[1972 Code § 2-22.1; Ord. No. O-18-70]
Pursuant to N.J.S.A. 33:1-5, there is hereby created a Board of Alcoholic Beverage Control, which Board shall exercise and perform all of the functions, powers and duties and rights to administer the provisions of Title 33 of the New Jersey Statutes in respect to the City of Bayonne and Chapter 6 of the Revised General Ordinances of the City of Bayonne.
[1972 Code § 2-22.2; Ord. No. O-18-70]
The Board shall consist of three persons, no more than two of
which shall be of the same political party, who shall be chosen and
appointed by the Mayor with the advice and consent of the Municipal
Council for terms of three years. The term of each member shall be
three years. In case of a vacancy occurring before the expiration
of any term, the appointment to fill such vacancy shall be for the
unexpired term. Each member of the Board, upon his appointment, shall
file with the Municipal Clerk, in duplicate, an acceptance of his
appointment, one of which shall be retained by the Municipal Clerk
and the other of which shall be transmitted by him to the Director
of the Division of Alcoholic Beverage Control as hereinafter provided.
[1972 Code § 2-22.3; Ord. No. O-18-70]
a.
The Board shall, with the approval of the Mayor and advice and consent
of the Municipal Council, appoint a Secretary, who shall serve for
a term of three years from the date of his appointment and qualification
and who shall receive a salary as shall be fixed by the Mayor.
b.
The Secretary shall attend all meetings of the Board, keep the minutes
thereof and perform such other clerical duties as shall be assigned
to him thereby.
[1972 Code § 2-22.4; Ord. No. O-18-70]
The Municipal Clerk shall, upon the appointment of the members
of the Board, transmit to the Director of the Division of Alcoholic
Beverage Control a certified copy of this section and of the resolutions
appointing the members of the Board and a duplicate original certificate
of acceptance by each of the members filed with him.
[Ord. No. O-18-70]
The Zoning Board of Adjustment is created pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.[1]
[Ord. No. O-18-70]
The Planning Board is created pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.[1]
[1972 Code § 2-16B.1; Ord. No.
O-18-70]
There is hereby created a Board of Trustees of the Free Public
Library and Cultural Center of Bayonne pursuant to N.J.S.A. 40:54-9
et seq.
[1972 Code § 2-16B.2; Ord. No.
O-18-70]
The Board shall be composed of seven members. Two of the members
shall be the Mayor and Superintendent of Schools. The remaining five
members shall be appointed by the Mayor for a term of five years,
all of whom shall be residents of the City.
[1972 Code § 2-16B.3; Ord. No.
O-18-70]
Upon the expiration of the term of office of any Trustee, the
Mayor shall appoint a citizen for a term of five years. Vacancies
occurring in the Board shall be filled for the unexpired term only.
Terms of office of citizen appointments shall remain staggered so
that one term expires each year.
[1972 Code § 2-16B.4; Ord. No.
O-18-70]
The Board shall elect from its members a President, Treasurer
and Secretary, who shall hold their office for one year and until
their successor is elected and qualified.
[1972 Code § 2-16B.5; Ord. No.
O-18-70]
The following shall apply.
a.
The members shall make and execute under their hands and seals a
certificate setting forth their appointment and their organization
and the names of the officers elected, such certificate to be recorded
in the County Clerk's Office. They shall also cause to send to the
Secretary of State such certificate to be filed of record.
b.
The Board shall have all the powers enunciated in N.J.S.A. 40:54-12.
c.
The Treasurer of the Board shall give bond in an amount to be fixed
by the Mayor, payable to the City in its corporate name, conditioned
for the faithful performance and discharge of his duties. The Board
shall, by its Treasurer upon its warrant signed by the President,
receive from the City Treasurer the money raised therein for library
purposes as provided in N.J.S.A. 40:54-8.
d.
The Board shall annually make a report of its transactions, accounts
and state and condition of the library to the City.
[1972 Code § 2-16A.1; Ord. No.
O-18-70]
The City of Bayonne Environmental Commission is hereby established
pursuant to N.J.S.A. 40:56A-1 to 40:56A-6.
[1972 Code § 2-16A.2; Ord. No.
O-18-70]
The Commission shall consist of seven members appointed by the
Mayor, one of whom shall also be a member of the Planning Board and
all of whom shall be residents of the City. The members shall serve
without compensation. The Mayor shall annually designate one of the
members to serve as Chairman and Presiding Officer of the Commission.
Members shall be appointed for terms of three years and until the
appointment and qualification of their successors.
The Mayor or Municipal Council 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. A vacancy on the Commission occurring
otherwise than by expiration of a term shall be filled for the unexpired
term in the same manner as an original appointment.
The Mayor may appoint two alternate members, the alternate members
shall be designated at the time of appointment as "Alternate #1" and
"Alternate #2." The terms of the alternate members shall be for two
years. A vacancy occurring otherwise than by expiration of a term
shall be filled by the Mayor for the unexpired term only.
An alternate member shall not be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing, if it is
requested, be removed by the Mayor or the Municipal Council for cause.
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 #1
shall vote first.
[1972 Code § 2-16A.3; Ord. No.
O-18-70]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial mains of the City. The Commission shall have power
to conduct research into the use and possible use of the open land
areas of the City 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 Planning Board, plans and programs for inclusion in the Master
Plan and the development and use of such areas.
[1972 Code § 2-16A.4; Ord. No.
O-18-70]
The Commission may, subject to the approval of the Municipal
Council, acquire property, both real and personal, in the name of
the City, by gift, purchase, grant, bequest, devise 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 reversions),
as may be necessary to acquire, maintain, improve, protect, limit
the future use or otherwise conserve and properly utilize open spaces
and other lands and water areas in the City.
[1972 Code § 2-16A.5; Ord. No.
O-18-70]
The Commission shall keep records of its meetings and activities
and make an annual report to the Municipal Council.
[1972 Code § 2-16A.6; Ord. No.
O-18-70]
The Commission may appoint such clerks and other employees as
it may require, providing the same shall be within the limits of funds
appropriated to it by the Municipal Council in the Municipal Council's
discretion.
[1972 Code § 2-16A.7; Ord. No.
O-99-22.S1; Ord. No. O-18-70]
The Environmental Commission shall have the power to study and
make recommendations concerning open space preservation, water resource
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna.
[1972 Code § 2-20.1; Ord. No. O-18-70]
There is hereby established an insurance fund pursuant to N.J.S.A.
40A:10-6, for the following purposes:
a.
To insure against any loss or damage however caused to any property,
motor vehicles, equipment or apparatus owned by it, or owned by or
under the control of any of its Departments, Boards, Agencies or Commissions;
b.
To insure against liability resulting from the use or operation of
motor vehicles, equipment or apparatus owned by it, or owned by or
under the control of any of its Departments, Boards, Agencies or Commissions;
c.
To insure against liability for its negligence and that of its officers,
employees and servants, whether or not compensated or part-time, who
are authorized to perform any acts or services, but not including
an independent contractor within the limitations of the of the "New
Jersey Tort Claims Act" (N.J.S.A. 59:1-1, et seq.).
[1972 Code § 2-20.2; Ord. No. O-18-70]
There is hereby established pursuant to N.J.S.A. 40A:10-8, an
Insurance Fund Commission of three Commissioners to be appointed by
the Mayor who shall be Municipal Officials and may be members of the
Municipal Council and who shall serve for a term of two years or for
the remainder of their term of Office, whichever is less, and until
their successors shall have been duly appointed and qualified. The
members of the Commission shall serve without compensation.
[1972 Code § 2-20.3; Ord. No. O-18-70]
The Mayor shall appoint a person to serve as Secretary to the
Insurance Commission. The Secretary shall serve at the pleasure of
the Commission at a salary set by ordinance.
[1972 Code § 2-20.4; New; Ord.
No. O-18-70]
Pursuant to N.J.S.A. 40A:10-10, the Commissioners shall have
the following powers and authority.
a.
To employ necessary clerical assistants.
b.
To invest the Insurance Fund and all additions and accretions thereto
in such securities as are authorized by the Local Fiscal Affairs Law,
N.J.S.A. 40A:5-1, et seq., as they deem best suited for the purposes
of this section.
c.
To adopt rules and regulations for the control and investment of
the Insurance Fund.
d.
To keep on hand at all times sufficient money, or have the same invested
in such securities as can be immediately sold for cash, for the payment
of losses to any buildings or property of the local unit, or liability
resulting from the operation of publicly owned motor vehicles, equipment
or apparatus.
e.
To fix reasonable rates of premium for all insurance carried by the
Insurance Fund and to effect all insurance in the Insurance Fund or
with any insurance company or companies authorized to do business
in this State.
f.
Premiums for insurance, whether carried in the Insurance Fund or
placed with insurance companies, shall be paid to the Commission by
the Board, Commission, Department, Committee or Officer having charge
or control of the property insured.
g.
To place all insurance upon property owned or controlled by the City
or any of its Departments, Boards, Agencies or Commissions.
h.
To entrust the daily operations of the Insurance Fund to the Secretary
by regulation of the Commission and to require the submission of a
report to the Commissioners at least once a month.
i.
To be the depository for and have custody of all official surety
bonds furnished by or on account of any Officer or employee, except
their own bonds which shall be placed in the custody of the Treasurer;
of all insurance policies on or with respect to risks insured for
the benefit of the City to protect it against any claim, demand or
liability whatsoever.
j.
Worker's compensation matters shall be paid on an "as claims made"
basis through a fund designated the "Worker's Compensation Insurance
Reserve," which shall be administered by the Insurance Commission
for the City of Bayonne, subject to the following:
1.
The Insurance Commission shall fully administer payment of investigation
and litigation costs and of medical payments;
2.
The Insurance Commission shall administer payment of all permanent
injury payments;
3.
The Insurance Commission shall provide an accounting of all transactions
involving the Worker's Compensation Insurance Reserve on a monthly
basis to the Municipal Council;
4.
The Worker's Compensation Insurance Reserve is separate and distinct
from the Insurance Fund and the Insurance Commission's administration
of the Reserve may be revoked at any time by the Municipal Council.
[1]
Editor's Note: Former Section 2-25, the Parking Authority
of the City of Bayonne, containing portions of 1972 Code §§ 2-14.1
– 2-14.3 and Ordinance Nos. O-00-50, O-01-29 and O-04-17, was
dissolved by Ordinance No. O-11-38, adopted December 14, 2011.
[Ord. No. O-18-70]
There is hereby created under the terms of this section a public
utility for the purpose of managing its parking operations within
the City of Bayonne, County of Hudson and State of New Jersey.
[Ord. No. O-18-70]
The name by which the Utility shall be known is "The Bayonne
Parking Utility," and hereinafter the "Utility."
[Ord. No. O-18-70]
The Bayonne Parking Utility shall be operated in accordance
with statutes applicable thereto under the Local Budget Law, N.J.S.A.
40A:4-1 et seq. (40A:4-33 to 35 and 62) and the Local Bond Law, N.J.S.A.
40A:2-1 et seq. (40A:2-45 to 48) and the regulations promulgated by
the Local Finance Board in the Division of Local Government Services
in the Department of Community Affairs of the State of New Jersey.
The Director of Public Safety shall be directly responsible for the
day to day operations of the Parking Utility.
[Ord. No. O-18-70]
Upon dissolution of the Bayonne Parking Authority, The Bayonne
Parking Utility assumed all the obligations and receive all of the
revenues arising from all contracts and service charges to provide
parking services heretofore entered into or imposed by the Authority.
[Ord. No. O-11-39 § 3; Ord. No. O-18-70]
It shall be the function of the Utility to budget and account
for the parking operations undertaken by the City; to preserve, care
for, lay out, construct, maintain, improve and operate lands, buildings,
and facilities used for the provision of public parking and the enforcement
of the City's laws and regulations concerning parking; to construct,
reconstruct, alter, provide, renew and maintain buildings or other
structures and equipment and provide for the care, custody and control
thereof in the operation of the Utility; to raise money necessary
to pay for the lands, rights or interest therein acquired for parking
activities, and for improving and equipping the same; to pay or make
provision for the payment of the reasonable expenses in each fiscal
year of the Utility; to pay to those persons entitled thereto the
interest and principal on notes and bonds of the Utility, and to deposit
and accumulate reserve funds or reserves.
[Ord. No. O-18-70]
The Utility shall be governed by the applicable New Jersey Statutes
and applicable provisions of the New Jersey Administrative Code, City
ordinances and/or resolutions adopted by the City Council and by administrative
directives.
[Ord. No. O-18-70]
All costs and expenses, direct or indirect, attributable or
allocable to the operation of the Bayonne Parking Utility shall be
charged to it, including debt service on obligations issued or to
be issued on account of capital improvements heretofore or hereafter
made to the parking system or streets, roads, sidewalks and points
of ingress and egress within the City as part of the City's pedestrian
and vehicular transportation network.
[Ord. No. O-11-39 § 6; Ord. No. O-18-70]
The Utility may, from time to time, acquire such real property
as may be authorized by the City Council by duly adopted ordinances
according to the laws of the State of New Jersey.
[Ord. No. O-18-70]
The Mayor shall have the full authority to appoint and employ
all necessary employees for the Utility. Salaries of the employees
will be in accordance with classification and salary ordinances duly
adopted by the City Council. Portions of salaries of existing employees
may be pro-rated based on the amount of time spent on parking operations
compared to the employees' full time City responsibilities.
[Ord. No. O-18-70]
Consistent with N.J.S.A. 40A:2-45, the Utility shall be a self-liquidating
entity and shall have the authority to charge and collect monies for
the use of the utilities facilities whether they be user charges,
rental fees, or lease payments, and to use these monies to defray
the cost of acquisition of lands, buildings and facilities, rights
and interests therein, to equip the facilities, to pay the Utility's
current expenses and to pay the interest and principal on notes and
bonds all in accordance with such duly adopted ordinances and/or resolutions
of the City Council. The initial rates and fees shall be as currently
on file with the Parking Authority.
[1972 Code § 2-15.1; Ord. No. O-18-70]
There exist in the City unsanitary or unsafe dwelling accommodations,
and persons of low income are forced to reside in such unsanitary
or unsafe accommodations; and there is a shortage of safe or sanitary
dwelling accommodations available at rents which persons of low income
can afford. Such persons are forced to occupy overcrowded and congested
dwelling accommodations; and the aforesaid conditions cause an increase
in and spread of disease and crime and constitute a menace to the
health, safety, morals and welfare of the residents of the City and
impair economic values, and those conditions necessitate excessive
and disproportionate expenditures of public funds for crime prevention
and punishment, public health and safety, fire and accident protection,
and other public services and facilities. These areas in the City
cannot be cleared, nor can the shortage of safe and sanitary dwellings
for persons of low income be relieved through the operation of private
enterprise, and the construction of housing projects for persons of
low income (as defined in the Local Housing Authorities Law) would
therefore not be competitive with private enterprise. The clearance,
replanning and reconstruction of the areas in which unsanitary or
unsafe housing conditions exist and the providing of safe and sanitary
dwelling accommodations by any public body for persons of low income
are public uses and purposes for which public money may be spent and
private property acquired, and are governmental functions. It is in
the public interest that work on projects for such purposes be commenced
as soon as possible.
[1972 Code § 2-5.2; Ord. No. O-18-70]
Pursuant to N.J.S.A. 55:14A-4, the Housing Authority of the
City of Bayonne, heretofore created and established pursuant to law,
shall consist of seven members, five of whom shall be appointed by
the Mayor with the advice and consent of the Municipal Council and
one by the Mayor. The seventh member of the Housing Authority shall
be appointed by the Commissioner of the New Jersey Department of Community
Affairs. The Commissioners shall hold office for a term of five years
and until their respective successors are appointed and have qualified,
except that all vacancies shall be filled for the unexpired term.
[1972 Code § 2-15.3; Ord. No. O-18-70]
a.
The Housing Authority for the City of Bayonne shall purchase, clear,
replace and reconstruct areas in which unsanitary or unsafe housing
conditions exist and shall construct on such cleared property, safe
and sanitary dwelling accommodations for persons of low income.
b.
Acting as the Redevelopment Agency for slum clearance and urban redevelopment
in the City for the purpose of carrying out the provisions of Chapter
300, Laws of 1949, State of New Jersey, the Housing Authority shall
purchase and clear blighted areas and buildings and prepare such cleared
areas for redevelopment by private enterprise or by public agencies
and in conjunction therewith assist in the preparation of projects,
approve redevelopment plans and advance projects so as to provide
jobs and stimulate industry in the period of reconversion.
[Ord. No. O-18-70]
On August 14, 2013, pursuant to Ordinance No. O-13-22, the City
of Bayonne dissolved the former Redevelopment Agency known as the
Bayonne Local Redevelopment Authority and/or the Bayonne Local Redevelopment
Agency (hereinafter "BLRA").
[Ord. No. O-13-22; Ord. No. O-18-70]
On August 14, 2013, pursuant to Ordinance No. O-13-22, the City
designated itself as the "redevelopment entity" for the Redevelopment
Areas and assumed the responsibility of implementing the redevelopment
plans and carrying out the redevelopment projects set forth in the
aforesaid Redevelopment Agreements.
[Ord. No. O-18-70]
Pursuant to Ordinance No. O-13-22, upon the effective date of
said dissolution, all real and personal property, including but not
limited to, the BLRA property, facilities, contracts, leases and agreements,
including, but not limited to the Redevelopment Agreements, of the
Authority and all monies and funds held by or for the Authority were
transferred to and/or assumed by and became property of the City of
Bayonne and all officers of the BLRA were directed and authorized
to execute any documents or instruments necessary to transfer legal
title to all real property, personal property, facilities, contracts,
leases and agreements, including, but not limited to, Redevelopment
Agreements, and monies and funds to the City of Bayonne.
[Ord. No. O-18-70]
Pursuant to Ordinance No. O-13-22, the City assumed all legal
obligations to all existing and outstanding creditors and obligees
of the Authority, including the BLRA Recourse Debt (but not the Non-Recourse
Debt) subject to the specific terms and conditions of such obligations
and what is known as the Subsidy Agreement. As such, the BLRA Recourse
Debt became recourse debt of the City, payable by the City out of
the first funds becoming legally available to the City, but if not
otherwise available, then from the levy of ad valorem taxes upon all
the taxable real property located in the City all in accordance with
the Subsidy Agreement. The City, however, did NOT assume any payment
obligations of the Non-Recourse Debt; rather, the City replaced the
Authority as "Issuer" of such Non-Recourse Debt, subject to the rights,
responsibilities, obligations and limitations of "Issuer" under each
bond resolution, project note resolution, loan agreement, bond, note
or mortgage authorizing or evidencing such Non-Recourse Debt. The
Non-Recourse Debt shall be NON-RECOURSE to the City and shall remain
secured solely by the revenues, mortgages and other funds originally
pledged to the holders of such Non-Recourse Debt at the time of issuance
of such Non-Recourse Debt. THE CITY DOES NOT ASSUME THE RESPONSIBILITY
FOR OR PAYMENT OF THE NON-RECOURSE DEBT. THE NON-RECOURSE DEBT SHALL
REMAIN NON-RECOURSE TO THE CITY. THE CITY IS NOT NOW, NOR SHALL IT
BE AT ANY TIME IN THE FUTURE, OBLIGATED TO PAY THE PRINCIPAL OF OR
INTEREST DUE ON THE NON-RECOURSE DEBT, AND NEITHER THE FULL FAITH
AND CREDIT NOR THE TAXING POWER OF THE CITY IS NOW OR AT ANY TIME
IN THE FUTURE SHALL BE PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF
OR THE INTEREST DUE ON THE NON-RECOURSE DEBT. THE NON-RECOURSE DEBT
IS NOT AND SHALL NOT BE IN ANY WAY A DEBT OR LIABILITY OF THE CITY
AND DOES NOT AND SHALL NOT CREATE OR CONSTITUTE ANY INDEBTEDNESS,
LIABILITY OR OBLIGATION OF THE CITY, LEGAL, MORAL OR OTHERWISE.
[Ord. No. O-18-70]
Pursuant to Ordinance No. O-13-22, City became successor to
the Authority on all contracts, leases, agreements, including but
not limited to the Redevelopment Agreements, and other documents to
which the BLRA was a party with all of the rights and obligations
of the BLRA thereunder.
[Ord. No. O-18-70]
The dissolution of the Authority took effect on August 14, 2013
simultaneously with the final adoption of Ordinance No. O-13-22.
[Ord. No. O-18-70]
Pursuant to Ordinance No. O-13-22, the City assumed the real
and personal property, including but not limited to the BLRA property,
facilities, contracts, leases and agreements, including, but not limited
to the Redevelopment Agreements, of the BLRA, and the BLRA Recourse
Debt, subject to the same terms, conditions, rights, responsibilities,
obligations and limitations applicable to the BLRA, and such assumption
by the City did not create, express or imply, any additional, extended,
enhanced or modified obligation, liability, right or remedy of any
party to any such contracts, leases and agreements, including but
not limited to the Redevelopment Agreements, or holders of any BLRA
Recourse Debt.
[Ord. No. O-13-22; Ord. No. O-18-70]
[Ord. No. O-18-70]
The dissolution of the BLRA was approved by the Local Finance
Board in the Division of Local Government Services, Department of
Community Affairs of the State of New Jersey (the "Local Finance Board")
prior to final adoption in accordance with the requirements of N.J.S.A.
40A:5A-20 and Ordinance No. O-13-22 was filed with the Local Finance
Board and with the Secretary of State of the State of New Jersey,
in accordance with N.J.S.A. 40A:5A-20.
[New; Ord. No. O-18-70]
Because of the existing and increasing possibility of the occurrence
of disasters and emergencies of unprecedented size and destructiveness
resulting from enemy attack, sabotage or other hostile action, or
from fire, flood, earthquake or other natural causes, and in order
to insure the preparations of this City will be adequate to deal with
such disasters, and generally to provide for the common defense and
to protect the public peace, health and safety, and to preserve the
lives and property of the people of this City it is hereby found and
declared to be necessary:
a.
To create the Office of Emergency Management for the City.
b.
To create an Emergency Management Council.
c.
To provide for the rendering of mutual aid to other cities and municipalities
within the State of New Jersey.
|
It is further declared to be the purpose of this section and
the policy of the City, that all emergency management functions of
this City be coordinated to the maximum extent with the comparable
functions of the State government, including its various departments
and agencies, of other cities and localities, and of private agencies
of every type, to the end that the most effective preparation and
use may be made of this City's manpower, resources and facilities
for dealing with any disaster that may occur.
|
|
It is further declared to be the purpose of this section and
the policy of this City, to organize its emergency management organization
in conformity with N.J.S.A. App. A:9-40.1 et seq.
|
[New; Ord. No. O-09-28 § 1; Ord. No. O-18-70]
There shall be an Emergency Management Coordinator who shall
head the Office of Emergency Management.
[New; Ord. No. O-18-70]
The Emergency Management Coordinator shall appoint such Deputy
Coordinators of Emergency Management as are required in his judgment.
At least one such deputy shall be appointed from among the salaried
officers or employees of the City.
[New; Ord. No. O-09-28 § 1; Ord. No. O-18-70]
The Emergency Management Coordinator shall be responsible for
the planning, activating, coordinating, and the conduct of emergency
management operations within the City.
[New; Ord. No. O-09-28 § 1; Ord. No. O-18-70]
Whenever, in his opinion, a disaster has occurred or is imminent
in the City, the Emergency Management Coordinator shall proclaim a
State of local disaster emergency within the City. The Emergency Management
Coordinator, in accordance with regulations promulgated by the State
Director of Emergency Management, shall be empowered to issue and
enforce such orders as may be necessary to implement and carry out
emergency management operations and to protect the health, safety
and resources of the residents of the City.
[New; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
No representative of the City shall request aid in time of disaster
or emergency directly from noncontiguous municipalities nor shall
the City send personnel or equipment into a disaster-stricken municipality
unless and until such aid has been directed by the County Emergency
Management Coordinator or his Deputy. Specific exemptions from the
action of this section may be granted only by authority of the State
Director of Emergency Management Coordinator.
[New; Ord. No. O-09-28 § 1; Ord. No. O-18-70]
The Emergency Management Council shall 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 Coordinator shall
be a member and shall serve as Chairman of the Emergency Management
Council. The Emergency Management Council shall perform such duties
as required in accordance with N.J.S.A. Appendix A:9-41.6.
[Ord. No. O-18-70]
On December 31, 2016, pursuant to Ordinance No. O-16-48, the
City of Bayonne dissolved the former Bayonne Municipal Utilities Authority
(hereinafter "BMUA"), an entity which had been created by the City
of Bayonne in 1997 by Ordinance No. O-97-42.
[Ord. No. O-18-70]
Upon the effective date of the dissolution, December 31, 2016,
all real and personal property, facilities and contracts of the Authority,
and all monies and funds held by or for the Authority were deemed
transferred to and become the property of the City.
[Ord. No. O-18-70]
As noted above, as of the effective date of the dissolution
of the BMUA the City took ownership and control of all property, facilities
and contracts previously owned by, leased to or otherwise controlled
by the BMUA. The City, moreover, expressly assumed all contracts and
obligations of the BMUA in existence as of the date of dissolution
set forth herein, including, but not limited to, the rights and obligations
of the BMUA under the Bayonne Water and Wastewater Concession Agreement
("Concession Agreement"), dated December 20, 2012 between the Bayonne
Municipal Utilities Authority and Bayonne Water Joint Venture, LLC,
which agreement has a term of 40 years and provides for the day to
day operation, maintenance of and capital improvements to the water
and sewer systems and assets.
The City assumed the oversight, coordination and management
of said Concession Agreement and other obligations of the BMUA so
as to honor the commitments of the BMUA and assured through the City's
department and organizational structure that the services previously
provided, coordinated and overseen by the BMUA, which services are
necessary for the health, safety and welfare of the users of the system,
are protected and carried out.
[Ord. No. O-18-70]
The City, in accordance with N.J.S.A. 40A:2-1 et seq. and N.J.S.A.
40A:5A-20, upon the effective date of the dissolution of the BMUA
assumed all legal obligations to pay all existing and outstanding
creditors and obligees of the BMUA. The City assumed the Outstanding
Bonds of the Authority that remain unpaid as of the date dissolution
and shall, as long as the Outstanding Bonds remain outstanding, perform
all obligations of the BMUA under those outstanding Bonds or debts
including the option to issue City debt in an amount necessary to
defease (refund) any or all outstanding BMUA Debt. Simultaneous with
the dissolution of the BMUA the City adopted a bond ordinance providing
for the City to so adopt (assume payment of) all of the outstanding
bond obligations of the BMUA.
[Ord. No. O-06-06 § 1; Ord. No. O-18-70]
a.
Purpose. It is the intent of this section to regulate the development
and management of low- and moderate-income housing units for compliance
with the Fair Housing Act of 1985 (N.J.S. 52:27D-301 et seq.) and
the Housing Element of the Master Plan and Fair Share Plan of the
City of Bayonne.
b.
Establishment. In furtherance of this purpose, a Fair Housing Committee
is hereby established for the purpose of implementing the purpose
of this section. The Fair Housing Committee shall function in an advisory
role to the City Council in matters pertaining to the expenditure
of funds for the construction and rehabilitation of dwelling units
for low- and moderate-income housing. The Fair Housing Committee shall
also provide recommendations concerning the construction and rehabilitation
of low- and moderate-income housing to the Planning Board and Zoning
Board of Adjustment on applications for development, to the Bayonne
Local Redevelopment Authority on request for proposals for the redevelopment
of lands under their jurisdiction and other sundry powers and duties
as more fully described herein.
[Ord. No. O-06-06 § 2; Ord. No. O-09-28 § 2; Ord. No. O-18-70]
a.
The Fair Housing Committee shall consist of the following nine voting
members:
1.
The Mayor of the City of Bayonne, or designee.
2.
The President of the Municipal Council of the City of Bayonne, or
designee.
3.
A public member resident in the City of Bayonne with a demonstrated
interest in affordable housing, who shall be appointed by the Mayor.
4.
A Class IV member of the Planning Board.
5.
The Division of Community Development Division Head.
6.
The Executive Director of the Bayonne Housing Authority.
7.
The City Planner.
8.
The Executive Director of the Bayonne Local Redevelopment Authority.
9.
The Business Administrator/CFO.
b.
The term of the Mayor and President of Municipal Council shall be
his or her term of elected office. The term of the Head of Community
Development Division, the BA/CFO, City Planner, Executive Director
of the Bayonne Housing Authority and the Executive Director of the
Bayonne Local Redevelopment Authority shall be coequal with their
term of employment. The term for the Class IV member of the Planning
Board shall be for one year following the annual reorganization of
the Planning Board. The term of office for the public member shall
be for two years.
c.
The adoption of this section shall not be construed to affect the
term of any elected official or standing member of another board or
committee.
d.
Compensation. Members of the Fair Housing Committee shall serve without
compensation.
e.
Removal. Any public member may be removed by the Governing Body for
cause or absence but only after public hearing if requested by the
member and other due process proceedings. Any public member of the
FHC who has been absent without excuse for three successive regular
meetings may be removed from office by the Governing Body after notice.
f.
Vacancies. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled for the unexpired term, only.
g.
Conflict. No member of the Fair Housing Committee shall be permitted
to act on any matter in which he or she has either directly or indirectly
any personal or financial interest. No member who is so disqualified
may act on that particular matter, shall not continue to sit with
the Committee on the hearing of such matter, nor shall participate
in any discussion or decision.
h.
Reorganization. Yearly. The Fair Housing Committee shall organize
by selecting from among its voting members a Chairman (or Chairwoman)
and a Vice-Chairman (or Chairwoman). The FHC shall also select a Secretary
who may or may not be a member of the FHC, or a municipal employee.
i.
Funding. The Municipal Council may make provisions in its budget
and appropriate funds for the expenses of the Fair Housing Committee
upon submission by the FHC of an annual budget request to the Office
of the Mayor.
j.
Staff. The Office of the Mayor may employ or assign at the request
of the FHC such personnel or experts and other staff as the FHC deems
necessary, provided such obligations do not exceed the municipal budgetary
allocation available to the FHC for such use.
k.
Quorum. Attendance by five voting members shall constitute a quorum
for the purpose of transacting the business of the Fair Housing Committee.
[Ord. No. O-16-05; Ord. No. O-06-06 § 3; Ord. No. O-29-28 § 2; Ord. No. O-18-70]
a.
The Fair Housing Committee shall have the duty to ensure, through
its policies, actions and recommendations, that the City of Bayonne
shall implement and meet its:
b.
Bylaws. The Fair Housing Committee may establish bylaws for its policies,
recommendations and procedures, provided that such bylaws are consistent
with the Fair Housing Act of 1985 (N.J.S. 52:27D-301 et seq.) and
the Housing Element of the Master Plan of the City of Bayonne.
c.
Determination of Growth Share Percentage. The presumptive percentage
of on-site construction of low- and moderate-income housing shall
be set by the Growth Share Ordinance of the City of Bayonne.[1] The Fair Housing Committee may alter this percentage of
low- and moderate-income housing units to be constructed on-site in
order to effectuate the goals and objectives for economic development
within the City, to provide for municipal or nonprofit housing corporation
construction of low- and moderate-income housing, or to meet other
goals of the City for the provision of affordable housing.
1.
For residential development, the Fair Housing Committee may reduce
the required on-site growth share obligation to a minimum of 25% of
the total growth share, may require that the entire obligation be
construction on site, or some percentage in between these 2%. For
the purposes of this section, "residential development" shall mean
both a development that is entirely residential, or that includes
both residential and nonresidential uses. Within designated redevelopment
areas, the entire redevelopment area shall be considered when determining
whether it constitutes a residential development, excepting the Maritime
District of the Peninsula at Bayonne Harbor.
2.
For nonresidential development, the Fair Housing Committee may reduce
the required off-site growth share obligation to a lesser percentage,
including a reduction to no growth share obligation upon showing of
good cause or hardship.
d.
Ordinance Amendments. With the assistance of the Department of Law
and Community Development, prepare amendments and additions to regulations
pertaining to the provision of affordable housing, as it deems necessary
or appropriate to implement the purposes of the certified Housing
Element and Fair Share Plan.
e.
Use of Funds. Make recommendations to the Mayor and Municipal Council
regarding how municipal funds or contributions in lieu of construction
for affordable housing should be spent and propose priorities for
such expenditures.
f.
Marketing Plans. Review and approve all affirmative marketing plans
submitted for approval by developers of low- and moderate-income housing,
excepting the Bayonne Housing Authority.
g.
Sales and Rentals. Review with the assistance of the Division of
Community Development regulations pertaining to the sale, rental,
resale and rerenting of affordable housing units not under the jurisdiction
of the Bayonne Housing Authority.
[Ord. No. O-06-06 § 4; Ord. No. O-18-70]
Decisions on matters before the Fair Housing Committee shall
be by majority vote of those assembled, provided the assembly shall
be a quorum, except that any vote to reduce the on-site affordable
housing obligation to less than 50% of the total growth share obligation
and any reduction in the off-site total growth share obligation for
nonresidential development shall be by a two-thirds affirmative vote,
or at least three members, whichever is greater.
[Ord. No. O-06-06 § 5; Ord. No. O-18-70]
Every developer of low- and moderate-income housing units shall
submit to the Fair Housing Committee a description of the procedures
and methods to be used to insure that the required low- and moderate-income
units are sold or rented only to low- and moderate-income households
for a period in accordance with N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26,
as they may be amended or superseded, and the Affirmative Marketing
and Housing Affordability Controls Ordinance of the City of Bayonne.
[Ord. No. O-10-28; Ord. No. O-18-70]
It is incumbent that the public receive adequate services from
the various City boards, committees, commissions, authorities and
other agencies. Accordingly, the Municipal Council finds that members
of such boards should be encouraged to take their service seriously
by actively participating in the discharge of their functions, and
that the establishment of a mandatory attendance policy is in furtherance
of this goal and in keeping with the public good. Pursuant to the
authority granted by N.J.S.A. 40A:9-12.1, the Municipal Council hereby
establishes the attendance policy set forth in this section.
[Ord. No. O-10-28; Ord. No. O-18-70]
Any member of any municipal board, committee, commission, authority
or other agency, whose members are appointed by the Mayor, either
directly or with the consent of the Municipal Council or by the Municipal
Council, who, without being excused by a majority of the authorized
members of such body, fails to attend and participate at meetings
of such body for a period of six consecutive weeks, or for three consecutive
regular meetings, whichever shall be of longer duration, shall be
removed from his position upon notification by resolution of such
board, committee, commission, authority or other agency directed to
the appointing authority. Such removal shall be effective upon the
receipt of such resolution by the appointing authority.
[Ord. No. O-10-28; Ord. No. O-18-70]
Any such board, committee, commission, authority or other agency
may refuse to excuse a member only with respect to those failures
to attend and participate which are not due to legitimate illness.
[Ord. No. O-10-28; Ord. No. O-18-70]
If the appointment member who fails to attend such meetings as provided for in subsection 2-39.2 is also a member of the Municipal Council of the City, that member shall be subject to removal in the same manner as any other member, subject only to any statutory provision requiring that particular individual's membership on such body by virtue of his office.
[Ord. No. O-10-28; Ord. No. O-18-70]
All ordinances and parts of this revision, or other ordinances
which are inconsistent with the provisions of this section are hereby
repealed to the extent of such inconsistency.
[Added 8-16-2023 by Ord. No. O-23-37]
[Added 8-16-2023 by Ord. No. O-23-37]
There is hereby created and established in the City, and in
accordance with New Jersey statutes, a public utility for budgetary
purposes. The name by which this utility shall be known is the "City
of Bayonne Water and Wastewater Utility" (hereinafter, the "Utility").
For budgetary and accounting purposes, the Utility shall be a separate
entity.
[Added 8-16-2023 by Ord. No. O-23-37]
The Utility, which constitutes an agency of the City, exercising
public and essential governmental functions, shall have all the powers
necessary and convenient to carry out and effectuate the purpose and
the provisions of the New Jersey Statutes.
[Added 8-16-2023 by Ord. No. O-23-37]
It shall be the function of the Utility to budget and account
for certain of the costs and revenues of the System related to the
City Utility Debt and the oversight of the Concessionaire and the
Concession Agreement and to pay to those persons entitled thereto
the interest and principal on the City Utility Debt. The Utility shall
monitor the Concessionaire's responsibilities to preserve, care
for, lay out, construct, maintain, improve, and operate lands, buildings,
equipment, and facilities used for the provision of the System.
[Added 8-16-2023 by Ord. No. O-23-37]
The Utility shall be governed by and in accordance with the
laws of the State of New Jersey, the ordinances, the City Code, and
the resolutions adopted by the City, and administrative directives.
The City shall amend its ordinances to effectuate the establishment
of a Water and Wastewater utility.
[Added 8-16-2023 by Ord. No. O-23-37]
The financial affairs of the Utility shall be governed in accordance
with the statutes applying to the financial affairs of a municipality
and utilities in general.
[Added 8-16-2023 by Ord. No. O-23-37]
The Utility may, from time to time, acquire such real property
and/or equipment in the name of City as may be authorized by the City
Council in accordance with the laws of the State of New Jersey.
[Added 8-16-2023 by Ord. No. O-23-37]
The City shall have the full authority to appoint and employ
all necessary employees for the Utility. Salaries of the employees
will be in accordance with classification and salary ordinances duly
adopted by the City Council. Portions of salaries of existing employees
may be pro-rated based on the amount of time spent on System operations
compared to the employees' full time City responsibilities.
[Added 8-16-2023 by Ord. No. O-23-37]
The Utility shall have authority to charge and collect monies
consistent with the terms of the Concession Agreement and to use these
monies to pay the interest and principal on the City Utility Debt.
[Added 8-16-2023 by Ord. No. O-23-37]
The Utility shall be under the administration, operation and
control of the Director of Public Works and Parks subject to the Concession
Agreement.
