[Ord. No. 14-2015]
No payment of property tax for Guttenberg property shall be
accepted by cash. The only means of payment accepted shall be check
or money order.
[Ord. 4/5/89 § I]
No license or permit shall be issued by or approved by the Town
or any of its departments or subagencies unless the applicant for
the license or permit, if the applicant is the owner of the property
in which the business or activity to be licensed or permitted is to
be conducted, pays in full any delinquent property taxes or assessments
on the property.
[Ord. 4/5/89 § II]
Any license or permit issued or approved by the Town or any
of its departments or subagencies shall be revoked by the issuer if
the licensee owns the property on which the licensed business or activity
is conducted and has failed to pay the taxes due on his property for
at least three consecutive quarters.
[Ord. 4/5/89 § III]
The provisions of this section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act," N.J.S.A. 33:1-1 et seq.
[Ord. 3/21/90 § 1]
It is the intent and purpose of this section to provide for
the defense of actions against, and the indemnification of, public
employees as permitted by N.J.S.A. 59:10-4.
[Ord. 3/21/90 § 2]
As used in this section:
Shall mean any elected or appointed official or any officer,
employee or servant, whether or not compensated or part-time, who
is authorized to perform any act or service; provided, however, that
the term does not include an independent contractor.
Shall mean any employee or former employee of the Town.
[Ord. 3/21/90 § 3]
The Town shall provide for the defense of any action brought
against a public employee on account of any act or omission in the
scope of his employment, and this obligation shall extend to any cross
action, counterclaim or cross complaint against such employee.
[Ord. 3/21/90 § 4]
The provisions for defense shall not be applicable when the
Mayor and Board of Council determine that:
a.
The act or omission was not within the scope of employment;
b.
The act of failure to act was because of actual fraud, willful misconduct
or actual malice;
c.
The defense of the action or proceeding would create a conflict of
interest between the Town and the public employee;
d.
The defense of the action or proceeding is provided for by an insurance
policy or policies; whether obtained by the Town or by any other person.
e.
The public employee failed to deliver to the Town Attorney within
10 calendar days after the time he is served with any summons, complaint,
process, notice, demand or pleading, the original or a copy of the
same;
f.
The public employee has failed to cooperate fully with the defense.
[Ord. 3/21/90 § 5]
The Town may provide any defense required of it under this section
through an attorney from its own staff or by employing other counsel.
The Town shall in no event be responsible for costs or attorney's
fees incurred by anyone unless it shall have agreed in writing to
the terms of this representation.
[Ord. 3/21/90 § 6]
Whenever the Town provides any defense required of it under
this section the Town, through counsel, may assume exclusive control
over the representation of the public employee and such employee shall
cooperate fully with the defense.
[Ord. 3/21/90 § 7]
a.
In any case where the Town is required to provide a defense under
this section, the Town shall pay or shall reimburse the public employee
for the following:
1.
Any bona fide settlement agreements entered into by the Town on behalf
of the employee.
2.
Any judgments entered against the employee including, but not limited
to, exemplary or punitive damages resulting from the employee's civil
violation of State or Federal law if, in the opinion of the Mayor
and Board of Council, the acts committed by the employee upon which
the damages are based did not constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
3.
If the Town has failed, after reasonable notice, to provide such
required defense, all costs of defending the action, including reasonable
counsel fees and expenses together with costs of any appeal.
b.
In addition, in any case where the Town would be required to provide
a defense under this ordinance, except for the fact that such defense
is provided for by insurance, the Town shall provide indemnification
as aforesaid, but only to the extent not covered by insurance.
c.
Nothing in the section shall authorize the Town to pay for damages
resulting from the commission of a crime.
[Ord. 8/4/75 § 1]
Any person claiming payment from the Town of Guttenberg shall
first submit a detailed statement of the items or demand necessitating
such claim, on forms hereby approved, to the Town Clerk, 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
municipal official responsible) 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 Town of Guttenberg, and that those
services or goods are consistent with any existing contract or purchase
order. The Governing Body shall review and sign all vouchers.
[Ord. 8/4/75 § 2]
The bill or claim duly certified shall be presented the Town
Clerk for inclusion in the agenda of the next available formal meeting
of the governing body, and it shall be the duty of the Town 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 considered
systematically without preference and the claims or bills shall be
made available to every member of the governing body in sufficient
time prior to formal action by that body.
[Ord. 8/4/75 § 3]
Claims shall be considered by the governing body which shall
approve the same, except that the governing body may reject any claim
in whole or in part presented to it, stating the reason for such rejection.
Any disapproved claim shall be referred back to the Town Clerk with
such instructions as the governing body may give at the time of disapproval.
[Ord. 8/4/75 § 4]
It shall be the duty of the Town 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 the
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.
[Ord. 8/4/75 § 5]
After the Clerk has certified that the claims have been approved,
he shall turn the same over to the chief Financial Officer/Treasurer
who shall forthwith prepare the necessary checks for the payment thereof,
which checks shall be signed by the Mayor and thereafter signed by
the Chief Financial Officer/Treasurer. After preparing checks for
the payment of claims, he shall record them in proper books of account
and thereafter mail the checks to the claimants.
[Ord. 4/21/55 § 1]
There shall be established, in such institutions as the Mayor
and Board of Council shall from time to time designate, a separate
payroll bank account of the Town of Guttenberg in the County of Hudson,
to be known as the "Personnel Payroll Bank Account" for the purpose
of depositing all payroll requirements of the Town of Guttenberg in
the County of Hudson, therein, and the disbursement of funds therefrom
for personnel payroll purposes, on the basis of certified payrolls
and warrants hereinafter provided for.
[Ord. 4/21/55 § 2]
Disbursements are hereby authorized from the "Personnel Payroll
Bank Account" by the Chief Financial Officer/Treasurer for payroll
purposes on the basis of certified payrolls, and such regulations
as the Mayor and Board of Council prescribe.
[Ord. 4/21/55 § 3]
Payroll warrants for these purposes shall be inspected and signed
by the Chief Financial Officer/Treasurer, or in his absence or disability,
by the Town Clerk. In periods of emergency when both the Chief Financial
Officer/Treasurer and Town Clerk are absent or disabled, the payroll
warrants shall be signed and inspected by such person as the Mayor
and Board of Council shall, by resolution, designate as Acting Treasurer.
[Ord. 4/21/55 § 4]
The certified payrolls and warrants under which such payrolls
were paid shall be submitted to the next subsequent meeting of the
Mayor and Board of Council for inspection and approval or ratification.
[Ord. #1994-01 § I; Ord. #016/04; Ord. #017/06; Ord. No. 23-2016; Ord.
No. 27-2017]
A charge shall be made for the following items/services in the
amount shown after the item/service:
a.
Accident/incident reports by mail $5.
1.
Incident report written request only: money order - $10 cash and
stamp address envelope.
b.
Accident/incident reports by pickup $2.
c.
Real estate license fingerprints $10.
d.
Immigration fingerprints $5.
e.
Taxi license $30.
Taxi license renewal $30 cash
f.
Liquor license $10.
g.
Transfer liquor license $15.
h.
Good conduct letter $15.
i.
Discovery fees for attorneys and insurance companies (first page)
$5.
(per add. page) $1.
j.
Pistol purchase permit (State mandated) $2.
k.
Firearms identification card (State mandated) $5.
l.
Security fingerprints $10.
m.
Bus driver license fingerprints $5.
n.
Board of Education fingerprints.
Town resident $5.
Out-of-town resident $10.
o.
(Reserved)
[Reserved by Ord. No. 27-2017]
p.
Copy of Zoning Ordinance or Master Plan $25.
q.
Criminal record check $10 cash.
r.
Copy/printing cost to the public for documents obtained at the media
center/recreation center/cultural center $0.10 per page.
[Ord. #013/02 §§ 1 — 4; Ord. #20-10]
Pursuant to N.J.S.A. 47:1A-1 et seq., the following fees shall
apply to members of the public requesting information pursuant to
same:
b.
Special Service Charge. If the records requested to be duplicated,
inspected or examined cannot be reproduced by ordinary document copying
equipment in ordinary size or extraordinary expenditure of time and
effort to accommodate the request is needed, in addition to the actual
duplicating cost, the requestor shall pay a fee of $20 per hour for
the time required to fulfill the request.
c.
Medium for Copying. If the records requested to be duplicated, inspected
or examined is requested in a medium not maintained by the Town, in
addition to the actual duplicating cost, the requestor shall incur
a fee of $50.
d.
Examination of Records. If the requestor of a record requests to
examine said record, the requestor shall pay a special service fee
of $20 per hour for cost of the custodian safeguarding the same.
[Ord. No. 27-2017]
a.
Certified copies of marriage certificates, civil union certificates
and domestic partnership may be obtained from the Registrar or Deputy
Registrar. The fee for such certificate shall be $15.
b.
There shall be a fee of $25 for any correction to the license or
certificates.
c.
For marriage, civil union or domestic partnership ceremonies performed
by the Mayor, there shall be a fee of $50 for a ceremony involving
a bona fide, current resident of the Town of Guttenberg and there
shall be a fee of $100 for a ceremony involving only nonresidents.
[Ord. No. 07-2017 Preamble]
The Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1
et seq. (the "Exemption Law") enables municipalities which contain
an area that has been designated as an area in need of rehabilitation
pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1
et seq. (the "Redevelopment Law"), to provide for the short term exemption
or abatement of local property taxes imposed upon eligible dwellings,
commercial and industrial structures within such rehabilitation area.
On March 27, 2017, the Town of Guttenberg (the "Town") designated
certain properties within its borders as an area in need of rehabilitation
in accordance with the Redevelopment Law (the "Rehabilitation Area").
The Town believes that improvements to, and the revitalization
of, the Rehabilitation Area are of great importance to the Town as
a whole.
[Ord. No. 07-2017 § 1]
The recitals set forth above are incorporated herein as if set
forth at length.
[Ord. No. 07-2017 § 2]
All terms utilized in this section not specifically defined
herein shall conform to the meanings set forth in the Exemption Law.
For ease of reference, the definitions set forth in the Exemption
Law as of the date of the adoption of this section are attached hereto
as Exhibit A. However, if the definitions set forth in the Exemption
Law shall be subsequently amended, then the Exemption Law, and not
Exhibit A, shall control.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Ord. No. 07-2017 § 3;
amended 3-25-2019 by Ord. No. 06-19; 8-24-2020 by Ord. No. 17-20]
The Town hereby determines to utilize the authority granted under Article VIII, Section I, Paragraph 6 of the New Jersey Constitution to establish the eligibility of certain multiple dwellings for exemptions, as provided in this section and as permitted by the Exemption Law, throughout the Rehabilitation Area. In order to qualify for exemption under this section any proposed project must contain at least 10 dwelling units and complete a Town of Guttenberg Application for Abatement or Exemption form.
[Ord. No. 07-2017 § 4]
a.
Exemptions for Which Application Is Required. The Town hereby determines
that any property owner seeking exemption from taxation with respect
to the construction of multiple dwellings shall make application to
the Town Council in accordance with this section and N.J.S.A. 40A:21-9.
b.
Contents of Application. Applicants for an exemption under this section shall provide the Town Council and the Tax Assessor with the information required by N.J.S.A. 40A:21-9 and any such other pertinent information as the Town may require, including but not limited to that information set forth at Subsection 2-57.6.
c.
Review and Recommendation by Tax Assessor. Within 60 days of receipt
of a complete application pursuant to this section, the Tax Assessor
shall review the information provided and shall provide written recommendations
to the Town Council with respect to same.
d.
Action by Town Council. After receipt of the Tax Assessor's recommendations,
the Town Council shall determine whether to enter into a tax agreement
in accordance with the terms of the Exemption Law, including but not
limited to N.J.S.A. 40A:21-9 and N.J.S.A. .
[Ord. No. 07-2017 § 5]
Applicants for an exemption under this section shall provide
the Tax Assessor with the following information:
a.
Application for Tax Agreement.
1.
A general description of the project for which exemption is sought,
and an estimated schedule of completion for the project;
2.
A legal description of all real estate necessary for the project;
3.
Plans, drawings and other documents as may be required by the Town
Council to demonstrate the structure and design of the project;
4.
A description of the number, classes and type of employees to be
employed at the project site within two years of completion of the
project;
5.
A statement of the reasons for seeking an exemption on the project,
and a description of the benefits to be realized by the Town and the
property owner if an exemption is granted;
6.
Estimates of the cost of completing the project;
7.
A statement showing (i) the real property taxes currently being assessed
at the project site; (ii) estimated tax payments that would be made
annually by the property owner with respect to the project during
the period of the exemption, and (iii) estimated tax payments that
would be made by the property owner with respect to the project during
the first full year following the termination of the exemption;
8.
A description of the number and types of dwelling units to be provided,
a description of the common elements or general common elements, and
a statement of the proposed initial rentals or sales prices of the
dwelling units according to type and of any rental lease or resale
restrictions to apply to the dwellings' units respecting low or moderate
income housing;
9.
A certification by the property owner listing (i) all properties
within the Town owned by the property owner or in which the property
owner has an interest and (ii) all agreements with the Town to which
the property owner is a party; and
10.
Such other pertinent information as the Town may require.
[Ord. No. 2017-07 § 6]
The Town hereby determines that an additional improvement or
construction completed on a property already granted a previous exemption
pursuant to this section during the period in which the previous exemption
is in effect, shall be eligible to qualify for an additional exemption
under the standards identified in this section. The additional improvement
or construction shall be considered as separate for purposes of calculating
the exemption, except that the assessed value of any previous improvement
or construction shall be added to the assessed valuation as it was
prior to that improvement or construction for the purpose of determining
the assessed value of the property for which any additional exemption
is to be subtracted.
[Ord. No. 07-2017 § 7]
No exemption shall be granted pursuant to this section with
respect to any property for which real estate taxes or other municipal
charges are delinquent or remain unpaid, or for which penalties and
interest for non-payment of taxes are due.
[Ord. No. 07-2017 § 8]
In the event that the Town implements a revaluation or reassessment
during the exemption period for any property, any exemptions granted
hereunder shall continue to apply but at a valuation level consistent
with the revaluation or reassessment.
[Ord. No. 07-2017 § 9]
The granting of an exemption for a particular property shall
not prejudice the right of the Town to appropriately examine and revise
the assessment during the five-year exemption period in the event
the base assessment is found to be improperly valued and assessed.
[Ord. No. 07-2017 § 10]
Upon final passage and publication, this ordinance 07-2017 (§ 2-57), adopted April 24, 2017, shall take effect as provided by law, and shall authorize the Town to grant exemptions up to a five-year period in duration. This section shall lapse, unless readopted, on January 1, 2027, and no exemptions shall be granted after January 1, 2027, without such readoption.
[Ord. No. 07-2017 § 11]
Any and all previous ordinances adopted by the Town relating
to the Exemption Law are hereby superseded by this section.
[Added 5-29-2019 by Ord.
No. 04-19]
In 1983, the State of New Jersey (the "State") enacted the Urban
Enterprise Zone Program (the "UEZ Program"). On May 11, 1996, State
legislation was amended to include certain properties within the Town
of Guttenberg (the "Town"), as an urban enterprise zone pursuant to
N.J.S.A. 52:27(H)-60 et seq. (the "UEZ Area"). The Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law"),
authorizes municipalities to grant tax exemptions or abatements within
an urban enterprise zone in accordance with N.J.S.A. 40A: 12A-5(g).
The Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1 et seq.
(the "Exemption Law") authorizes municipalities to grant exemptions
from property taxes for a term not to exceed five years. Pursuant
to N.J.S.A. 40A:21-4 and N.J.S.A. 40A:21-7, the Town may exempt new
commercial or industrial structures and/or improvements to commercial
or industrial structures, or may identify additional eligibility criteria.
The Town believes that in order to encourage business development
and economic growth, the construction of new commercial structures
and/or improvements to commercial structures within the UEZ Area should
be granted a short term exemption of property taxes for a term not
to exceed five years. The Town believes that the revitalization of
the UEZ Area is of great importance to the Town's business and
commerce sectors, and the Town as a whole.
[Added 5-29-2019 by Ord.
No. 04-19]
All terms utilized in this section not specifically defined
herein shall conform to the meanings set forth in the Exemption Law.
[Added 5-29-2019 by Ord.
No. 04-19]
The Town hereby determines to utilize the authority granted under Article VIII, Section 1, paragraph 6 of the New Jersey Constitution to establish the eligibility of certain commercial structures and/or improvements for exemptions, as provided in this section and as permitted by the Exemption Law, throughout the UEZ Area. In order to qualify for exemption under this section, any proposed project must be within the UEZ Area and consist of either the construction of a new commercial structure or a new improvement to an existing commercial structure.
[Added 5-29-2019 by Ord.
No. 04-19]
a.
Exemptions for Which Application Is Required. The Town hereby determines
that any property owner seeking exemption from taxation with respect
to the construction of new commercial structures and/or new improvements
to an existing commercial structure shall make application to the
Town Council in accordance with this section and N.J.S.A. 40A:21-9.
b.
Contents of Application. Applicants for an exemption under this section
shall provide the Town Council and the Tax Assessor with the information
required by N.J.S.A. 40A:21-9 and any such other pertinent information
as the Town may require, including but not limited to that information
set forth in Subsection 2-57A.5.
c.
Review and Recommendation by Tax Assessor. Within 60 days of receipt
of a complete application pursuant to this section, the Tax Assessor
shall review the information provided and shall provide written recommendations
to the Town Council with respect to same.
d.
Action by Town Council. After receipt of the Tax Assessor's
recommendations, the Town Council shall determine whether to grant
an exemption for improvements to a commercial structure or enter into
a tax agreement with respect to the construction of a new commercial
structure, all in accordance with the terms of the Exemption Law,
including, but not limited to, N.J.S.A. 40A:21-7, N.J.S.A. 40A:21-9
and N.J.S.A. 40A:21-10.
e.
Terms of Exemption.
1.
If the Town Council shall determine to grant an exemption for improvements
to a commercial structure, then, in accordance with N.J.S.A. 40A:21-7,
in determining the value of such real property, the Town shall regard
up to the assessor's full and true value of the improvements
as not increasing the value of the property for a period of five years,
notwithstanding that the value of the property to which the improvements
are made is increased thereby.
2.
If the Town Council shall determine to grant an exemption with respect
to the construction of new commercial structures, the terms of such
exemption shall be as set forth in a tax agreement in accordance with
N.J.S.A. 40A:21-10.
[Added 5-29-2019 by Ord.
No. 04-19]
Applicants for an exemption under this section shall provide
the Tax Assessor with the following information:
a.
A general description of the project for which exemption is sought,
and an estimated schedule of completion for the project;
b.
A legal description of all real estate necessary for the project;
c.
Plans, drawings and other documents as may be required by the Town
Council to demonstrate the structure and design of the project;
d.
A description of the number, classes and type of employees to be
employed at the project site within two years of completion of the
project;
e.
A statement of the reasons for seeking an exemption on the project,
and a description of the benefits to be realized by the Town and the
property owner if an exemption is granted;
f.
Estimates of the cost of completing the project;
g.
A statement showing.
1.
The real property taxes currently being assessed at the project site;
2.
Estimated tax payments that would be made annually by the property
owner with respect to the project during the period of the exemption,
and
3.
Estimated tax payments that would be made by the property owner with
respect to the project during the first full year following the termination
of the exemption;
h.
A description of how the business will maintain or provide gainful
employment within the Town, assist in the economic development of
the Town, maintain or increase the tax base of the Town and maintain
or diversify and expand commerce within the municipality;
j.
Such other pertinent information as the Town may require.
[Added 5-29-2019 by Ord.
No. 04-19]
The Town hereby determines that an additional improvement or
construction completed on a property already granted a previous exemption
pursuant to this section during the period in which the previous exemption
is in effect, shall be eligible to qualify for an additional exemption
under the standards identified in this section. The additional improvement
or construction shall be considered as separate for purposes of calculating
the exemption, except that the assessed value of any previous improvement
or construction shall be added to the assessed valuation as it was
prior to that improvement or construction for the purpose of determining
the assessed value of the property for which any additional exemption
is to be subtracted.
[Added 5-29-2019 by Ord.
No. 04-19]
No exemption shall be granted pursuant to this section with
respect to any property for which real estate taxes or other municipal
charges are delinquent or remain unpaid, or for which penalties and
interest for non-payment of taxes are due.
[Added 5-29-2019 by Ord.
No. 04-19]
In the event that the Town implements a revaluation or reassessment
during the exemption period for any property, any exemptions granted
hereunder shall continue to apply but at a valuation level consistent
with such revaluation or reassessment.
[Added 5-29-2019 by Ord.
No. 04-19]
The granting of an exemption for a particular property shall
not prejudice the right of the Town to appropriately examine and revise
the assessment during the five-year exemption period in the event
the base assessment is found to be improperly valued and assessed.
[Added 5-29-2019 by Ord.
No. 04-19]
Upon final passage and publication, this section shall take
effect as provided by law, and shall authorize the Town to grant exemptions
up to a five-year period in duration. This section shall lapse, unless
readopted, on January 1, 2028, and no exemptions shall be granted
after January 1, 2028, without such readoption.
[Added 5-29-2019 by Ord.
No. 04-19]
On April 24, 2017, the Town adopted Ordinance 07-17, authorizing
certain tax exemptions with respect to residential construction. This
section supplements Ordinance 07-17, which continues in full force
and effect.
Editor's Note: Ord. No. 07-17 is codified at Section 2-57.
[Ord. No. 22-2018]
a.
The Town of Guttenberg publicly declares its intent to become an
aggregator of electric power on behalf of its 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.
b.
The Town of Guttenberg will utilize approved vendors, Commercial
Utility Consultants, Inc., 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.
c.
The Mayor and/or Town Administrator are hereby authorized and directed
to execute any documents necessary to carry out the purpose of this
section.
