor 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 Borough
of Allentown, including the following responsibilities which may not
be contracted out:
1.
Serving as the primary point of contact in the Borough of Allentown
for all inquiries from the State, affordable housing providers, administrative
agents, and interested households;
2.
Monitoring the status of all restricted units in the Borough of Allentown
Fair Share Plan;
3.
Compiling, verifying, and submitting Annual Monitoring 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 Borough of Allentown as described in
paragraph f below.
d.
Subject to approval by COAH, the Borough of Allentown 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 Borough of
Allentown. If the Borough of Allentown 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 an Affirmative Marketing
Plan of Allentown Borough 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; and
(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;
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Borough of Allentown when referring households
for certification to affordable units;
(g)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough of Allentown and the provisions of N.J.A.C. 5:80-26.15;
and
(h)
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.
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 their 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)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(h)
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. 2006-17]
If any subsection, paragraph, sentence or other part of this
section is adjudged unconstitutional or invalid, such judgment shall
not affect or invalidate the remainder of this section, but shall
be confined in its effect to the subsection, paragraph, sentence or
other part of this section directly involved in the controversy in
which said judgment shall have been rendered and all other provisions
of this section shall remain in full force and effect.
[Ord. No. 2006-17]
All ordinances or parts of ordinances which are inconsistent
with the provisions of this section are hereby repealed, but only
to the extent of such inconsistencies.
[Ord. No. 2006-17]
This section shall take effect immediately upon final adoption
and publication in the manner prescribed by law.
[Ord. No. 2006-17]
Copies of this section shall be filed with the New Jersey Council
on Affordable Housing and with the Monmouth County Planning Board.
[New]
The Borough Attorney shall be appointed by the Mayor, with the
advice and consent of the Council, for a term of one year. He shall
be an attorney-at-law of New Jersey, but need not be a resident of
the Borough. The Attorney shall be paid reasonable fees and charges.
[New]
The Attorney shall have the powers and perform the duties provided
for the office of Borough Attorney by general law or ordinances of
the Borough. He shall represent the Borough in all judicial and administrative
proceedings in which the municipality or any of its officers or agencies
may be a party or have an interest. He shall give all legal counsel
and advice where required by the Council or any member thereof and
shall, in general, serve as the legal advisor to the Council on all
matters of Borough business. In furtherance of such general powers
and duties, but without limitation thereto, the Attorney shall:
a.
Draft or approve, as to form and sufficiency, all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
b.
Conduct, with the approval of the Council, appeals from orders, decisions
or judgments affecting any interest of the Borough which he may, in
his discretion, determine to be necessary or desirable or as directed
by the Mayor and Council.
c.
Subject to the approval of the Borough Council, have power to enter
into any agreement, compromise or settlement of any litigation in
which the Borough is involved.
d.
Render written opinions on any question of law submitted to him by
the Council or any member thereof concerning their official powers
and duties and provide legal counsel to the Council in the administration
of municipal affairs.
e.
Supervise and direct the work of additional attorneys and technical
and professional assistance which the Council may authorize for special
or regular employment in or for the Borough.
[New]
There shall be a Borough Engineer, who shall be appointed by
the Mayor with the advice and consent of the Council, for a term in
accordance with State Statutes. In lieu of appointing an individual,
the Council may appoint a firm of engineers, each member of which
shall be a licensed professional engineer of the State of New Jersey.
The Engineer shall receive compensation determined by the Borough
Council. He shall be a duly licensed professional engineer of the
State of New Jersey.
[New]
The position of Borough Physician is hereby established.
[New]
The Physician shall be appointed by the Mayor, with the advice
and consent of the Council, for a term of one year. He shall be a
licensed physician of the State of New Jersey but need not be a resident
of the Borough.
[New]
The Physician may examine persons charged with drunken driving
and may examine or cause to be examined any employee of the Borough
who reports sickness or disability which may incapacitate him for
employment with the Borough. The Physician shall perform any other
duties and keep records prescribed by resolution of the Council.
[New]
The Borough Physician shall receive fees for services designated
by resolution of the Council.
[New]
The Mayor shall appoint a Municipal Auditor for a term of one
year. The Auditor shall be a Registered Municipal Accountant of the
State of New Jersey and shall undertake an annual audit of the municipality's
accounts and financial transactions as required by law and shall perform
such other duties and responsibilities as may be assigned by the Mayor
and Borough Council.
[Ord. No. 02-2011 § 1]
a.
Any provision of law to the contrary notwithstanding, the municipality
or any of its purchasing agents or agencies of those of its independent
authorities shall not enter into an agreement or otherwise contract
to procure services for professional services as defined by statute,
from any professional that has not filed the disclosure form with
the Municipal Clerk. The disclosure form shall set forth contributions
in excess of $200 to a campaign committee or candidate for office
within the municipality or to any municipal party committee within
one calendar year immediately preceding the date of the contract or
agreement.
b.
For the purpose of this section, a "professional business entity"
seeking a public contract means a person, firm, corporation, professional
corporation, partnership, organization or association authorized by
law to practice a recognized professional, whose practice is regulated
by law, and the performance of which services requires knowledge of
an advanced type in a particular field. The definition shall include
all principals who own 10% or more equity in the corporation or business
trust, partners and officers in the aggregate employed by the entity
as well as any subsidiaries directly controlled by the business entity.
The definition shall also include any spouse or child living at home,
of a principal.
[Ord. No. 02-2011 § 2]
a.
Prior to awarding any contract or agreement to procure professional
services in excess of $5,000 with any professional business entity,
the Borough or any of its purchasing agencies shall require a signed
disclosure form from the professional made under penalty of perjury,
that the professional has disclosed contributions consistent with
this section.
b.
The certification required under this section shall be made prior
to entry into the contract or agreement with the Borough and shall
be in addition to any other certifications that may be required by
any other provision of law. The professional business entity shall
have a continuing duty to report contributions under this section
that may occur subsequent to the execution of the disclosure form.
[Ord. No. 02-2011 § 3]
All Borough of Allentown professional service agreements shall
provide that it shall be a breach of the terms of the government contract
for the professional to violate this section.
[Ord. No. 05-2012]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
[Ord. No. 05-2012]
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. 05-2012]
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 regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
