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Township of Hope, NJ
Warren County
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Table of Contents
Table of Contents
[1978 Code § 2-901; Ord. #5/6/82]
This Section shall be known as and may be cited as the "Administrative Code of the Township of Hope."
[1978 Code § 2-903; Ord. #5/6/82]
a. 
Legislative power. All legislative power of the Township shall be exercised by the Township Committee pursuant to law.
b. 
Organization. The Township Committee shall organize annually during the first seven days of January, at which time it shall elect one of their number as Chairman, who shall be known as Mayor, and one of their number as Vice-Chairman, who, in the absence or disability of the Chairman, shall have all the powers and duties of the Chairman, and shall serve and be known as the Deputy Mayor.
c. 
Powers and Duties of the Mayor. The Mayor shall have the following powers and duties:
1. 
Preside at all Township Committee meetings.
2. 
Issue proclamations concerning the holidays and events of interest to the Township.
3. 
Appoint advisory committees to study and make recommendations to the Township Committee and have such other appointment powers as are conferred upon him by law.
4. 
Exercise the ceremonial power of the Township.
5. 
Execute contracts, agreements and other legal documents following authorization from the Township Committee.
6. 
Serve as a member ex-officio on certain statutory boards and commissions.
7. 
Exercise every other power usually exercised by Township Mayors and conferred upon him by law applicable to the Township.
d. 
Meetings.
1. 
Regular Meetings. The Township Committee shall hold regular monthly meetings and such other meetings at such time and place as they may direct by Resolution. All regular meetings shall be held within the Township.
2. 
Special Meetings. The Mayor or any two members of the Township Committee may call a special meeting at any time.
3. 
Conduct of Meetings. All regular and special meetings of the Township Committee shall be open to the Public. The rules of procedure to be followed for the conduct of business of the Committee shall be provided by Resolution, and where not otherwise provided, shall be in accordance with the latest revised edition of Roberts Rules of Order.
4. 
Quorum. A majority of the Committee shall constitute a quorum. If a quorum is not present 1/2 hour after the appointed time for a meeting, those members present may declare the meeting adjourned.
5. 
Voting. The vote upon every Resolution or Ordinance shall be taken by roll call and the yeas and nays shall be entered on the Minutes. All Ordinances shall be introduced, considered, published, reconsidered and enacted in the manner provided by law.
[1978 Code § 2-904; Ord. #5/6/82]
a. 
Appointment and Compensation. The Township Clerk shall be appointed by the Township Committee for a term of three years which term shall commence on January 1, following appointment. The Township Clerk shall receive compensation as prescribed by Salary Ordinance and shall give bond for the faithful performance of her duties, to be paid for by the Township.
b. 
Power and Duties. The Township Clerk shall have the following powers and duties:
1. 
To serve as Clerk of the Township Committee and record the Minutes of all meetings of the Committee.
2. 
The handling of municipal correspondence, both incoming and outgoing.
3. 
The preparation of township committee meeting agenda.
4. 
The processing, recording, filing and advertising of ordinances.
5. 
The processing, recording and filing of resolutions.
6. 
The processing, recording; filing and advertising of the municipal budget.
7. 
The processing, recording, filing and advertising in connection with all bids for municipal equipment and supplies.
8. 
Have and take custody and safely keep all records, books and documents of the Township except those committed by Ordinance to any other office or transferred thereto by the Township Committee and, upon request and payment of any fees prescribed therefor by Resolution of the township Committee, furnish a certified copy of any such paper in her possession under the corporate seal of the Township.
9. 
Have the power to administer oaths in all matters concerning Township business.
10. 
Administer provisions of the Township Ordinances with reference to the licensing of occupations and activities for which licenses are required by law or Ordinance to be obtained from the Clerk
11. 
Perform all the functions required of the Municipal Clerk by the General Election Law (Title 19 of the Revised Statutes) and any other law or Ordinance.
12. 
Perform duties of Registrar of Vital Statistics.
13. 
To have such other different and additional functions, powers and duties as may be prescribed by law, Ordinance or delegated by the Township Committee.
c. 
Township Seal. The Clerk shall cause the Township Seal to be affixed to instruments and writings when authorized by Ordinance or by Resolution of the Township Committee or when necessary to exemplify any document on record in her office, or to certify any act or paper which from the records in her office appears to be a public act of the Township or a public document. She shall not affix the seal or cause or permit it to be affixed to any other instrument, writing or other paper unless required by law or Ordinance.
d. 
Insurance; Surety Bonds; Contracts. The Clerk, subject to the supervision of the Township Committee shall:
1. 
Be the depository for and custodian of all official surety bonds furnished by or on account of any officer or employee, except her own bond, which shall be placed in the custody of the Treasurer; of all insurance policies upon or with respect to risks insured for the benefit of the Township to protect it against any claims, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Township may be a party.
2. 
Be the depository for and have custody of all performance bonds running to the Township as obligee or any other form of security given by any contractor, subdivision developer or other person on account of work done or to be done in or for the Township.
3. 
Have custody of all leases of property owned by the Township.
4. 
Report to the Township Committee annually or at such time as it may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
e. 
Deputy Township Clerk. The Township Committee may appoint a Deputy Township Clerk who shall assist the Clerk in the performance of her duties as the Township Committee may from time to time prescribe, and who shall perform the functions and duties and have all the powers of the Township Clerk during the absence or disability of the Clerk. If so appointed the term of the Deputy Township Clerk shall run for one year from January 1 in the year of appointment. The Deputy Township Clerk shall receive compensation as prescribed by the Salary Ordinance.
[1978 Code § 2-905; Ord. #5/6/82]
The administrative functions, powers and duties except as are by law reserved to the Township Committee shall be allocated among and within the following departments and boards:
a. 
Office of the Township Clerk.
b. 
Office of the Township Attorney.
c. 
Office of the Township Treasurer.
d. 
Office of the Tax Assessor.
e. 
Office of the Tax Collector.
f. 
Assessment and Tax Search Officials.
g. 
Office of the Township Engineer.
h. 
Department of Public Works.
i. 
Constables.
j. 
Construction Department.
k. 
Dog Regulation.
l. 
Historic District Commission.
m. 
Environmental Commission.
n. 
Board of Recreation Commissioners.
o. 
Zoning Board of Adjustment.
p. 
Planning Board.
q. 
Board of Health.
r. 
Such Commissions and Advisory Boards as the Township Committee may from time to time create.
[1978 Code § 2-906; Ord. #5/6/82]
a. 
Appointment and Compensation. The Township Attorney shall be appointed by the Township Committee for a term of one year. He shall be an attorney at law of New Jersey.
b. 
Power and Duties. The Township Attorney shall give legal counsel and advice required by the Township Committee or member thereof and shall in general serve as the legal advisor to the Township Committee on all matters of Township business. He shall represent the Township when directed by the Committee in all judicial and administrative proceedings in which the Township or any of its officers or agencies not separately represented may be a party or have an interest. In furtherance of his general powers and duties, but without limiting them, the Attorney shall, when directed by the Township Committee:
1. 
Draft or approve as to form and sufficiency legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the township.
2. 
Conduct appeals from orders, decisions or judgments affecting any interest of the Township.
3. 
With the approval of the Township Committee compromise or settle litigation in which the Township is involved.
4. 
Render written opinions upon questions of the law submitted to him by the. Township Committee or any member thereof, with respect to their official powers and duties or matters relating to the affairs of the Township.
5. 
Supervise and direct the work of any additional attorneys and technical and professional assistants the Township Committee may authorize for special or regular employment in or for the Township.
6. 
Provide certificate of insurance as to professional liability.
[1978 Code 2-907; Ord. #5/6/82]
a. 
Appointment and Compensation. The Treasurer shall be appointed by the Township Committee for a term of one year. The Treasurer shall receive compensation as prescribed by Salary Ordinance and shall give bond for faithful performance of her duties to be paid by the Township.
b. 
Power and Duties. The Treasurer shall have, perform and exercise all the functions, powers and duties provided by law and Township Ordinances, including the following:
1. 
Keep and maintain books and records of all financial transactions of the Township in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey.
2. 
Insure the safe custody of all public monies of the Township and make monthly reports to the Township Committee of all receipts, expenditures, commitments and unexpended appropriations.
3. 
Prepare and disburse checks in accordance with Section 2-8, Payment of Claims.
4. 
Insure the safe keeping and custody of all Township securities, investments and bonds of the Township.
5. 
Invest and reinvest surplus or idle funds of the Township with the approval of the Township Committee.
6. 
Serve as certifying agent for the New Jersey Public Employees Retirement System with respect to Township employees.
7. 
Promptly pay interest and principal on municipal obligations as they fall due.
8. 
Within 60 days after the end of each fiscal year, she shall, under penalties prescribed by law make to the Township Committee and file with the Township Clerk a detailed statement of the amount of bonds issued and outstanding and a full and detailed account of her receipts and disbursements for the preceding fiscal year. The statement shall be in writing and verified by her oath and may be prepared with the advice, assistance and consultation of the Township Auditor.
9. 
All monies received from any source by or on the behalf of the Township or any department, Board, Office or Agency thereof, except as otherwise provided by Township Ordinance, shall be paid to the Treasurer who shall, within 48 hours after receipt, deposit them in an authorized public depository of the Township to the credit of the proper account.
10. 
Purchase Orders. Issue and authorize all purchase orders.
[Ord. #89-03, § 1]
a. 
Appointment. There shall be a Chief Financial Officer of the Township appointed by the Township Committee, and who shall serve at the pleasure of the governing body. The Chief Financial Officer may, but need not, be a person who is also employed by the Township in another capacity.
b. 
Duties of the Chief Financial Officer. The Chief Financial Officer shall carry out the responsibilities set forth under P.L. 1947, c. 151 (N.J.S.A. 52:27BB-26, et seq.).
c. 
Compensation. Compensation for the Chief Financial Officer shall be established by ordinance. When the Township Treasurer is appointed to simultaneously serve as Chief Financial Officer, such person shall receive no additional compensation for serving as Chief Financial Officer, beyond the salary established by ordinance for the Treasurer position.
[1978 Code 2-908; Ord. #5/6/ 82]
a. 
Appointment and Compensation. The Tax Assessor shall be appointed by the Township Committee for a term of four years beginning July 1 following appointment. The Tax Assessor is subject to the provisions of law relating to tenure of office and removal from office. The Tax Assessor shall receive such compensation as prescribed by Salary Ordinance.
b. 
Power and Duties. The Tax Assessor shall have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor and shall:
1. 
Make assessments for benefits for local improvements and for that purpose, have and exercise the powers and duties of the Board of Assessment for local improvement as provided by law.
2. 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
3. 
Maintain a current Tax Map of the Township as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed.
4. 
Report to the Township Committee as to equalization proceedings and other matters involving the County Tax Board and make recommendations as to action to be taken in that regard.
c. 
Tax Assessor Clerk. The Township Committee may appoint a Tax Assessor Clerk who shall assist the Tax Assessor in the performance of his duties and have such other powers and duties as are from time to time prescribed by the Township Committee. If so appointed, the term of the Tax Assessor Clerk shall run for one year from January 1 in the year of appointment. The Tax Assessor Clerk shall receive such compensation as prescribed by Salary Ordinance.
[1978 Code § 2-909; Ord. #5/6/82]
a. 
Appointment and Compensation. The Tax Collector shall be appointed by the Township Committee for a term of four years, beginning January 1 following appointment. The Tax Collector is subject to provisions of law relating to tenure of office and removal from office. The Tax Collector shall receive such compensation as prescribed by Salary Ordinance and shall give bond for the faithful performance of his duties to be paid for by the Township.
b. 
Powers and Duties. The Tax Collector shall have, perform and discharge all the functions, powers and duties prescribed by law for a collector of taxes including, without limitation:
1. 
Render bills for property taxes.
2. 
Receive and collect all current and delinquent real and personal property taxes and tax sale fees and charges and receive penalties and interest thereon.
3. 
Conduct tax sales of real estate for delinquent taxes and submit a report of all tax sales to the Township Committee.
4. 
Deposit, to the credit of the Township, all monies received, in the depository selected by the Township Committee within the time prescribed by law.
5. 
Maintain full and complete records and accounts of all sums collected and received under the supervision of the Township Auditor and in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey.
6. 
Report to the Township Committee at least once a month all receipts and deposits made by him and shall in each report account for all monies for which he is responsible.
[Ord. #89-08, § 1]
a. 
Appointment. There shall be a Deputy Tax Collector of the Township, appointed by the Township Committee, for the period ending December 31, 1989, and thereafter for a term of one year from January 1st in each year.
b. 
Duties of the Deputy Tax Collector. The Deputy Tax Collector shall assist the Tax Collector in the performance of his duties and shall perform such other duties as are assigned and delegated to him by the Tax Collector or by the Township Committee.
c. 
Compensation. The Deputy Tax Collector shall receive such compensation as shall be fixed and prescribed by ordinance of the governing body of this Township.
[1978 Code § 2-910; Ord. #5/6/82]
a. 
The Township Committee will appoint an Assessment Search Official who shall furnish reports and certifications relating to property assessments in the Township.
b. 
The Township Committee will appoint a Tax Search Official who shall furnish reports and certifications relating to property taxes in the Township A.
c. 
Compensation. Shall be as prescribed in Salary Ordinance.
[Ord. #95-06; amended 8-14-2019 by Ord. No. 2019-07]
a. 
Purpose. Pursuant to N.J.S.A. 17:36-9, the Township may, by ordinance, prohibit the payment to a claimant by an insurance company on any claim in excess of $2,500 for fire damages on any real property located within the municipality prior to satisfaction of certain statutory requirements.
b. 
Payment of Fire Insurance Claims Restricted. No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay an insured any claim in excess of $2,500 for fire damages on any real property located within the municipality prior to satisfaction of certain statutory requirements.
1. 
All taxes and assessments and all other municipal liens or charges due and payable appearing on an official "certificate of search for municipal liens," pursuant to N.J.S.A. 54:5-12, shall have been paid either by the owner of such real property or by the insurance company; or
2. 
The Township submits to the insurance company a copy of a resolution adopted pursuant to N.J.S.A. 17:36-11 (installment payments), provided that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property, pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings.
c. 
Agreement with Owner; Restoration of Property.
1. 
The Township Committee may, by resolution, enter into an agreement with the owner of any fire-damaged property situated in the Township to pay in full all delinquent taxes, assessments or other municipal liens by installments, pursuant to N.J.S.A. 54:5-19, or for the redemption of a tax sale lien by installments, pursuant to N.J.S.A. 54:5-7, if the Township Committee is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property.
2. 
In the event of such resolution, a certified copy of the resolution shall be sent to the insurance company authorizing the insurance company to make full payment on the claim to the insured.
d. 
Mortgagee as Named Insured. Notwithstanding the provisions of this section, an insurance company may pay proceeds of a fire insurance policy to a mortgagee of a fire-damaged real property where the fire insurance policy, at the time of the loss, listed the mortgagee as a named insured; provided the payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
[1978 Code § 2-911; Ord. #5/6/82; Ord. #93-09]
a. 
Appointment and Compensation. The Township Engineer shall be appointed by the Township Committee for a term of three years. He shall be a duly licensed professional engineer of the State of New Jersey and shall receive such compensation as prescribed by Salary Ordinance.
b. 
Powers and Duties. The Township Engineer shall perform the duties prescribed by law and ordinance, including the following:
1. 
Prepare or cause to be prepared, review and approve plans, designs and specifications for public works, contracts, roads and improvements undertaken by the Township, and certify satisfactory completion of work to authorize payments pursuant to contract.
2. 
Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Township.
3. 
Provide technical and engineering advice and assistance to the Road and other Township Departments.
4. 
Upon the termination of his service with the Township, surrender all papers, documents, memorandum, reports and other materials relating to the administration of his engineering duties.
5. 
Provide a certificate of insurance as to professional liability.
6. 
Provide a monthly report to the Township.
[1978 Code § 2-912; Ord. #5/6/82]
a. 
Foreman of Public Works. There may be an office of Foreman of Public Works. The Foreman of Public Works shall be appointed by the Township Committee.
1. 
Qualifications. The Foreman of Public Works shall be a person qualified by education, training and experience to perform the duties of his office. He shall have secured and be the holder of all necessary licenses, certificates and permits. He shall devote full time to the duties of his office.
2. 
Supervision. He shall be under the direct supervision of the Township Committee and the Public Works Committee thereof.
b. 
Duties of Department. The Department of Public Work, shall take charge and be responsible for the construction, operation and maintenance of all public buildings, grounds, streets, roads, parks, storm drains and other public facilities, except sanitary sewers; and cutting of brush, mowing of grass, and removal of snow; the cleaning of ditches; and the care of all other public works in the Township.
c. 
Duties of the Foreman. The Foreman of Public Works shall:
1. 
Set up and maintain adequate inventory and control thereof of all materials and supplies needed for the maintenance and repair of all public works under his supervision.
2. 
Submit to the Township Committee a monthly report of all work performed, services furnished and inspections made during the previous month.
3. 
Submit to the Township Committee and Treasurer recommendations for budget appropriations for the ensuing year.
4. 
Recommend for approval the expenditure of all funds by voucher chargeable against the public works budget.
5. 
Inspect or be responsible for the inspection of all storm water drains in the Township, individually or in conjunction with other designated officials.
6. 
Receive and investigate all complaints from residents and taxpayers of the township relating to the operations under his jurisdiction, take appropriate action thereon and report results to the Township Committee.
7. 
Supervise the operation, maintenance and repair of township owned equipment used in the performance of the work assigned to him.
8. 
Set, keep and maintain all necessary records.
9. 
Recommend the need for repairs and replacements to township owned equipment, structures, buildings and grounds.
10. 
Supervise the performance of the work of personnel assigned to his jurisdiction.
11. 
Perform work necessary to implement recommendations and maintenance and repair.
[Ord. #5/6/82, § 2-913]
a. 
Establishment. There shall be a local Board of Health which shall consist of five members pursuant to the provisions of N.J.S.A. 26:3-9.
b. 
Members; Terms. The local Board of Health shall be composed of the members of the Township Committee, the Township Assessor and one physician to be appointed by the Township Committee for a term of three years from the time of his appointment and until his successor is appointed.
c. 
Vacancies.
1. 
Physician member. If the Township Committee shall fail to appoint a physician member within 10 days after the death, removal or resignation of any physician, or after the expiration of his term, the State Department of Health may appoint a physician as a member of the local board, who shall hold his office for the term of three years from the time of his appointment by the State Department of Health and until his successor shall be appointed. If a physician shall not be appointed either by the Township Committee or by the State Department of Health, the members of the Township Committee and the Assessor shall constitute the local board of the Township and shall continue to constitute the Board until the appointment shall be made.
2. 
Assessor member. In case of the death, removal, or resignation of an Assessor before the appointment of his successor, the Township Clerk shall succeed as a member of the local Board of Health and shall continue as a member until an Assessor shall be elected or appointed.
d. 
Powers and Duties.
1. 
The local Board of Health may employ such personnel as it may deem necessary to carry into effect the powers vested in it and other persons provided by law and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all the amount appropriated by the Township for the use of the Board of Health.
2. 
The local Board of Health may employ a person having the title of Secretary of the Board of Health. The person so employed shall not be a member of the Board of Health, but shall serve the Board in all clerical capacities and at such times as may be required by the Board within the limits of appropriations made available to it by the Township.
3. 
The Board of Health shall have the powers and perform the duties prescribed by law and ordinance including the power to make all necessary rules and regulations for the protection of the health of the inhabitants of the Township and to guard against the spread of contagious diseases, and to prevent by necessary rules the induction of diseases, contagious or otherwise, within the boundaries of the Township.
[1978 Code § 2914; Ord. #5/6/82]
The Township Committee may create other Commissions and advisory boards by ordinance or resolution.
[1978 Code § 2-915; Ord. #5/6/82]
The Township Committee may on recommendation of organization or agency involved by resolution make rules and regulations necessary for the proper regulation of the agencies in a-j, l, in subsection 2-1.4 and shall be binding on each member of the agency.
[1978 Code § 2-916; Ord. #5/6/82; Ord. #03-05]
a. 
Short Title. This section shall be known as the "Access to Public Records Ordinance" of the Township of Hope.
b. 
Creation. The Access to Public Records Ordinance is hereby created pursuant to N.J.S.A. 47:1A-1 et seq.
c. 
Custodian of Records. The Township Clerk is hereby designated the Custodian of Records for all public records maintained by the Township and shall act in this capacity on behalf of the Township.
d. 
Accessibility of Public Records. The Township shall make all public records accessible to the citizens of this State in accordance with the procedures and definitions set forth in N.J.S.A. 47:1A-1 et seq. unless said records are exempt from inspection as set forth in said statute.
e. 
Public Records Defined.
PUBLIC RECORDS – Shall mean all government records unless said records fall within the following list of exempted records which shall be prohibited from disclosure:
1. 
Inter-agency or intra-agency advisory, consultative or deliberative material.
2. 
Information received by a member of the State Senate or Assembly regarding a constituent.
3. 
Memoranda, letters, notes, reports and any other communication prepared for the use of a member of the State Senate or Assembly.
4. 
Photographs, negatives and copies thereof or videotapes, of a decedent relating to a post-mortem examination or autopsy subject to the exceptions set forth by statute.
5. 
Records maintained by a law enforcement agency that are not required by law to be made and which pertain to a criminal investigation or related civil enforcement proceedings subject to three exceptions set forth by statute.
6. 
Records held by a victims rights organization, such as a domestic violence shelter, pertaining to the victim of a crime, except that the victim may have access to his/her own records.
7. 
Trade secrets; proprietary commercial or financial information. This includes data processing software obtained pursuant to a licensing agreement prohibiting disclosure.
8. 
Records within the attorney-client privilege.
9. 
Administrative or technical information regarding computer hardware, software and networks which, if disclosed would jeopardize computer security.
10. 
Buildings and facilities emergency procedures and security information.
11. 
Security and surveillance measures which if disclosed, would create safety risks for persons, property, electronic data or software.
12. 
Information that would give an advantage to competitors or bidders.
13. 
Information pertaining to sexual harassment complaints filed with public employers.
14. 
Information pertaining to any grievance.
15. 
Information pertaining to collective negotiations, including documents containing negotiating strategies.
16. 
Communications with the public agency's insurance carrier, administrative service organization or risk management office.
17. 
Information to be kept confidential pursuant to court order.
18. 
The portion of any document disclosing social security, credit card, unlisted phone or driver license numbers subject to the exceptions set forth by statute.
19. 
Various records of public institutions of higher education as set forth by statute.
20. 
Biotechnology; trade secrets as restricted by Federal law.
21. 
Personal information regarding the victim of a crime when the information is being sought by the convict who wronged the victim or by anonymous request.
22. 
Records of an investigation in progress where release is inimical to the public interest subject to the exceptions set forth by statute.
23. 
Files maintained by the Office of the Public Defender that relate to the handling of a case.
24. 
Records heretofore exempt from disclosure under any other statute, resolution of either or both Houses of the Legislature; regulation promulgated under authority of any statute or Executive Order; Executive Order; Rules of Court or Federal law, regulation or order.
25. 
Records heretofore exempt from disclosure pursuant to any executive or legislative privilege or grant of confidentiality established by State Constitution, statute, court rule or case law.
26. 
Personnel and pension records, including records relating to grievances filed by or against an individual subject to the exceptions set forth by statute.
f. 
Inspection of Public Record. The Custodian of Records shall permit a public record to be inspected, examined and copied by any person during regular business hours of the Township Clerk and shall be permitted to redact same in accordance with the governing statute.
g. 
Copying Charges and Reproduction.
1. 
All persons seeking to obtain copies of public records shall pay a fee for said copying to the Custodian of Records.
(a) 
Copy or copies of a government record may be purchased by any person upon payment of the fee prescribed by law or regulation. Except as otherwise provided by law or regulation, the fee assessed for the duplication of a government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller and $0.07 per legal size page or larger. If a public agency can demonstrate that its actual costs for duplication of a government record exceed the foregoing rates, the public agency shall be permitted to charge the actual cost of duplicating the record. The actual cost of duplicating the record, upon which all copy fees are based, shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy. Access to electronic records and non-printed materials shall be provided free of charge, but the public agency may charge for the actual costs of any needed supplies such as computer discs. (N.J.S.A. 47:1A-5.b.)
2. 
In the event the nature, format, manner of collation, or volume of a public record embodied in the form of print matter to be inspected, examined, or copied is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the Township of Hope may charge, in addition to the actual cost of duplicating the record, a special service charge equal to the sum of $45 per hour for each hour expended by the Custodian or his or her designee.
3. 
The Custodian shall provide a copy of a record in the medium requested if the Township maintains the record in that medium. If the Township does not maintain the record in the medium requested, the Custodian shall convert the record to the medium requested or provide a copy in some other meaningful medium. The Township may charge a special charge for reproducing a record in a medium which requires extensive use of information technology, labor cost for personnel providing the service and any other costs that are attributable to the Township for the programming, clerical, and supervisory assistance required in processing a request.
h. 
Request Forms.
1. 
All requests for public records shall be submitted on a form maintained in the office of the Township Clerk. The Custodian of Records may require a deposit against the estimated costs for reproducing the documents sought through an anonymous request whenever the Custodian of Records anticipates that the information thus requested will cost in excess of $5 to reproduce.
2. 
The form shall be hand-delivered, mailed, transmitted electronically or otherwise conveyed to the Custodian of Records. If the Custodian of Records is unable to promptly comply with the request, the Custodian of Records shall sign and date the form, indicate the specific basis for denying immediate access on the request form and promptly return it to the requestor.
3. 
If a portion of a record is not subject to access, the Custodian of Records shall delete or excise from a copy of any record that portion which is exempt from access.
4. 
If a record is in storage or temporarily unavailable at the time of the request, the Custodian of Records shall make arrangements to obtain a copy of the record and promptly supply it to the requestor.
5. 
If production of a record would substantially disrupt the municipality's operations, the Custodian of Records may deny access after attempting to reach a reasonable solution with the requestor to accommodate the needs of the requestor and the municipality.
6. 
Any officer or employee of the Township who receives a request for access to a government record shall forward the request to the Custodian of Records or direct the requestor to the Custodian of Records.
7. 
A Township Clerk shall grant access to a government record or deny a request for access to a government record as soon as possible, but not later than seven business days after receiving the request provided the record is currently available and not in storage or archived in which case notice of same will be provided to the requestor within the same time period. Failure to respond within seven days will be deemed a denial of the request unless there is no way to communicate with the requestor.
[1]
Editor's Note: Former Section 2-2, Historic District Commission, previously codified herein and containing portions of 1978 Code §§ 2-101 — 2-103, 2-106, 2-107, 2-111, 2-113 — 2-117 and Ordinances 5/7/81, 4/5/84 and 89-02, was repealed by Ordinance No. 06-10. See Chapter 22, Historic Preservation.
[1978 Code § 2-201]
Pursuant to L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.) as amended there is hereby established in and for the Township of Hope an Environmental Commission to be known as the "Hope Township Environmental Commission."
[1978 Code § 2-201; Ord. #98-06, § I]
a. 
Regular Members. The Environmental Commission shall consist of seven regular members appointed by the Mayor, one of whom shall also be a member of the Township Planning Board, and all of whom shall be residents of the municipality. The term of office shall be three years commencing the first day of January of the first year of the term. Members shall serve without compensation.
b. 
Alternate Members. Two alternate members designated as "alternate no. 1" and "alternate no. 2" shall be appointed by the Mayor, both of whom shall be residents of the Township and serve without compensation. The term of alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for alternate no. 1 and one year for alternate no. 2. An alternate member may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, alternate no. 1 shall vote.
c. 
Vacancies. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled by the Mayor for the unexpired term. The Mayor or Township Committee may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. No member shall be permitted to act upon any matter in which the member has a direct or indirect personal or financial interest. All members shall be required to comply with the ethical standards as set forth in the local Government Ethics Law N.J.S.A. 40A:9-22.1, as amended from time to time.
[1978 Code § 2-203]
The Environmental Commission shall have power to conduct research into the use and possible use of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Hope Township Planning Board plans and programs for inclusion in a Township Master Plan and the development and use of such areas.
[1978 Code § 2-204]
The Environmental Commission may, subject to the approval of the Township Committee, acquire property, both real and personal, in the name of the Township by gift, purchase, grant, bequest, device or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or revisions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the Township.
[1978 Code § 2-301; Ord. #98-18, § I]
A Board of Recreation Commissioners is hereby established pursuant to the Revised Statutes 40:12-1 et seq. The Mayor, after conferring with the Township Committee, may appoint not less than three nor more than seven persons as commissioners who shall be citizens and residents of the Township, serving without pay for such terms as required by Revised Statutes 40:12.1. Vacancies in such Board occurring otherwise than by expiration of term shall be filled by the Mayor, after conferring with the Township Committee, for the unexpired term. The term shall be for a period of five years.
The Township Committee may appoint two alternate members. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." Length of the term of the alternate members shall be the same as the length of the terms of the regular members of the Board of Recreation Commissions. If two alternates are appointed, their terms shall be staggered by the appointment of one of the alternates for an initial term that is a year less than a regular term. A vacancy occurring other than by expiration of term shall be filled by the governing body for the unexpired term only.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of the Board of Recreation Commissioners. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[1978 Code § 2-302]
The Board shall elect a chairman and such other officers as may be necessary and shall have the power to adopt by-laws and rules and regulations for the proper conduct of public recreation for the Township.
[1978 Code § 2-303]
Any person who shall violate any of such rules, regulations or by-laws shall be deemed and adjudged to be a disorderly person.
[1978 Code § 2-304]
The Board of Recreation Commissioners shall have full control over and provide, conduct and supervise public playgrounds, playfields, beaches, swimming areas, indoor recreation centers and other recreation areas and facilities owned or controlled by the Township. It shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner. It may conduct such activities on properties under its own control, on public properties with the consent of the authorities thereof, and on private properties with the consent of the owners. It may impose charges as authorized by law.
[1978 Code § 2-305]
The Board of Recreation Commissioners shall have the power to appoint or delegate someone to act as Director who is trained and properly qualified for the work The Board may appoint custodians, supervisors and assistants as it deems necessary and fix and determine their salaries.
[1978 Code § 2-306]
The Director, custodians, supervisors and assistants appointed by the Board shall, while on duty and for the purpose of preserving order and the observance of the rules, regulations and by-laws of the Board, have all the power and authority of police officers.
[1978 Code § 2-307]
Annually, the Board of Recreation Commissioners shall submit a budget to the Township Committee for its approval. With the approval of the Township Committee, the Board may also solicit or receive any gifts or bequests of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or other recreation purposes.
[1978 Code § 2-308; Ord. #8/6/87]
After approval by the Board of Recreation Commissioners of private use of the community center facilities, the following fees and deposits will be charged:
a. 
Residential Fees and Non-Profit Organizations:
1. 
Social events: $100.00 per diem.
2. 
Kitchen use: $25.00 per diem.
3. 
Clean-up deposit: $50.00 per diem.
b. 
Nonresident and Profit Activities:
1. 
Social events: $200.00 per diem.
2. 
Kitchen use: $25.00 per diem.
3. 
Clean-up deposit: $50.00 per diem.
[1978 Code § 2-309; Ord. #816/87]
a. 
The user will clean up the community center by 10:00 a.m. of the day following the event.
b. 
Deposit will be returned when the building is returned to proper condition at the required time.
c. 
Private persons using the community center will be responsible for any and all damages.
d. 
The user must remove all refuse they have generated during the event.
[1978 Code § 4-101]
There is hereby authorized and established the Hope Township Volunteer Fire Department, and such additional companies as the Township Committee may authorize and approve.
[1978 Code § 4-102]
No person shall hereafter become a member of the Fire Department of the Township of Hope, or any unit thereof, unless above the age of 18, and under the age of 40, a citizen of the United States and a resident of the Townships of Hope or Frelinghuysen, County of Warren. He shall be physically and mentally fit to perform the duties of a fireman; his physical fitness evidenced by a certificate to that effect and his mental fitness to be determined by reasonable regulations to be promulgated from time to time.
[1978 Code § 4-103]
Every member of the Fire Department shall, in each and every year, perform at least 60% 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 by the Chief of the Fire Department and reported to the municipal officers annually.
[1978 Code § 4-104]
Every person seeking to join the Fire Department shall make application to the company or unit which he desires to join, and 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 approval of his membership by the Chief and confirmation by the Municipal Officers and his name shall be entered on a roll of firemen kept by the Municipal Clerk.
[1978 Code § 4-105]
Exemption certificates may be issued to members of the Fire Department who shall have served seven years in active duty, under municipal control, as required by law of April 29, 1935, as amended May 26, 1936.
[1978 Code § 4-106]
This section shall not be construed to mean that volunteer firemen or employees of the Hope Township Fire Department are employees of the Township of Hope.
[Ord. #11-04]
The Township of Hope Volunteer Fire Department is an independent volunteer fire company that provides fire services to citizens and visitors of the Township on a 24-hour basis throughout the year to the extent that such resources are available.
[Ord. #11-04]
All persons needing fire services shall be served to the extent that services are available without discrimination on any basis and without respect to residency, ability to pay, or any other factor. There shall be no denial of services or delay in providing available services due to cost recovery procedures.
[Ord. #11-04]
The costs of providing available fire services and personnel shall be covered by a combination of (1) municipal budget appropriations; (2) insurance payments for service to persons who have insurance coverage; (3) direct payments from persons served for amounts not covered by insurance; and (4) revenues from service agreements with persons, agencies, and jurisdictions that rely on fire services.
[Ord. #11-04]
The Township of Hope Volunteer Fire Department shall maintain accurate records of all fire services provided on a form approved by the Volunteer Fire Department. Said records shall include pertinent information required for insurance purposes and shall identify the complete name, mailing address, place of domicile, and telephone numbers of all persons requesting and receiving fire services subject to applicable laws.
[Ord. #11-04]
The Township of Hope Volunteer Fire Department shall bill, or contract with a third-party billing agent for the collection of payment for services rendered plus the cost of reimbursable supplies and equipment in each instance where fire services are provided.
[Ord. #11-04]
Persons receiving bills for fire services shall make payments to the Township of Hope Volunteer Fire Department, or provide proof that they have submitted a claim to their insurance carrier for payment within 30 days of receipt of the bill. These provisions shall be subject to the following:
a. 
Persons receiving fire services shall cooperate with the Township of Hope Volunteer Fire Department and other billing personnel, as designated by the Township of Hope Volunteer Fire Department, to secure full payment for services rendered.
b. 
Due to anticipated time requirements for the preparation and processing of insurance claims, persons shall not be charged interest on fire services billings.
c. 
The Township of Hope Volunteer Fire Department shall be authorized to receive all payments.
d. 
The Township of Hope Volunteer Fire Department reserves the right to determine that a bill is uncollectible and written off.
[Ord. #11-04]
Township of Hope Volunteer Fire Department is authorized to adopt, by resolution, with a copy to the Township, rules and regulations to implement the fire services provisions of this section, including but not limited to the criteria by which eligibility to pay is determined. On matters not addressed by provisions of this section or specific regulations, the Township of Hope Volunteer Fire Department is authorized to establish and follow administrative rules and regulations for the effective administration of this section.
[1]
Editor's Note: Prior ordinance history includes Ordinance Nos. 4-87, 98-03, 07-02, 2009-06 and 14-03.
[Ord. #14-07]
a. 
Creation of Court. There has been created a Joint Municipal Court consisting of the following members: The Township of Hope, The Township of Liberty, the Township of Hardwick, the Township of Blairstown, and the Township of White, all located in Warren County. The Court was created by the Shared Services Agreement between the aforesaid municipalities, subject to the terms thereof, and shall have an effective date of September 1, 2014.
b. 
Name of Court. The name of the Joint Municipal Court shall be the Municipal Court of North Warren at Hope.
c. 
Effective Date. The effective date for the creation of the Municipal Court of North Warren at Hope shall remain September 1, 2014.
d. 
Jurisdiction. The Joint Municipal Court will have such jurisdiction as is now, or will hereafter be conferred 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.
[Ord. #14-07]
a. 
There shall be a Municipal Judge appointed as provided by law in the case of a joint municipal court. A Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.
b. 
The Municipal Judge shall have and possess the qualifications and shall have, possess and exercise all of the functions, duties, powers and jurisdiction conferred by law or ordinance. He/she shall be an attorney-at-law of the State of New Jersey. The Municipal Judge shall comply with the Vicinage XIII Municipal Judge Rotation Protocol as per the Vicinage Assignment Judge for all times the Municipal Judge is unable to sit as such. Any such designation shall be in writing and filed with the Court, and any person so designated, while sitting temporarily, shall possess all of the powers of the Municipal Judge.
c. 
The Municipal Judge shall faithfully carry out all of the duties and responsibilities of a Municipal Judge and shall abide by all rules and regulations established for municipal court judges by the Judiciary.
d. 
The Municipal Court Judge shall have full management and authority of Court operations excluding the hiring and termination of all Court personnel, and for the establishment, pursuant to New Jersey Court Rule 1:30-3, the Municipal Court sessions and violations bureau hours.
[Ord. #14-07]
a. 
Municipal Prosecutor. There shall be a Municipal Prosecutor of the Municipal Court who shall prosecute cases in the Municipal Court, except each member, at its discretion, may appoint its own prosecutor for municipal or Board of Health ordinance violation cases at the sole cost of that member. The Municipal Prosecutor shall be appointed for a one year term by the Township of Hope. The compensation of the Municipal Prosecutor shall be determined by the Township of Hope.
b. 
Municipal Court Administrator. There shall be an Administrator of the Municipal Court who shall perform the functions and duties prescribed for the Administrator by law, by the rules applicable to Municipal Courts and by the Municipal Judge. The Administrator shall be appointed in accordance with New Jersey Court Rule 1:34-3 by the Township of Hope for a term of one year, subject however, to the tenure provisions as set forth in New Jersey Statute 2A:8-13.3, and considered an employee of the Township of Hope. The compensation of the Administrator shall be determined by the Township of Hope. The Municipal Court Administrator shall have the authority granted by law and the Rules of Court to Administrators and Clerks of Courts of record. The Administrator's duty shall include, but not be limited to:
1. 
Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.
2. 
Interviewing and speaking to persons wishing to file criminal or quasi-criminal complaints or wishing information in this regard.
3. 
Receiving complaints and dispensing information relating to Court matters.
4. 
Maintaining the financial records of the Court, including receiving an accounting for fines and costs.
5. 
Attending Court; recording pleas, judgments and dispositions; arranging trial calendars; signing court documents; preparing and issuing warrants and commitments and other Court-related documents.
6. 
Maintaining and classifying records and files of the Court.
7. 
Maintaining, forwarding, receiving and reporting such records, reports and files as required by the appropriate agencies.
8. 
Carrying out such additional duties as may be required in order to fulfill the duties of Court Administrator.
c. 
Public Defender. There shall be a Municipal Public Defender who shall represent those defendants assigned by the Municipal Court Judge. The Municipal Public Defender shall be appointed for a one year term by the Township of Hope. Compensation of the Public Defender shall be determined by the Township of Hope.
d. 
Deputy Municipal Court Administrator. There may be one or more Deputy Administrators of the Municipal Court who shall be appointed by the Township of Hope, provided that funds are provided for such purpose in the Municipal Court budget. Deputy Municipal Court Administrators shall perform the functions assigned to them by the Municipal Judge and the Municipal Court Administrator. Any appointment pursuant to this section shall be made in accordance with New Jersey Court Rule 1:34-3.
e. 
Necessary Clerical and Other Assistants. There may be appointed such other necessary clerical and other assistants for the Municipal Court as is necessary for the efficient operation of the Municipal Court. The Township of Hope shall appoint such clerical and other assistants.
f. 
Auditor. The Auditor for the Township of Hope shall act as the auditor for the Municipal Court of North Warren at Hope. The Auditor shall perform a yearly audit of the Municipal Court, which audit shall be prepared generally in accordance with the requirements of the Local Fiscal Affairs Law, N.J.S.A. 4A:5-1 et seq. A copy of the complete audit shall be supplied to each participating municipality by September 1 of each year.
[Ord. #14-07]
a. 
Withdrawal by Member. Any member of the Joint Municipal Court may withdraw at the end of a next calendar year; provided, however, that on or before July 1 the member has given the Municipal Court of North Warren at Hope and each member thereof six months' written notice of its intention to withdraw. The withdrawing member shall remain responsible for its share (based upon the format established in the Shared Services Agreement) of all Court expenses through the date of withdrawing member's actual physical departure from the Joint Court's facility.
b. 
Inclusion of Members. The members of the Municipal Court of North Warren at Hope may be expanded by the admission of new members. The admission of new members will take place after the Mayor and Municipal Clerk of Hope Township interview the municipality seeking admission and present to the then existing members of the Joint Municipal Court of North Warren at Hope their recommendations, along with an audit of the three most recent years of the applying municipality's existing Court expenses and revenues, and any other information they feel relevant to the admission application. Admission shall be granted upon an affirmative vote of the majority of the then existing members of the Joint Municipal Court of North Warren at Hope. (By way of example: if there are three members of the Municipal Court, two must vote in favor of the admission). The municipality granted admission to the Joint Municipal Court of North Warren at Hope must adopt a resolution accepting membership and authorizing the execution of the Interlocal Services Agreement. The Interlocal Services Agreement shall be amended as necessary to revise the formula for the allocation of the court's budget between the members.
[Ord. #14-07]
The Municipal Judge shall prepare or have prepared a budget for the Municipal Court which shall be submitted to the Governing Body of the Township of Hope by November 1 of each year. The budget shall set forth, based on income and expenses for the prior twelve-month period ending September 30th, an estimate of all expenses and revenues for the upcoming calendar year, and shall be in a form that is consistent with municipal budgets. The proposed budget shall be circulated by the Township of Hope to the Governing Body of every other participating municipality.
[Ord. #14-07]
Insurance coverage and/or bond shall be obtained that protects the Joint Municipal Court and its personnel from claims against them arising out of worker's compensation, bodily injury, property damage, personal injury, civil rights violations or defalcations by Court personnel and such coverage as may be necessary, which claims arise in whole or in part from participating members' cases. The coverage may be provided through policies issued to the members and/or through separate policies issued to the Joint Municipal Court.
[Ord. #14-07]
Improvements to the existing Court facility that are required to render the Court facility in compliance with State and/or Assignment Judge mandates shall be undertaken as soon as possible, and the cost for said improvement shall be shared equally by all five municipalities. All other expenses for administering the Joint Municipal Court, including salaries for the Judge and Court personnel, and costs of materials and equipment for the Court, will be shared by all five municipalities in accordance with § 12-7 (subsection 2-6.7) of the enabling ordinance:
a. 
The legally permitted municipal share of all fines, assessments, costs or other charges collected by the Court (hereinafter "Municipal Income") shall be forwarded monthly to Hope Township and credited to the Court account and applied to the expenses of maintaining and operating the Court. The Court administration shall simultaneously submit a monthly summary of all income and disbursements to each municipality.
b. 
All other received fines, assessments, Court costs and other charges, shall be distributed as required by law.
c. 
To the extent that the annual expenses necessary to maintain and operate the Court are the greater or lesser than the Municipal Income received, they shall be allocated among these members pursuant to the following formula: The percentage share of each municipality shall be a total of the fines divided by the amount of the fine generated by that municipality.
d. 
Each municipality shall pay monthly to Hope Township its estimated share of anticipated deficit as established by the budget described in subsection 2-6.5 of the Code of the Township of Hope.
e. 
On or about February 1 of each year, Hope Township shall submit to each municipality a final accounting for the prior fiscal/calendar year with any credit due to be applied to future contributions.
[Ord. #14-07]
The Governing Bodies of the Township of Hope, the Township of Liberty, the Township of Blairstown, the Township of White and the Township of Hardwick are hereby authorized to enter into a contract with each other embodying the provisions of this section pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et seq., in accordance with the terms of the Act. In the event of any discrepancy between this section and said Act, including any amendments thereto, the Act shall take precedence.
[1978 Code § 6-101]
Whereas, N.J.S. 48:11-10 authorizes the governing body of two contracting units as defined in N.J.S. 40A:11-2(1) within the same county or adjoining counties to provide by joint agreement by ordinance for the purchase of work, materials and supplies for use by their respective units, and
Whereas, the Township Committee of the Township of Hope finds that substantial savings may be effected by engaging in such a joint purchasing program, and
Whereas, the Townships of Knowlton and Hardwick have already expressed an interest in providing for cooperative purchasing of certain materials and supplies,
Now therefore be it ordained by the Township Committee of the Township of Hope, County of Warren, State of New Jersey as follows:
[1978 Code § 6-102]
A cooperative joint purchasing program is hereby authorized for the year 1977 and thereafter pursuant to the authority of N.J.S. 48:11-10 et seq. between the Township of Hope and other participating authorized contracting units.
[1978 Code § 6-103]
Materials and items to be purchased shall include materials and supplies for maintenance, construction, repair, cleaning and snow removal of roads and associated drainage structures and other structures; materials and supplies for the maintenance, repair and operation, fueling of vehicles; materials, supplies for the maintenance, preservation and repair of public buildings and structures.
[1978 Code § 6-104]
A single advertisement for bids for the materials to be purchased shall be placed on behalf of all the participants agreeing to purchase any item by one party of the program selected by the participant in said agreement.
[1978 Code § 6-105]
The party selected to advertise for bids shall receive the bids on behalf of all of the participants. Following the receipt of bids, the said 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 of the participating agencies.
[1978 Code § 6-106]
The bid sureties shall be posted to and retained by the designated receiving participant until authorized to release same by all interested participants.
[1978 Code § 6-107]
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 other participating municipality.
[1978 Code § 6-108]
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. The Mayor and Clerk of the Township of Hope are hereby authorized and empowered to execute on behalf of the Township of Hope, the agreements with other participating contracting units upon approval of the Township Committee:
[1978 Code § 2-701]
Any person claiming payment from the Township of Hope shall first submit a detailed statement of the items or demand necessitating such claim on a voucher form approved by the Treasurer or other financial officer, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has attached to it, or includes a certification of a department head or other responsible municipal official responsible for certain functions, or of his duly designated representative, having personal knowledge of the facts that the goods have been received by, or the services rendered to the Township of Hope, and that those services or goods are consistent with any existing contract or purchase order. The Treasurer or other financial officer shall have the duty to audit, warrant and make recommendations on all claims and bills.
[1978 Code § 2-702]
The bill or claim duly certified shall be presented to the Municipal Clerk for inclusion in the agenda of the next immediate formal meeting of the governing body, and it shall be the duty of the Clerk to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the governing body shall be listed systematically without preference, and the list shall be made available to every member of the governing body and the public prior to formal action by that body.
[1978 Code § 2-703]
Claims shall be considered by the governing body which shall approve the same, except that the governing body may reject any claim presented to it stating the reason for such rejection. Any disapproved claim shall be referred back to the Municipal Clerk with such instructions as the governing body may give at the time of disapproval.
[1978 Code § 2-704]
It shall be the duty of the Municipal Clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the governing body has by formal action approved same with appropriate record as to any claims disapproved or rejected. All records pertaining to approved and disapproved bills or claims shall be available for public inspection.
[1978 Code § 2-705]
After being satisfied that all claims are in proper order and that monies are available to pay same, the Clerk shall deliver said bills to the Township Committee for approval at a regular public meeting of the body. Claims shall be approved for payment not less than once in each calendar month; the Clerk may set administrative deadlines after which claims may not be submitted for approval at a given public meeting of the governing body.
[1978 Code 2-706]
After the Clerk has certified that the claims have been approved, he shall turn the same over to the Treasurer or custodian of municipal funds who shall forthwith prepare the necessary checks for the payment thereof, which the checks shall be signed by the Mayor or other chief executive officer, and thereafter signed by the Treasurer or custodian of municipal funds. After preparing checks for payment of claims, he shall record them in proper books of account and thereafter mail the checks to the claimants.
[1978 Code § 2-707]
The payment of claims resulting from damage by certain dogs within the municipality shall be governed by State Statute where this section conflicts or omits certain requirements.
[1978 Code § 2-801]
Whereas the Mayor and Township Committee of the Township of Hope in the County of Warren and State of New Jersey is anxious to assure the management of the various segments of municipal government in the Township of Hope with the utmost efficiency and the fullest disclosure to the committee and the people of Hope, and Whereas said Township Committee is desirous of assuring that support for various agencies and departments is properly utilized, Now, therefore, be it ordained as follows:
[1978 Code § 2-802]
Each board, commission, municipal agency, department and other public body created by ordinances of the Township of Hope and each organization, association, corporation, department which receives financial support, or other support, from the Township of Hope shall submit an annual report as of December of each year, which report shall be in writing, signed by the chief executive officer, and shall include, among other things, the performance against objectives for the calendar year ending the 31st of December for the year as of which the report is rendered, objectives for the forthcoming year, budgetary requirements for the forthcoming year, and any other information requested by the Township Committee.
[1978 Code § 2-803]
Reports pursuant to this section are required by the following, among others:
Municipal Clerk
Environmental Commission
Municipal Collector
Historic Commission
Municipal Assessor
Hope Volunteer Fire Department
Planning Board
Construction Code Official
Board of Adjustment
Township Engineer
Board of Health
Township Attorney
Board of Recreation Commissioners
Chief of Constables
[1978 Code § 2-804]
Organizations and bodies separately elected at general or special public elections are not subject to this section.
[Ord. #3/7/85, § 1]
Pursuant to the General Public Assistance Law (N.J.S.A. 44:8-107 et seq.) there is hereby created the Hope Township Local Assistance Board. It shall consist of three members, at least one of whom shall be a woman. The members shall be appointed by the Mayor, upon the approval of the Township Committee. One member shall be a member of the Township Committee, and shall serve for a term of one year. The other two members shall serve for terms of two years, except that for the members first appointed, one shall serve a term of one year. All terms shall begin on the first day of January, except that the terms for the initial members shall commence on the date of their appointment, and each member shall continue in office until his or her successor shall be appointed and qualify. Vacancies shall be filled for the unexpired term only.
[Ord. #3/7/85, § 2]
The members of the Local Assistance Board shall serve without compensation, but shall be allowed their necessary and actual expenses.
[Ord. #3/7/85, § 3]
The local Assistance Board shall organize and select a chairperson and a Secretary and shall appoint a Director of Welfare who shall be the first executive and administrative officer of the Board. The Director shall hold office for a term of five years from the date of appointment and shall be paid such salary as may be fixed by such Board, subject to approval by the Township Committee. The Local Assistance Board and the Director of Welfare shall have such other powers and perform such other duties as prescribed by general law and ordinance.
[Ord. #3/7/85, § 4]
In case of vacancy in the office of Director of Welfare, one temporary or acting director may be appointed to serve for not more than 90 days.
[1978 Code § 5-101]
The Governing Body may appoint not less than two nor more than 50 constables. The persons to be appointed constables shall be residents and qualified voters of the Township of Hope for at least three years prior to their appointment.
[1978 Code § 5-102]
The Municipality shall supply each constable with a badge, suitably inscribed to be returned at the expiration of the constable's term.
[1978 Code § 5-103]
Before entering upon the execution of his office, every person appointed shall have surety bond in the sum of $1,000, or in an amount recommended by the municipal accountant, whichever is less, which bond shall be filed in the office of the Township Clerk. The cost of the bond shall be borne by the Municipality.
[1978 Code § 5-104]
Each person appointed as a constable before entering upon the duties of his office shall take, subscribe and file with the Township Clerk the constable's oath as provided by N.J.S.A. 40A:9-124. The oath may be administered by the Clerk or by any person authorized by law to administer oaths.
[1978 Code § 5-105]
a. 
Every constable shall on or before the first Wednesday following the first Monday of every month file with the Governing Body by whom he was elected or appointed, a report of his official activities, other than a connection with court or judicial proceedings, for the month immediately past.
b. 
The report shall list the names and addresses of all persons contacted by the constable in his official capacity, together with the date, time and purpose of the contract. In addition, the report shall contain an accurate statement of all fees collected by the constable and from whom and for what service each fee was collected.
c. 
The failure by a constable to file such report for two consecutive months, unless he was prevented from so doing by reason of his physical incapacity, shall result in his office being deemed vacant and he shall be barred from exercising the rights and privileges thereof.
[1978 Code § 5-106]
Each constable, within one year after entering upon the duties of his office, shall submit proof of having successfully completed a course in the handling and use of firearms, which course must be approved by the Commissioner of Public Safety, and in addition, the candidate must be certified by the Chief of Constables to be of good moral character.
The requirements for the gun course shall only apply to those constables who wish to carry guns during the performance of their duties.
[1978 Code § 5-107]
The Township Committee shall annually designate a Chief of Constables who shall, in addition to other duties assigned by the Commissioner of Public Safety, render an annual report which shall include performance against objectives for the past year, objectives and budget requirements for the forthcoming year, and other information requested by the Township Committee.
[1978 Code § 4-101; Ord. #4/4/85]
There is hereby created the position of Code Enforcement officer.
[1978 Code § 4-102; Ord. #4/4/85]
The annual wage for the position shall be established by the Annual Salary Ordinance.
[1978 Code § 4-103; Ord. #4/4/85]
It shall be the responsibility of the Township Code Enforcement Officer to enforce the following enumerated ordinances as set forth in the Hope Township Ordinance Code:
a. 
Chapter 3, Section 3-23; 3-24; 3-25 and 3-26.
b. 
Chapters 17, 18, 19 and 20, Land Development.
c. 
Board of Health Chapter.
[1978 Code § 4-104; Ord. #4/4/85]
The Township Code Enforcement Officer shall submit written monthly reports to the governing body and/or Board of Health upon request.
[1978 Code § 12-501]
The Map prepared by Rodman Associates, dated August 1979, revised February 7, 1980, a copy of which is annexed hereto, shall be the official map of the Township of Hope pursuant to N.J.S.A. 40:55D-32.
[Ord. #92-10 §§ 1—3]
a. 
The Official Map is hereby amended, in whatever manner is necessary, to reflect all subdivisions shown on the latest base map dated February, 1992, and showing tax map information through October, 1990.
b. 
The Official Map is hereby amended in whatever manner is necessary to reflect the name and location of Birch Ridge Drive. Birch Ridge Drive is hereby designated as that section of road extending from Far View Road southwest to its terminus at a cul-de-sac. This road was not previously shown on the map.
c. 
The Township Engineer or any other person, firm or entity responsible for the creation, review or maintenance of the Official Map is hereby authorized to take whatever steps are necessary to amend the Official Map pursuant to paragraph a stated above. The Amended Official Map shall show the last revision date of December 28, 1992.
[Ord. #90-05, § 1]
There is hereby created the position of 9-1-1 Coordinator of the Township of Hope who shall be appointed by the Township Committee, and who shall serve at the pleasure of the governing body. The 9-1-1 Coordinator may, but need not be, a person who is also employed by the Township in another capacity.
[Ord. #90-05, 1]
The 9-1-1 Coordinator shall represent the Township's interest in meeting with and providing the necessary information to the Warren County 9-1-1 Coordinator and the Warren County Emergency Communication Committee for the purpose of establishing a plan for the implementation of an enhanced 9-1-1 service throughout the County, and subject to final approval of the Township Committee, shall establish Hope Township's proposed participation in the statewide implementation of the 9-1-1 Enhanced Emergency Communication System as required by N.J.S.A. 52:17C-1 et seq.
[Ord. #90-05, 1]
The compensation of the 9-1-1 Coordinator of the Township of Hope shall be established by the Township Salary Ordinance.
[Ord. #90-05, § 1]
If any part of this section is declared to be invalid it shall not effect the validity of the remainder of the section.
[Ord. #90-07, § 1]
The mayor shall appoint a municipal disaster control director from among the residents of the municipality. The municipal disaster control director shall serve, subject to fulfilling the requirements of this section, for a term of three years. As a condition of his appointment and his right to continue for the full term of his appointment, the municipal disaster control director shall have successfully completed at the time of his appointment or within one year immediately following his appointment, the current approved civil defense director — Fulfill such requirements within the period prescribed shall disqualify the Director from continuing in the office of Director and thereupon a vacancy in said office shall be deemed to have been created.
[Ord. #90-07, § 1]
The Municipal Disaster Control Director shall appoint a Deputy Municipal Disaster Control Director with the approval of the Mayor. Wherever possible, such Deputy shall be appointed from among the salaried officers or employees of the municipality.
[Ord. #90-07, § 1]
The Municipal Disaster Control Director shall be responsible for the planning, activating, coordinating and the conduct of disaster control operations within the Township. Whenever, in his opinion, a disaster has occurred or is imminent in any municipality, the Municipal Disaster Control Director shall proclaim a state of local disaster emergency within the Township. The Municipal Disaster Control Director, in accordance with regulations promulgated by the State Civilian Defense Director, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out disaster control operations and to protect the health, safety and resources of the residents of the Township.
[Ord. #90-07, § 1]
The compensation of the Municipal Disaster Control Director shall be established by the Township Salary Ordinance.
[Ord. #90-07, § 1]
There is hereby created a local Defense Council to be composed of not more than 15 members who shall be appointed by the Mayor and shall hold office at the will and pleasure of the Mayor. The Municipal Disaster Control Director shall be a member and shall serve as chairman of the Local Defense Council.
[Ord. #90-07, § 1]
The Local Defense Council shall assist the municipality in establishing the various local volunteer agencies needed to meet the requirements of all local civil defense and disaster control activities in accordance with the rules and regulations established by the Governor of the State of New Jersey. The Local Defense Council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the civil defense and disaster control activities of the municipality.
[Ord. #90-07, § 1]
If any part of this section is declared to be invalid it shall not effect the validity of the remainder of the section.
[Ord. #95-01, § 1]
This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Township of Hope.
[Ord. #95-01, § 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 therein, 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. #95-01, § 3]
The Township Clerk shall be designated as the representative of the Township of Hope to the Sussex County Cooperative Pricing Council and shall be authorized to accept subsequent request for participation in the Agreement on its behalf.
[Ord. #95-01, § 4]
The Lead Agency created in the Agreement and the party 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.
[1]
Editor's Note: Former Section 2-17, Intermunicipal Agreement for an Animal Control Officer, previously codified herein and containing portions of Ordinance No. 94-08 was repealed in its entirety by Ord. No. 96-11.
[1]
Editor's Note: This section was approved by the voters of the Township of Hope at the General Election of November 2, 2004.
[Ord. #04-10, § 1]
There is hereby established in the general capital fund which shall be noted and designated as Farmland Preservation Trust Fund. A separate bank account shall be established and maintained therefor entitled Township of Hope Farmland Preservation Trust Account. As directed by the Township Committee, funds from the Farmland Preservation Trust Fund, may be utilized to acquire all types of interests in real property, including, not by way of limitation, fee simple acquisitions, easements, development rights or any other lesser interests in real estate which will further the goal of farmland. The lands in which such interests may be acquired shall include undeveloped land as well as land containing improvements at the time of acquisition, provided that the principal purpose of the acquisition is to preserve farmland. The Township Committee shall have the option of paying for land acquisitions with improvements upon them either solely through the Farmland Preservation Trust Fund or by apportioning the cost thereof by charging the Farmland Preservation Trust Fund for the land portion and the capital account for the improvement portion. It is understood that such acquisition may occur via gift, purchase or by eminent domain proceedings pursuant N.J.S.A. 20:3-1 et seq. In addition, the Township Committee may authorize the disbursements of moneys from the Farmland Preservation Trust Fund to assist the County of Warren in acquiring interests in real property, located within the Township, for the purposes stated herein, provided that suitable arrangements are made to assure that:
a. 
Such lands are made subject to restrictions substantially similar to those imposed by this section; and
b. 
In the event that such interests subsequently are sold, the net proceeds of such disposition will be paid over to the Township's Farmland Preservation Trust Fund in the same proportion that the Township's contribution bore to the original purchase price.
[Ord. #04-10, § 1]
Beginning in 2005, a special tax rate shall be added to the total Township tax rate in an amount not to exceed five ($0.05) cents per $100 of the annual assessed valuations and tax rate, the revenue from which shall be deposited into the Farmland Preservation Trust Fund. The Township Committee may, in its discretion, deposit additional municipal moneys into the Farmland Preservation Trust Fund, which deposits shall then be subject to all of the provisions governing the Farmland Preservation Trust Fund. The Farmland Preservation Trust Fund shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the Farmland Preservation Trust Fund shall be utilized for the acquisition of real estate and interests in real estate as more fully delineated in subsection 27-1.1 hereinabove. In connection with such acquisition, the funds may be utilized for appraisals and other items of expense permitted by law in connection with the acquisition or as a down payment for the issuance of bonds or for debt service for the same purpose at the discretion of the Township Committee. Any and all interest accruing shall remain in the Farmland Preservation Trust Fund and may be utilized for the above-described purposes. The Township shall obtain a minimum of one appraisal from a certified appraiser, plus the appraisal of the tax, as a guide to fair market value. The cost of such appraisal may be paid out of the Farmland Preservation Trust Fund.
[Ord. #04-10, § 1]
The land acquired with the Farmland Preservation Trust Fund funds shall be utilized in a manner consistent with the purposes for which said Fund was created.
The deed of any property acquired wholly or partly with funds from the Farmland Preservation Trust Fund shall contain a specific notation reflecting that the property was acquired with funds from the Farmland Preservation Trust Fund.
[Ord. #04-10, § 1]
No real property of interest therein acquired with these funds from the Farmland Preservation Trust Fund shall be sold, conveyed, leased or otherwise alienated unless it is needed for another public use or otherwise furthers the purposes of the Trust. If such a sale, lease or conveyance is made, the Township Committee shall be required to (1) place the moneys received into the Farmland Preservation Trust Fund for use consistent with the purposes of which said fund was created and 2) in due course, replace, such property or interest with property or an interest of at least equal fair market value and of reasonable equivalent usefulness, size, quality and location of the land conveyed.
[1]
Editor's Note: Section 2-19, Municipal Alliance Committee Against Drug and Alcohol Abuse of the Townships of Hope and White containing Ordinance No. 13-05, was deleted in entirety by Ord. No. 2016-02.
[Ord. No. 2016-09]
There is hereby created the position of Purchasing Agent for the Township of Hope.
[Ord. No. 2016-09]
The Purchasing Agent shall be appointed by the Mayor and Township Committee.
[Ord. No. 2016-09]
The Purchasing Agent is required to possess a valid Qualified Purchasing Agent Certificate, as issued by the New Jersey Division of Local Government Services, Department of Community Affairs.
[Ord. No. 2016-09]
The Purchasing Agent shall have, on behalf of the Mayor and Committee of the Township of Hope, the authority, responsibility and accountability for: the purchasing activity pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., to prepare public advertising for and to receive bids and requests for proposals for the provision of performance of goods, services and construction contracts; to award contracts pursuant to New Jersey law in accordance with the regulations, forums and procedures promulgated by State regulatory agencies; the establishment and enforcement of any and all local purchasing policies adopted by the Governing Body; the purchasing and claims approval authority of the Township Purchasing Officer set forth by ordinance; and the conduct of any activities as may be necessary or appropriate to the purchasing function of the Township of Hope.
[Ord. No. 2016-09]
Having appointed a Qualified Purchasing Agent pursuant to N.J.S.A. 40A:11-9, the Township will take advantage of the higher bid threshold (currently $40,000.00, with a quote threshold of 15% or $6,000.00), pursuant to N.J.S.A. 40A:11-3(a), as such threshold may be adjusted from time to time pursuant to N.J.S.A. 40A:11-3(e), but may at its discretion go to bid at a lower amount to encourage greater competition among bidders.
[Ord. No. 2016-05]
The State of New Jersey has been engaged in a process to establish a competitive market place through deregulation and restructuring the electric utility market and natural gas market.
The establishment of a government aggregator and an energy aggregation program to purchase electric generation service and natural gas pursuant to N.J.S.A. 48:3-93.1 et seq. and N.J.A.C. 14:4-6.1 et seq. will increase competition for the provision of electric power and natural gas to residential and non-residential users, thereby increasing the likelihood of lower electric rates and natural gas rates for these users without causing any interruption in service.
Under the aggregation process the residential and non-residential ratepayers may likely receive a direct reduction in their electric bills and gas bills.
The realization of energy costs savings is in the interests of the health, safety and welfare of the residents of Hope Township (the "Township").
The Township hereby finds that it is in the best interests of residential and non-residential electric ratepayers for the Township to create the opportunity for them to enter into an aggregation agreement in order to seek substantial savings on electric rates.
[Ord. No. 2016-05]
The Township publicly declares its intent to become an aggregator of electric power on behalf of its residential and non-residential users of electricity pursuant to the Government Energy Act of 2003, N.J.S.A. 48:3-91.3 to -98, and implementing regulations.
[Ord. No. 2016-05]
The Township will utilize approved vendor Concord Engineering's d/b/a Concord Energy Services Reverse Energy Auction Platform pursuant to the NJ E-Procurement Pilot program (P.L. 2001, c. 30) under the NJ Department of Community Affairs. The Reverse Energy auction will seek bids from licensed and appropriate third party suppliers. If such winning bid is selected and agreement executed, individual residential consumers would retain the option not to participate and to choose any alternatives they desire, while non-residential ratepayers would also have the right to participate.
[Ord. No. 2016-05]
The Mayor and Township Clerk are hereby authorized and directed to execute any documents necessary to carry out the purpose of the section.