[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.
l. Historic District Commission.
m. Environmental Commission.
n. Board of Recreation Commissioners.
o. Zoning Board of Adjustment.
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.
[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; amended 4-14-2021 by Ord. No. 2021-03]
a. Purposes of this section. From time to time the Fire Department is
called out to respond to automotive incidents within the municipal
boundaries of Hope Township, including, but not limited to, responding
to emergencies, along and upon Interstate Route 80. Such response
requires the providing of fire and rescue services by members of the
Fire Department including providing supplies, material and other types
of response expenses that are not otherwise recoverable by Hope Township
and, therefore, becomes a burden upon the taxpayers of Hope Township.
If Hope Township did not provide such fire services, persons who are
affected by incidents and accidents occurring within Hope Township
would have to engage private companies to provide these services at
the cost and expense of the owner of such vehicles involved in such
incidents and accidents. Accordingly, the Mayor and Township Committee
of Hope Township have determined to impose a reasonable cost upon
the owners of vehicles involved in automobile incidents and accidents
in and along and upon the roadways within the municipal boundaries
of the Township of Hope to enable the Township to continue to provide
such vital and necessary services to the public. In addition to the
fees to be charged, there shall also be charged the actual cost of
supplies, equipment and treatments used in response to emergencies,
such as treatments for fuel spills and the like. If, during the course
of providing fire services any of the equipment utilized by the Fire
Department of First Aid Squad is damaged, the cost of the repair and/or
replacement of such equipment shall also be the obligation of the
owner of the vehicle involved in the incident responded to by the
Fire Department and/or First Aid Squad.
b. The owner of such automotive vehicle shall have 30 days from the
time that the owner receives the bill/assessment to pay in full the
amount requested or in lieu of the payment thereof, to file an appeal
of said bill/assessment. Any person desiring to appeal such bill/assessment
shall file such appeal with the Hope Volunteer Fire Department and
shall state the reason or reasons that the vehicle owner disputes
the imposition of such bill/assessment. The notice of appeal shall
be filed with the Hope Volunteer Fire Department by certified mail,
return receipt requested. The Hope Volunteer Fire Department shall
hear such appeal at the next regularly scheduled meeting following
the receipt of the Notice of Appeal and shall render a decision upon
such appeal not later than 45 days following the close of the hearing
of such appeal. The decision of the Hope Volunteer Fire Department
may affirm the assessment, adjust the assessment based upon information
presented during the hearing of such appeal, or may cancel and discharge
the assessment in full or in part. The decision of the Hope Volunteer
Fire Department shall be final and binding upon the owner of such
vehicle.
c. Should the owner of such vehicle fail to pay the amount certified
to be due by the Hope Volunteer Fire Department within the time specified
in the bill/assessment notice, or fail to file within the same time
period set for payment an appeal of the bill/assessment, the Hope
Volunteer Fire Department shall issue a certification to the Municipal
Court of Hope Township, in lieu of a summons, that the owner of the
vehicle has failed to pay the assessment or file a timely appeal of
the same. The failure set forth in the certification of the Hope Volunteer
Fire Department shall be deemed a violation of this subsection which
may be enforced in the Municipal Court of Hope Township in the same
manner as any other violation under the Code of Ordinances of Hope
Township and shall be subject to, in addition to the amount of the
bill/assessment, a fine not to exceed $100 together with costs. Any
judgment of the Municipal Court may subsequently be enforced by a
proceeding to collect such amounts in the Superior Court of New Jersey,
Warren County.
d. The Township Committee of Hope hereby authorizes the Hope Volunteer
Fire Department to seek reimbursement for the cost of emergency response
services as provided for in this subsection. For purposes of this
article, "emergency response services" shall include providing, sending
and/or utilizing of firefighting, emergency and/or rescue services
by the Township, or by a private individual or corporation operating
at the request or direction of the Township. The fee schedule is attached
to this section and is what the Hope Volunteer Fire Department will
be guided by.
[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.
[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.
[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.
[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.