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Township of Green, NJ
Sussex County
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Table of Contents
Table of Contents
Pursuant to N.J.S. 26:3-9(b), the Township Committee hereby adopts the provisions of N.J.S. 26:3-3 to -8.1 and will hereafter be subject to its provisions and not be subject to the provisions of N.J.S. 26:3-9 to -17.
The Green Township Board of Health shall consist of the members of the Township Committee and two alternate members. The alternate members shall be appointed by the Township Committee and shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
The terms of regular Board members shall be coextensive to their Township Committee terms. The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be for two years for Alternate No. 1 and one year for Alternate No. 2 (so that the term of not more than one alternate member shall expire in any one year). A vacancy occurring otherwise than by expiration of term shall be filled by the Township Committee for the unexpired term only.
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 first.
No regular or alternate Board member shall be permitted to act on any matter in which they have either directly or indirectly any personal or financial interest.
a. 
The Board of Health shall adopt bylaws governing its procedural operation. It shall elect a Chairman, Vice Chairman and Secretary from among its members and create and fill such other offices as it determines. It shall have the power and authority to employ experts and a staff for enforcement and carrying out its purposes, including a sanitarian 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.
b. 
The Board of Health is empowered to employ a person having the title of Clerk of the Board of Health. The person so employed shall not be a member of the Board of Health. The Clerk 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. The compensation for the Clerk shall be established by the Governing Body by ordinance and resolution.
c. 
The Board of Health shall have the powers and perform the duties prescribed by law and municipal ordinance.
d. 
The Board of Health shall make all necessary rules and regulations for the protection of the health of the inhabitants of the Township and shall guard against the spread of contagious diseases and shall prevent, by necessary rules, the induction of diseases, contagious or otherwise, within the boundaries of the Township.
There is hereby established in the Township a Recreation Advisory Committee, which shall have the duties and powers hereinafter set forth, the members of which shall be appointed by the Mayor in accordance with the provisions of this section with the advice and consent of the Township Committee.
The Recreation Advisory Committee shall be composed of citizens of the Township and shall be appointed annually by the Mayor. The Mayor shall also appoint one member to serve as the Chairperson of this Advisory Committee. Vacancies, which occur during the year, shall be filled for the unexpired term only. The members shall receive no compensation for their services. The number of members of this advisory committee shall be determined by the Mayor. Two members of the Township Committee shall be appointed annually by the Mayor to serve as representatives of the Governing Body to the Recreation Advisory Committee but shall have no vote unless such person also is formally appointed as a member of the Recreation Advisory Committee.
a. 
The Township Committee shall cooperate with the Recreation Advisory Committee to coordinate recreational activities in the Township in order to plan a balanced recreational program for the citizens of the Township and in order to provide the maximum use of recreational facilities in the Township.
b. 
The Township Committee may, by resolution, place public places, playgrounds and recreational places under the jurisdiction of the Recreation Advisory Committee for scheduling activities, use or for such purposes as may be specified in any such resolution. The Township shall continue to be responsible for the care, custody, policing, equipping and maintenance of any such public places, playgrounds and recreational places which may be placed under the jurisdiction of such Recreation Advisory Committee unless such responsibilities, or any of them, shall be specifically assigned in any such resolution.
c. 
The Recreation Advisory Committee herein established shall not be, and shall not be deemed to be, a recreation commission pursuant to N.J.S. 40:12-1 et seq., but such Recreation Committee shall have only those powers and duties as may be set forth herein, or as may be more particularly provided by resolution of the Township Committee; provided, however, that in no event shall the Recreation Advisory Committee have, or be given, any powers or duties which would not be permitted to a recreation commission established under N.J.S. 40:12-1 et seq.
d. 
There shall be no appropriation of public funds made to the Recreation Advisory Committee, or for the use of the Recreation Advisory Committee, except that public funds may be appropriated and used by the Township Committee for the following purposes connected with such Recreation Advisory Committee.
1. 
For the care, custody, policing, equipping and maintenance of public places, playgrounds and recreational places as provided in Subsection b above.
2. 
For the establishment and enactment of programs to be sponsored by the Recreation Advisory Committee. Such programs shall have received the approval and authorization of the Township Committee. Any programs which require funding by the Township, shall be submitted in writing to the Township Committee, with an estimated budget request amount. No programs shall be considered authorized by the Township Committee without the provision of the funding of such programs in the Township's annual budget.
3. 
The Township shall obtain liability insurance coverage, covering the approved activities of the Recreation Advisory Committee, and protecting the Township, the Recreation Advisory Committee, and the individual members of the Recreation Committee, in the same manner and to the same extent as would be done were a recreation commission created pursuant to N.J.S. 40:12-1 et seq.
4. 
The Township may provide and pay for surety bonds covering the members of the Recreation Advisory Committee in the handling of such funds as the Committee may receive from fees, gifts, donations or other sources. The Recreation Advisory Committee members responsible for the collection of such money shall be required by Statute to turn such funds over to the Township Treasurer within 48 hours of receipt.
e. 
Neither the Recreation Advisory Committee nor any member or members thereof shall have any power or right, express or implied, to bind or obligate the Township or the Township Committee, directly or indirectly.
[Ord. No. 09-12 § 1]
a. 
The Recreation Committee shall incur no financial obligations and shall expend no monies without the authorization of the Township Committee by duly adopted resolution.
b. 
All requests for purchases must be approved and signed by the Chairperson of the Recreation Advisory Committee and/or the Recreation Advisory Subcommittee Chair and received the certification of the Township's Chief Financial Officer and/or Treasurer prior to the Township Committee incurring such debt.
c. 
The Recreation Advisory Committee shall collect no fees from the public for participation in activities without the authorization of the Township Committee by duly adopted resolution.
a. 
The Recreation Advisory Committee shall organize annually during the month of January at a meeting called by the Chairman in accordance with the Bylaws of this Advisory Committee.
b. 
The Recreation Advisory Committee shall establish programs and projects for the year and submit same to the Township Committee for approval.
c. 
The Recreation Advisory Committee shall submit an annual request for a budget amount to the Township's Finance Committee upon the request of the Township's Chief Financial Officer or Treasurer. Such requests shall outline the programs anticipated and the projected cost of each program.
a. 
The Bylaws of the Recreation Advisory Committee may be amended from time to time as deemed appropriate by this Advisory Committee. All amends to such Bylaws must be submitted to the Township Committee in written form and approved by the Township Committee.
[1]
Editor's Note: References to the Environmental Commission found elsewhere in the Code shall refer to the Environmental Advisory Committee.
[Ord. No. 21-98]
An Environmental Advisory Committee for the protection, development and use of the natural land, air and water resources located in the Township of Green is hereby established.
[1979 Code § 11-2; Ord. No. 16-91; Ord. No. 21-98]
The Committee shall be known as the "Green Township Environmental Advisory Committee."
[1979 Code § 11-3; Ord. No. 19-80; Ord. No. 6-89; Ord. No. 21-98]
a. 
The Committee shall consist of five members plus two alternate members to be appointed by the Mayor with the advice and consent of the Township Committee. All members of the Committee shall be residents of the Township of Green.
b. 
The Township Engineer and the Attorney for the Planning Board of Green Township shall be and serve as advisory members of the Committee.
c. 
Alternate members may participate in discussion 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 Number 1 shall vote.
The terms of the alternate members shall be for two years, except that the initial appointments shall be Alternate Number 1 for two years and Alternate Number 2 for one year.
[1979 Code § 11-4; Ord. No. 21-98]
The members of the Committee shall serve without compensation, but each shall be entitled to be reimbursed for actual expenses incurred in the performance of his duties as a member of the Committee.
[1979 Code § 11-5; Ord. No. 19-80; Ord. No. 21-98]
a. 
At the organizational meeting, the Mayor shall appoint a Chairman of the Committee to serve for a term of one year and the Township Committee may provide clerical personnel to assist the Committee.
b. 
Members shall be appointed for terms of three years and until the appointment and qualification of their successor.
c. 
All vacancies on the Committee occurring otherwise than by expiration of term shall be filled by the Mayor upon advice and consent of the Township Committee for the duration of the unexpired term at a regular Township Committee meeting.
[1979 Code § 11-6; Ord. No. 21-98]
a. 
The Committee shall serve in an advisory capacity to the Township Committee, Planning Board and Board of Adjustment of the Township of Green.
b. 
The Committee shall research, study and make proposals as to the use and possible use of open areas of the Township and the conservation and use of the water resources of the Township, and shall make studies and proposals respecting air, water and land pollution.
c. 
The Committee may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes.
d. 
The Committee 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 from time to time recommend to the Planning Board plans and programs for inclusion in the Municipal Master Plan for the development and use of such areas.
e. 
Generally, the Committee shall have the power to do all things necessary to promote the conservation and development of the Township's natural resources, shall provide the impetus and take leadership in natural resources planning and shall inform the public about local conservation programs and the need for conserving the natural resources of the Township.
[1979 Code § 11-7; Ord. No. 21-98]
Meetings of the Environmental Advisory Committee shall be held at regular intervals on such dates as it shall determine and at the call of the Chairman.
[1979 Code § 11-8; Ord. No. 21-98]
The Environmental Advisory Committee shall keep minutes of its meetings and shall make written reports to the Township Committee concerning its activities, proposals and plans and shall make a semiannual report to the Township Committee.
[1979 Code § 11-9]
Any and all necessary ordinances and resolutions prepared for the carrying out of the provisions of this chapter shall be effective only upon adoption by the Township Committee of the Township of Green.
[Ord. No. 21-98]
a. 
The Environmental Advisory Committee shall incur no financial obligations and shall expend no monies without authorization of the Township Commission by duly adopted resolution.
b. 
All request for purchases must be approved and signed by the Chairperson of the Environmental Advisory Committee and receive the certification of the Township's Chief Financial Officer and/or Treasurer prior to the Township Committee incurring such debt.
There shall be a Planning Board for the Township of Green, which shall be appointed pursuant to and have such powers as are provided by N.J.S. 40:55D-1 et seq., and by Chapter 30, Land Use Regulations of the Code of the Township of Green.
There shall be a Zoning Board of Adjustment which shall be appointed to and have such powers as are provided by N.J.S. 40:55D-1 et seq., and by Chapter 30, Land Use Regulations.
[Ord. No. 24-97, Preamble]
The voters of the Township of Green approved by an overwhelming majority a referendum which recommended to the Township Committee the creation of a municipal Open Space, Recreation, Farmland Preservation, and Historic Preservation Trust Fund for the acquisition and preservation of municipal open space, recreation, farmland preservation, and historic preservation (hereinafter referred to as the "Open Space Trust Fund"); and the Township Committee has determined that this referendum be implemented by and through the creation of an Open Space, Recreation, Farmland Preservation, and Historic Preservation Committee (hereinafter referred to as the "Open Space Committee").
[Ord. No. 24-97 § 1]
There is hereby established an Open Space Committee which shall consist of five members whose terms and powers are hereinafter set forth.
[Ord. No. 24-97 § 2; Ord. No. 00-02]
The Open Space Committee shall be comprised of the following persons:
a. 
One member of the Township Committee of the Township of Green appointed by the Township Committee.
b. 
Four citizens of the Township appointed by the Township Committee.
c. 
Alternate Citizen Members.
1. 
There may also be not more than two alternate citizen members appointed to the Open Space Committee.
2. 
The alternate citizen members shall be designated as "Alternate No. 1" and "Alternate No. 2."
3. 
The terms of the alternate citizen members shall be for two years, except that the terms of the alternate citizen members shall be such that the term of not more than one alternate citizen member shall expire in any one year; provided, however, that in no instance shall the term of the alternate citizen members first appointed exceed two years.
4. 
A vacancy occurring otherwise than by expiration of term shall be filled by appointment for the unexpired term only.
5. 
No alternate citizen member shall be permitted to act on any matter, in which he has, either directly or indirectly, any personal or financial interest.
6. 
Alternate citizen members may participate in discussions of the proceeding but may not vote except in the absence or disqualification of a regular citizen member. A vote shall not be delayed in order that a regular citizen member may vote instead of an alternate citizen member. In the event that a choice must be made as to which alternate citizen member is to vote, Alternate No. 1 shall vote.
[Ord. No. 24-97 § 3]
a. 
The member of the Township Committee appointed to the Open Space Committee shall have a term of one year.
b. 
The terms of the citizen members shall be for three years, except that the terms of not more than two citizen members shall expire in any one year; provided, however, that the terms of two citizen members first appointed shall not exceed one and two years respectively.
[Ord. No. 24-97 § 4]
a. 
The Open Space Committee shall initially prepare a report recommending which parcels of land should be acquired in fee and/or those parcels of land from which the Township should acquire development rights only.
b. 
The Open Space Committee shall submit to the Township Committee a prioritized list of properties which it recommends that the Township acquire and/or properties from which it recommends that development rights should be acquired. The Township Committee shall review the list as submitted and make a determination as to which properties are to be acquired and shall state the amount of funds that the Committee shall make available for such acquisition.
c. 
After selection of the properties to be acquired referred to in Subsections a and ., the Township may proceed to acquire by gift, purchase, or by eminent domain proceedings, pursuant to N.J.S. 20:3-1 et seq., the identified parcels within the financial constraints established by the Township Committee.
d. 
The Open Space Committee shall hold public meetings, which public meetings shall be held in accordance with the Open Public Meetings Act, and the Committee shall give appropriate notification of said meetings.
e. 
The Open Space Committee shall select from among its members a Chairman and a Vice Chairman to serve as the presiding officer in the absence of the Chairman. The Committee shall also select a Secretary whose function shall be to maintain minutes of the committee's meetings and records of the proceedings of the Committee.
[Ord. No. 24-97 § 5]
The Open Space Committee shall hold its initial organization meeting shortly after this section takes effect.
[Ord. No. 24-97 § 6; Ord. No. 2017-11]
There is hereby established a reserve in the general Capital Fund which shall be known and designated as the "Reserve for Open Space Acquisition." A separate bank account shall be opened and maintained for this purpose. Funds from the Reserve for Open Space Acquisition may, as directed by the Township Committee, be utilized to acquire vacant land, as well as land which has improvements upon it at the time of acquisition, where the principal purpose of the acquisition is to preserve open space, recreation, farmland preservation and/or historic preservation. In the event that the Township Committee shall find it appropriate to apportion the cost of acquisition between open space and improvements, it may do so and charge the Reserve for Open Space acquisition for the approximate value that it deems appropriate relative to open space and the Township's Capital Account for the value that it determines shall be attributed to improvements. Additionally, up to 30% of the balance of the Fund (as of January 1 of each year) may be utilized for the construction and maintenance costs of Open Space properties.
[Ord. No. 24-97 § 7; amended 3-6-2023 by Ord. No. 2023-03]
The Reserve for Open Space Acquisition shall be funded through the dedication to the fund of an amount of $0.01 per $100 of assessed valuation of each annual tax levy commencing with the year 1998. The reserve shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the reserve may be utilized for the acquisition of land or development rights in land or as a down payment for the issuance of bonds for the same purpose at the discretion of the Township Committee or for the payment of debt service or indebtedness issued or incurred by the Township for any purpose contemplated by this section. Any and all interest accruing shall remain in the reserve and may be utilized for the above-described purposes.
[Ord. No. 24-97 § 8]
a. 
No property acquired with these funds from the Reserve for Open Space Acquisition shall be leased or sold, until the sale or lease has been authorized by the Township Committee in the manner prescribed by law.
b. 
The Mayor and Township Committee, after at least one public hearing thereon, and upon a finding that the purposes of this section might otherwise be better served or that any land acquired by the Township pursuant to this section is required for another public use, may by Ordinance convey, through sale, exchange, transfer or other disposition, title to, or a lesser interest in, that land, provided that the Township shall replace any land conveyed under this section by land of at least equal fair market value and reasonably equivalent usefulness, size, quality and location to the land conveyed. Any money derived from the conveyance shall be deposited into the Fund created thereunder.
c. 
Any conveyance made pursuant to this section shall be made in strict accordance with the "Local Lands and Buildings Law" (N.J.S. 40A:12-1 et seq.). In the event of conveyance by exchange, the land or improvements thereon to be transferred to the Trust shall be at least equal in fair market value and of reasonably equivalent usefulness, size, quality and location to the land or improvements transferred from the Trust.
[Ord. No. 24-97 § 9]
In the event that no property is acquired under this section for a period of five consecutive years, then the Township Committee shall review the activities of the Open Space Committee and issue a report with recommendations and conclusions concerning the Reserve for Open Space Acquisition.
[Ord. No. 2017-05]
There is hereby established an Agricultural Advisory Committee which shall consist of three members who shall be residents of Green Township, in accordance with and with the powers as hereinafter set forth. The Agricultural Advisory Committee shall report to the Green Township Land Use Board and shall serve as an advisory committee to the Township Committee for the purposes of discussion of matters of interest to the farming community, current and pending Township ordinances affecting the farming community, farmland preservation planning, and other issues of interest to the farming community which will have an impact upon the Township as a whole.
[Ord. No. 2017-05]
Members shall be appointed by the Mayor with the consent of the Committee. The Agricultural Advisory Committee shall be comprised of three residents of the municipality; and the majority of the members must be actively engaged in farming and own a portion of the land that they farm.
The Agricultural Advisory Committee shall select from among its members a Chairman. The Committee shall also select a Secretary whose function shall be to maintain minutes of the Committee's meeting and records of the proceedings of the Committee.
[Ord. No. 2017-05]
The terms of the members shall be for three years.
[Ord. No. 2017-05]
The Agriculture Advisory Committee shall:
a. 
Assist the Township Committee in carrying out its duties and responsibilities by informing it of developments in the farming community that should be considered when using municipal regulatory and land use powers.
b. 
Assist the Township Committee in development and review of ordinances for impacts upon the farming community.
c. 
Assist the Land Use Board in the review, adjustments and amendments to the Farmland Preservation Plan element pursuant to N.J.S.A. 40:55D-28b(13).
d. 
Consider educational opportunities for residents to learn about the history of farming in Green Township, how to support the local farming community, and how to become involved in the agricultural industry.
e. 
Promote interest in Township children in 4-H and other related agricultural activities.
f. 
Provide information to the Township's Open Space Committee on farmland preservation opportunities in Green Township.
g. 
Review and recommend any changes to Farmland Preservation Planning Incentive Grant (PIG) project areas or recommend new project areas to the Township Committee and Open Space Committee.
h. 
Make an annual report to the Township Land Use Board and Committee summarizing the activities and operations of the Committee during the preceding year.
[Ord. No. 2017-05]
The Agriculture Advisory Committee shall hold public meetings as it deems necessary, which public meetings shall be held in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
[Ord. No. 2017-05]
The Agriculture Advisory Committee shall hold its initial organizational meeting within 60 days of the effective date of this section.