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Township of West Orange, NJ
Essex County
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Table of Contents
Table of Contents
[1972 Code §§ 2-3.6, 2-21; Ord. No. 692-83 § 1; Ord. No. 729-84 § 1; Ord. No. 1300-94 § 1; Ord. No. 1833-02; Ord. No. 1903-03; Ord. No. 1946-04 § II; Ord. No. 1952-04 § II; Ord. No. 2134-07 § II; Ord. No. 2383-13]
The following fees are hereby fixed and established for certain services extended and materials furnished by the Township. The Township shall permit inspection, examination, and copying of government records during regular business hours.
a. 
For the issuance of photocopies of ordinances, minutes, resolutions, and other government records embodied in the form of printed matter, except those listed below, the fees shall be:
1. 
$0.05 per letter size page or smaller; and
2. 
$0.07 per legal size page or larger;
However, if a copy of a police accident report is requested other than in person, an additional fee of $5 shall be charged to cover the administrative costs of the report.
Further, if the public records are delivered or mailed, there shall be an additional charge assessed depending upon the postage or delivery method utilized.
b. 
If it can be demonstrated, however, that the actual cost for duplicating the printed government record exceeds the foregoing rates, the Township may charge the actual cost associated with duplicating the record.
c. 
Similarly, if the nature, format, and manner of collation or volume of the government record embodied in the form of printed matter cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the Township may charge, in addition to the actual cost of duplicating the record, a special service charge that shall be reasonable and based upon the actual direct cost of providing the copies.
The following are copy costs associated with government records that are known to require special copying procedures and/or the expenditure of extraordinary time and effort.
1. 
Township Tax Map — $5 each.
2. 
Master Plan — $100 each.
3. 
Master Plan Re-Examination Report — $60 each.
4. 
Zoning Ordinance with Maps — $60.
5. 
Township Street Map — $3.50 each.
6. 
Zoning Map — $3.50 each.
7. 
Zoning Table — $3.50 each.
8. 
Street Map/Zoning Map/Zoning Table Set — $10 each set.
9. 
Housing Element Plan (COAH) — $50 each.
10. 
Historic Preservation Survey-three volumes — $75.
11. 
Certificate of Appropriateness for Historic Preservation — $75.
12. 
Certified Birth Certificate — $10 per copy.
13. 
Noncertified Birth Certificate — $10 per copy.
14. 
Certified Death Certificate — $10 per copy.
15. 
Noncertified Death Certificate — $10 per copy.
16. 
Certified Marriage Certificate — $10 per copy.
17. 
Noncertified Marriage Certificate — $10 per copy.
18. 
Certified Domestic Partnership Certificate — $10 per copy.
19. 
Noncertified Domestic Partnership Certificate — $10 per copy.
20. 
Vital Record Connection — $5 per correction.
There shall be no charge for any certificate that is required by a Federal Agency for use in determining the eligibility of a person to participate in benefits made available by said Federal Agency, and provided further that there shall be no charge for any certificate required by any agency of the State of New Jersey.
21. 
Viewing and/or listing to and/or copying police related audio and/or video recordings, 911 calls, telephone calls, radio transmissions — $50 per hour or any part thereof plus the cost of any audio cassette and/or video tape. Copies requested by a criminal justice agency will be provided free of charge.
22. 
Copying of any non-police related videotapes or CD-Roms — $20 per recording.
23. 
Photographs — $7 per photograph.
24. 
Affidavit of Redemption — $25 per copy.
25. 
Copy of file that permits online access to Tax Collector's data base — $1,200 per year.
26. 
Duplicate bill — $2 per copy.
d. 
The Township shall provide a government record in the medium requested if the Township maintains the record in that medium. If the Township does not maintain the record in that medium, the Township must either convert the record to the medium requested or provide a copy in some other meaningful medium.
If a request for a government record is (i) in a medium not routinely used by the Township or (ii) not routinely developed or maintained by the Township or (iii) requiring a substantial amount of manipulation or programming of information technology, the agency may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable, based on the cost of the use of information technology and the labor cost for providing the services.
[Ord. No. 1833-02]
a. 
Fingerprint cards — $10 per card.
b. 
Criminal history search — $10 per search.
c. 
Mental health form — $10 per form.
d. 
Permit to purchase a handgun — $5 per permit.
e. 
Firearms ID card — $5 per ID card.
The Police Department shall issue a receipt for all fees and moneys received for the services extended or materials furnished as hereinabove provided and shall cause to be delivered to the central cashier within a reasonable time, the moneys and fees received.
[1]
Editor's Note: Former Subsection 2-66.2, Fees Charged by the Office of Vital Statistics, previously codified herein and containing portions of 1972 Code § 6-17 and Ordinance No. 730-84 and 1296-94 was deleted by Ordinance No. 1833-02. For vital statistics fees see Subsection 2-66.1.
[1]
Editor's Note: Former Subsection 2-66.3, Fees for Services and Materials from the Department of Police, containing Subsections 2-9.12 and 2-9.13 of the 1972 Code and portions of Ordinance Nos. 596-80, 1065-91, 1354-95, 1490-98 and 1734-00 was repealed by Ordinance No. 1833-02. Former Subsection 2-66.4, Fees for Services and Materials from the Fire Department, containing Subsection 2-10.10 of the 1972 Code was repealed by Ordinance No. 1833-02.
[Ord. No. 1484-97 §§ 1, 2]
a. 
Public Defender Application Fee; Waiver.
1. 
Any person making application to the Municipal Court for representation by the Municipal Public Defender shall pay to the Township of West Orange an application fee of not more than $200. The Municipal Court may permit the application fee to be paid over a specific period of time which may not exceed four months.
2. 
The Municipal Court may waive all or part of the application fee but only if the Court determines that the applicant has demonstrated by clear and convincing proof that payment of the application fee would represent an unreasonable financial burden on the applicant.
b. 
Designation of Fees Collected; Annual Audit.
1. 
All application fees collected shall be turned over to the Township's Chief Financial Officer and deposited in a dedicated fund which is to be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender including, if needed, expert and lay investigation and testimony.
2. 
Commencing January 1, 1999, if the New Jersey Division of Local Government Services, during its annual review of the Township's Municipal Operating Budget, determines that the amount of money in the dedicated fund established by Subsection b1 above exceeds by more than 25% the amount which the Township expended during the prior year providing the services of the Municipal Public Defender the amount in excess of the amount expended shall be forwarded by the Township to the Criminal Disposition and Review Collection Fund administered by the Victims of Crime Compensation Board.
[1972 Code § 2-20.1]
a. 
The budget shall be prepared by the Mayor with the assistance of the Business Administrator. During the month of November the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the Mayor or the Business Administrator at public meetings which shall be held during that month on the various requests. On or before the 15th of January, the Mayor shall submit to Council his recommended budget together with such explanatory comment or statement as he or she may deem desirable.
b. 
The Business Administrator, with the assistance of the Comptroller, shall prepare all estimates of nonproperty tax revenues anticipated for the support of each annual budget.
c. 
The budget documents shall be prepared in such form as is required by law for Municipal budgets and in accordance with the Charter. There shall be appended to the budget a detailed analysis of all items of expenditure and revenue. Such analysis shall include a comparison of the total number of positions of each class and grade to be authorized by the budget with the actual number thereof employed at the beginning and ending of the preceding budget period. So far as practicable, such analysis shall include appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating and capital expenditures.
[1972 Code § 2-20.2]
a. 
The Business Administrator shall supervise the administration of each annual budget. In consultation with department heads the Business Administrator shall establish quarterly or such other periodic allotments of appropriations not less than quarterly as he or she may deem necessary. Each Department shall plan and administer its expenditure program within the limits of such allotments.
b. 
If at any time during the budget year the Business Administrator shall ascertain that the Township government is faced with the probability of incurring a cash deficit for the current year, the Business Administrator shall reconsider the work programs and allotments of the several Departments. Upon such reconsideration and with the approval of the Mayor, he or she may revise the budget allotments so as to forestall, so far as possible, the making of commitments and expenditures in excess of the revenues to be realized during the fiscal year. He shall file with the Comptroller a copy of such revised allotments, and the Comptroller shall control all expenditures within the limits thereof.
[1972 Code § 2-20.3; New; Ord. No. 1780-01 § I]
a. 
All purchases of any supplies, materials, equipment or contractual services for the Township's account shall be made by the Division of Purchase, pursuant to a written requisition from the head of the department whose appropriation will be charged and upon the certification of the Comptroller that a sufficient unencumbered balance of appropriation is available for payment therefor.
b. 
The Purchasing Agent may award a contract for the purchase at the lowest possible price for work, materials, supplies or services, the aggregate value of which does not exceed in a contract year, the total sum of $17,500 or any adjusted effective bid threshold set forth or determined pursuant to N.J.S.A. 40A:11-3(a).
c. 
If the Purchasing Agent is qualified pursuant to the criteria established by the Director of the Division of Local Government Services pursuant to N.J.S.A. 40A:11-9, then the Purchasing Agent may award a contract for the purchase at the lowest price for work, materials, supplies or services which in the aggregate does not exceed in a contract year the total sum of $25,000 or any adjusted effective bid threshold set forth pursuant to N.J.S.A. 40A:11-3(a).
d. 
When necessary to determine that the aggregate value of such work, materials, supplies or services does not exceed the said bid threshold amount, to determine the lowest possible price, and when otherwise required by N.J.S.A. 40A:11-1 et seq., the Purchasing Agent shall obtain informal price quotes.
e. 
Upon receipt of notification from the Mayor or Business Administrator that an emergency situation exists affecting the public health, safety or welfare within the Township, the Purchasing Agent shall purchase essential work, materials, supplies or services in compliance with the provisions of the Local Public Contracts Law.
[1972 Code § 2-20.4]
Where contracts are let to public competitive bidding, the Council may upon recommendation of the Business Administrator and the Purchasing Agent with respect to all contracts other than public works contracts and upon recommendation of the Director of Public Works with respect to public works contracts, let the contract in the manner prescribed by law. The Mayor shall execute and sign contracts let and authorized pursuant to the charter and ordinances.
[1972 Code § 2-20.5]
The Business Administrator or the Purchasing Agent shall establish and approve uniform standards for requisitions and purchases. The Division of Administration shall control the delivery of all supplies, materials, equipment and other items purchased and shall make or cause to be made, proper test checks and inspections. The Division shall ascertain whether the supplies, materials, equipment and other items purchased comply with the specifications, and shall cause laboratory or other tests to be made whenever, in the opinion of the Division Head, it is necessary to determine whether the materials or supplies furnished are of the quality and standard required.
[1972 Code § 2-20.6]
a. 
Each Department shall, upon request of the Business Administrator or the Purchasing Agent, submit a complete statement of the materials, supplies and equipment and work and labor under contract, which will be required by the Department during the ensuing year, half-year or quarter-year as the Business Administrator or the Purchasing Agent may determine, according to the best estimate of the Department Head. Such statement shall be in such form and detail as the Administrator or the Purchasing Agent may require.
b. 
Purchases shall be made upon requisition of a Department Head to the Purchasing Agent, under such procedures and in such form as the Business Administrator or the Purchasing Agent may prescribe or approve. Except as the Business Administrator may authorize in case of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by or pursuant to the Code have been followed.
[1972 Code § 2-20.7; New]
a. 
Bills, claims and demands against the Township shall be paid only after submission to and approval by the Council as provided in Subsection b hereof. A voucher on a form prescribed by the Comptroller shall be presented for each bill, claim or demand, and shall be paid only upon the audit, warrant and approval of the Comptroller. Disbursements shall be made by a combination warrant-bank check or draft warranted by the Comptroller or Assistant Comptroller, signed by the Business Administrator and countersigned by the Collector-Treasurer or Assistant Collector-Treasurer, except that payroll checks may be signed by the Collector-Treasurer or Assistant Collector-Treasurer alone upon voucher and warrant of the Comptroller for a total payroll.
b. 
The Comptroller shall prepare for each regular meeting of the Council a list of all bills, claims and vouchers which he recommended for payment. The Council may approve any or all of such items by resolution, and upon such approval the Comptroller shall issue his or her warrant for each item approved and shall prepare a list thereof for the Collector-Treasurer. Such list shall be prepared in sufficient quantity for each member of Council, the Mayor and the Business Administrator, and at least one copy shall be filed with the Clerk as a public record open to examination in his or her office.
[Ord. No. 1180-93 § 1]
a. 
Negotiated Contracts. Unless otherwise precluded by law, all contract proposals, extensions or changes in amount submitted by individuals and/or business entities seeking to provide goods or to perform services for the Township after the effective date of this section shall contain a statement setting forth all political contributions in cash or in kind of $200 or more made within five years of the date of acceptance of the proposal, either directly or indirectly, by the individuals or any of the principals of the business entity or the business entity itself, to any elected official of the Township currently in office or any political organization affiliated with an elected official of the Township currently in office.
b. 
Bid Contracts. Unless otherwise precluded by law whenever the contract extension or changes in amount is awarded by competitive bidding pursuant to the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), the successful bidder shall be required, within seven days of receipt of notice of the award of the contract, to file with the Division of Purchase, and the Township Clerk a written statement setting forth all political contributions in cash or in kind of $200 or more made within five years of the date of the notice of award, either directly or indirectly, by the bidder, and/or any of its principal officers, to any elected official of the Township currently in office or any political organization affiliated with an elected official of the Township currently in office. All bid proposals shall contain a written statement by the bidder that the bidder is aware of this disclosure requirement and agrees to be bound by its terms.
[1972 Code § 2-23.1; Ord. No. 520-79 § 1]
No insurance company authorized to issue fire insurance policies in the Township of West Orange shall pay to a claimant any claim in excess of $2,500 for fire damages on any real property located within the Township until such time as all taxes, assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company.
[1972 Code § 2-23.2; Ord. No. 520-79 § 2]
In lieu of the requirements imposed by Subsection 2-69.1, the Township Council may enter into agreement with the owner of any fire damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to N.J.S.A. 54:5-65 to 54:5-76, if the Township Council is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurance company receiving a certified copy of a Resolution of Agreement from the Township Council is authorized to make full payment on the claim to the insured person.
[1972 Code § 2-23.3; Ord. No. 520-79 § 3]
Unless a resolution is received in accordance with the provisions of Subsection 2-69.2, an insurance company writing fire insurance policies in the Township is authorized and required, prior to the payment of any claims for fire damages in excess of $2,500 to pay to the Township of West Orange the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such monies and all interest accruing thereon at a rate paid on interest bearing accounts in banking institutions or savings and loan associations in New Jersey shall be disbursed in accordance with the final order or judgment of the Court.
[1972 Code § 2-23.4; Ord. No. 520-79 § 4]
The provisions of this section shall apply to fire insurance policies issued or renewed after the adoption of this section by the Township Council.
[1]
Editor's Note: For additional licensing provisions, see Chapter 5, General Licensing; Chapter 12, Health Regulations; Chapter XIII, Building; Chapter 14, Housing; Chapter 16, Swimming Pools; Chapter 17, Solid Waste Management; and Chapter 27, Land Use Procedures.
[Ord. No. 1192-93 § 1]
N.J.S.A. 40:52-1.2 provides that the governing body of any municipality may, as a condition for the issuance, renewal or re-issuance of any license or permit issued by, or requiring the approval of the municipality, require that the applicant, if he/she is the owner thereof, pay any delinquent property taxes or assessments on the property wherein the business or activity is to be conducted.
N.J.S.A. 40:52-1.2 also provides that the governing body of any municipality may revoke or suspend a license or permit issued by or requiring the approval of the municipality when any licensee, who is the owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters.
[Ord. No. 1192-93 § 2]
As used in this section:
LICENSEE
Shall mean any person who is the holder of any license that is the subject of this section.
OWNER
Shall mean any person or licensee within the meaning of this section including one who in fact has an identity of interest with the person or licensee notwithstanding that on its face the name of the owner may be different from the name of the person or licensee.
PERSON
As used in this section shall include any individual, partnership, corporation, unincorporated association, charitable corporation and the like.
[Ord. No. 1192-93 § 3]
Any person who requests the issuance, re-issuance or renewal of any license or permit issued by, or requiring the approval of, the Township Council, or of any agency or Department of the Township which issues permits, shall be required to pay any delinquent property tax or assessment, if he/she is the owner of the property where the business or activity is being conducted.
[Ord. No. 1192-93 § 4]
Any license or permit issued by the Township or any agency or Department of the Township may be revoked or suspended by the Township Council or the agency or Department, after a hearing, when any licensee who is the owner of the property upon which the licensed business or activity is conducted has failed to pay the property taxes or assessment due on the property for at least three consecutive quarters; provided, however, that upon payment of the delinquent property taxes or assessment the license or permit shall be restored.
[Ord. No. 1192-93 § 5]
The provisions of this section shall not apply to or include any alcoholic beverages license or permit issued pursuant to the Alcoholic Beverage Control Act (N.J.S.A. 33:1-1 et seq.).
[Ord. No. 1230-93 § 1]
As used in this section:
CONDOMINIUM
Shall mean the form of real property ownership provided for under the "Condominium Act," P.L. 1969, c.257 (C.46:8B-1 et seq.).
COOPERATIVE
Shall mean a housing corporation or association wherein the holder of a share or membership interest in the corporation or association is entitled to possess and occupy, for dwelling purposes, a house, apartment, or other unit of housing owned by the corporation or association, or to purchase a unit of housing constructed or erected by the corporation or association.
FEE SIMPLE COMMUNITY
Shall mean a private community which consists of individually owned lots or units and provides for common or shared elements or interests in real property.
HORIZONTAL PROPERTY REGIME
Shall mean the form of real property ownership provided for under the "Horizontal Property Act," P.L. 1963, c.168 (C46:8A-1 et seq.).
QUALIFIED PRIVATE COMMUNITY
Shall mean a residential condominium, cooperative, fee simple community, or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association, or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community.
[Ord. No. 1230-93 § 2]
As hereinafter provided the Township of West Orange shall reimburse a qualified private community located within the Township for its cost of providing electricity for the lighting of roads and streets within the qualified private community or, in the alternative, shall provide that electricity within a qualified private community in the same manner as the Township provides electricity for the lighting or public road and streets. In no event shall such services by the Township include the cost of installation or maintenance of lamps, standards, wiring or other equipment.
[Ord. No. 1230-93 § 3]
a. 
If a qualified private community wishes to be reimbursed for the cost of electricity required to light its roads and streets it must enter into a written reimbursement agreement with the Township of West Orange in a form prepared by the Township Attorney's office.
b. 
All requests to enter into a written reimbursement agreement must be made in writing to the Business Administrator on a form provided by the Township.
c. 
A written reimbursement agreement shall be prepared and properly executed by the Mayor on behalf of the Township and by the duly authorized representatives of the qualified private community no later than 30 days from the date the Township receives a written request to enter into a reimbursement agreement.
[Ord. No. 1230-93 § 4]
a. 
Reimbursement of a qualified private community for its cost of providing electricity for the lighting of roads and streets shall be at the rate of 100% of the total cost.
b. 
The total cost shall be computed as the actual cost to the qualified private community of providing electricity for the lighting of its streets and roadways but shall not exceed the cost which the Township would have incurred had it directly provided electricity for that purpose to the qualified private community.
c. 
A yearly audit and analysis of the total cost, as defined in Subsection b above, shall be conducted for the Township by the Chief Financial Officer and the Director of Engineering and Public Works and the qualified private community shall provide to the Township any and all records it deems relevant to its inquiry.
[Ord. No. 1230-93 § 5]
a. 
The Township shall provide funding for the provisions of this section in its yearly operating budget.
b. 
All payments to a qualified private community pursuant to a reimbursement agreement shall be made as set forth in the written reimbursement agreement executed with the Township.
[Ord. No. 1384-96 § 1]
As used in this section:
CONDOMINIUM
Shall mean the form of real property ownership provided for under the "Condominium Act," P.L. 1969, c.257 (C.46:8B-1 et seq.).
COOPERATIVE
Shall mean a housing corporation or association wherein the holder of a share or membership interest in the corporation or association is entitled to possess and occupy, for dwelling purposes, a house, apartment, or other unit of housing owned by the corporation or association, or to purchase a unit of housing constructed or erected by the corporation or association.
FEE SIMPLE COMMUNITY
Shall mean a private community which consists of individually owned lots or units and provides for common or shared elements or interests in real property.
HORIZONTAL PROPERTY REGIME
Shall mean the form of real property ownership provided for under the "Horizontal Property Act," P.L. 1963, C.168 (C.46:8A-1 et seq.).
QUALIFIED PRIVATE COMMUNITY
Shall mean a residential condominium, cooperative, fee simple community, or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association, or council of coowners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community.
[Ord. No. 1384-96 § 2]
As hereinafter provided the Township shall reimburse a qualified private community located within the Township for its yearly cost of renting fire hydrants from New Jersey American Water Company or, in the alternative, shall provide fire hydrants within a qualified private community in the same manner as the Township provides fire hydrants on public roads and streets.
[Ord. No. 1384-96 § 3]
a. 
If a qualified private community wishes to be reimbursed for the yearly cost of renting fire hydrants as set forth herein it must enter into a written reimbursement agreement with the Township in a form prepared by the Township Attorney's office.
b. 
All requests to enter into a written reimbursement agreement must be made in writing to the Business Administrator on a form provided by the Township.
c. 
A written reimbursement agreement shall be prepared and properly executed by the Mayor on behalf of the Township and by the duly authorized representatives of the qualified private community no later than 30 days from the date the Township receives a written request to enter into a reimbursement agreement.
[Ord. No. 1384-96 § 4]
a. 
Reimbursement of a qualified private community for its yearly cost of renting fire hydrants shall be at the rate of 100% of the total cost for each year.
b. 
The total cost shall be computed as the actual cost to the qualified private community of renting fire hydrants yearly from New Jersey American Water Company but shall not exceed the cost which the Township would have incurred had it rented fire hydrants from New Jersey American Water Company.
c. 
A yearly audit and analysis of the total cost, as defined in Subsection b above, shall be conducted for the Township by the Chief Financial Officer and the Director of Engineering and Public Works and the Fire Chief. The qualified private community shall provide to the Township any and all records it deems relevant to its inquiry.
[Ord. No. 1384-96 § 5]
a. 
Any reimbursement under this section is contingent upon monies for this program being appropriated in each yearly operating budget of the Township.
b. 
All payments to a qualified private community pursuant to a reimbursement agreement shall be made as set forth in the written reimbursement agreement executed with the Township.
[Ord. No. 1421-96 § 1]
As used in this section:
CONDOMINIUM
Shall mean the form of real property ownership provided for under the "Condominium Act," P.L. 1969, c.257 (C.46:3B-1 et seq.).
COOPERATIVE
Shall mean a housing corporation or association wherein the holder of a share or membership interest in the corporation or association is entitled to possess and occupy, for dwelling purposes, a house, apartment, or other unit of housing owned by the corporation or association, or to purchase a unit of housing constructed or erected by the corporation or association.
FEE SIMPLE COMMUNITY
Shall mean a private community which consists of individually owned lots or units and provides for common or shared elements or interests in real property.
HORIZONTAL PROPERTY REGIME
Shall mean the form of real property ownership provided for under the "Horizontal Property Act," P.L. 1963, C.168 (C.46:8A-1 et seq.).
QUALIFIED PRIVATE COMMUNITY
Shall mean a residential condominium, cooperative, fee simple community, or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association, or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community.
[Ord. No. 1421-96 § 2]
As hereafter provided, the Township of West Orange shall reimburse a qualified private community located within the Township for its cost of removing snow, ice and other obstructions from roads and streets within the qualified private community or, in the alternative, shall undertake the removal of snow, ice and other obstructions from the roads and streets within a qualified private community in the same manner as the Township provides such removal from public roads and streets. The decision to remove or reimburse shall be at the option of the Township.
[Ord. No. 1421-96 § 3]
a. 
If a qualified private community wishes to be reimbursed for the cost of removing snow, ice and other obstructions from its roads and streets it must enter into a written reimbursement agreement with the Township of West Orange in a form prepared by the Township Attorney's office.
b. 
All requests to enter into a written reimbursement agreement must be made in writing to the Business Administrator on a form provided by the Township.
c. 
A written reimbursement agreement shall be prepared and properly executed by the Mayor on behalf of the Township and by the duly authorized representatives of the qualified private community no later than 30 days from the date the Township receives a written request to enter into a reimbursement agreement.
[Ord. No. 1421-96 § 4]
a. 
Reimbursement of a qualified private community for its cost of removing snow, ice and other obstructions from its roads and streets shall be at the rate of 100% of the total cost for each year beginning in 1995.
b. 
The total cost shall be computed as the actual cost to the qualified private community of removing snow, ice and other obstructions from its streets and roadways but shall not exceed the cost which the Township would have incurred had it directly removed snow, ice and other obstructions from the streets and roadways.
c. 
A yearly audit and analysis of the total cost, as defined in Subsection b above, shall be conducted for the Township by the Chief Financial Officer and the Director of Engineering and Public Works and the qualified private community shall provide to the Township any and all records it deems relevant to its inquiry.
[Ord. No. 1421-96 § 5]
a. 
The Township shall provide funding for the provisions of this section in its yearly operating budget.
b. 
All payments to a qualified private community pursuant to a reimbursement agreement shall be made as set forth in the written reimbursement agreement executed with the Township.
[Ord. No. 1413-96 § 1]
As used in this section:
PUBLIC PROPERTY AND BUILDINGS
Shall mean all lands, real property, buildings and structures owned by the Township including but not limited to recreational lands and buildings, parks, administrative office buildings, Township Hall, law enforcement facilities and the like.
[Ord. No. 1413-96 § 2]
No public property or building shall be named in honor of or dedicated to any person, place, thing or event unless such action has first received the written approval of the Mayor and a resolution of approval adopted by a majority of the Township Council.
[Ord. No. 1537-98 § I]
The purpose of this section is to insure that any professional providing services to the Township shall have professional malpractice insurance coverage to indemnify the Township in the event that the Township suffers a loss or other damage due to the professional's conduct or lack thereof.
[Ord. No. 1537-98 § II]
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning indicated below:
PROFESSIONAL
Shall mean any professional, by training, experience or otherwise, who shall be retained by the Township for the purposes of providing services.
[Ord. No. 1537-98 § III]
Any professional engaged by the Township of West Orange shall produce proof of professional malpractice coverage prior to providing services on behalf of the Township, upon the earlier of 10 days of his, her or its retention of providing services to the Township.
[Ord. No. 1537-98 § IV]
The Township Clerk shall cause a notice of the provisions of this section to be sent to all professionals currently engaged by the Township within 30 days from the date this section becomes effective.
It shall be the obligation of the professional doing business with the Township to provide proof of renewed or continued insurance coverage on a periodic basis so as to insure that there is no lapse in insurance coverage.
[Ord. No. 1537-98 § V]
The Township Business Administrator and/or the Township Attorney shall review such insurance coverage for its sufficiency and adequacy. In the event that proof of coverage is not timely provided, renewed or deemed adequate, the Township Attorney shall direct the professional to cease all work until proof of the coverage is provided. The Township Attorney's insurance coverage shall be submitted to the Mayor and Township Council for review as to adequacy and sufficiency.
[Ord. No. 1575-98 § I]
The Township of West Orange has established a Safe Housing Task Force whose goal, among others, is to ensure the quality of life for all residents and strict compliance with Chapter 25 which prohibits illegal uses and multi-family occupancy in single family homes.
[Ord. No. 1575-98 § II]
Whenever the following terms are used in this section, they shall have the meanings respectively ascribed to them by this section as follows:
SAFE HOUSING REWARD FUND
Shall mean funds shall be available to provide a monetary award of $100 to any person who provides information which leads to a finding of guilty concerning violations of Chapter 25 and/or the provisions of this section.
[Ord. No. 1575-98 § III]
In addition to all other fines and sanctions which may be issued, the Court shall assess a monetary penalty of $100 which shall be dedicated to the Safe Housing Reward Fund. This fund shall be maintained by the Chief Financial Officer or Comptroller of the Township of West Orange.
[Ord. No. 1575-98 § IV]
After entry of a finding of guilt and collection of the Safe Housing Reward Penalty, the person who first provided the information which led to the issuance of the summons shall be entitled to collect a $100 monetary reward upon presentation and approval by the Director of the Department of Planning and Development. The Director shall establish a system to implement this fund in a manner to cause the maximum assistance of the public in an effort to safeguard the quality of life in all neighborhoods. No reward will be due or paid to any Municipal employee, Board of Education employee or member of his or her immediate family under this program.
[Ord. No. 1862-02 § III]
Persons entitled to $100 under the Safe Housing Reward Fund, shall have one year from the date of collection to make application to the Director of the Department of Planning and Development after the collection of the Safe Housing Reward Penalty.
[Ord. No. 1862-02 §§ I, II]
a. 
The Township of West Orange Safe Housing Task Force by the Township of West Orange Safe Housing Reward Fund has accumulated various monies as a result of fines and penalties imposed upon violators of Chapter 25. While certain funds have been claimed by citizens responsible for the prosecution and conviction of violators, much of the funds have been collected as a result of the vigilant efforts of Township employees and anonymous tips.
b. 
Funds in the Safe Housing Reward Fund not claimed within one year of collection of the mandatory monetary penalties may be reallocated, upon approval by the Business Administrator, for enforcement of the provisions of Chapter 25, provided that the balance in the account does not fall below $1,000.
[Ord. No. 1663-99 § 1]
The Township Council, with the assistance of the Township Attorney and Municipal Insurance Fund Commission, as appropriate, shall from time to time adopt a form or forms specifying information to be contained in claims filed against the Township of West Orange or its employee under the New Jersey Tort Claims Act, and as permitted by N.J.S.A. 59:8-6, and copies of such forms shall be available for use by potential litigants and their counsel through the Township Business Administrator's Office.
[Ord. No. 1710-00]
a. 
A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward members of the West Orange Volunteer First Aid Squad, Inc., for their loyal, diligent and devoted services to the residents of the Township of West Orange.
b. 
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Township Council of the Township of West Orange pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this Ordinance.
c. 
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
1. 
The LOSAP shall be an hourly model with points earned on a per hour of activity basis for each active member;
2. 
Vesting of points shall occur at the completion of five years of active service;
3. 
The maximum allowable benefit in any year is $1,150 (subject to annual cost of living increased in accordance with and as permitted by the enabling legislation);
4. 
The amount of award shall be determined as follows:
(a) 
500 points = 50% of maximum allowable benefits.
(b) 
1,000 points = 75% of maximum allowable benefits.
(c) 
1,500 points = 100% of maximum allowable benefits.
d. 
The estimated cost of the program has been calculated as follows:
1. 
For regular annual service: $35,000,000 per year.
e. 
Each active volunteer member shall be credited with points for volunteer services provided to the West Orange Volunteer First Aid Squad, Inc., in accordance with the following schedule:
West Orange Volunteer First Aid Squad, Inc. Point System
I.
Assigned Tour
a. Two points per riding hour
b. All partial hours shall be rounded down to the nearest quarter hour
c. Maximum of 600 hours or 1,200 points
II.
Unassigned Tour
a. One point per riding hour
b. All partial hours shall be rounded down to the nearest quarter hour
c. Members shall only sign in with permission of the on-duty Tour Chief
d. Tour Chiefs shall be held accountable for demonstrating need for extra personnel
III.
Administrative Hours
a. One point per each administrative hour performed
b. Administrative time includes training, regular business meetings and drill time
c. Administrative hours must be documented for credit to be received
d. Members who function exclusively in administrative capacities will be entitled to two points per hour to a maximum of 600 hours or 1,200 points after which, they will receive one point for each documented hour.
IV.
a. Pager Responses.
b. Two points per pager response.
c. Member must have physically responded to the call to receive credit.
d. Excluding an MCI, or other extenuating circumstance as determined by the Captain, no more than three members shall receive credit for a particular call.
V.
Overnight Coverage.
a. One bonus point per hour of overnight coverage.
b. Overnight coverage shall be from the hours of 11:00 p.m. to 7:00 a.m.
c. No more than five bonus points may be earned for any particular shift.
VI.
Administrative Bonuses.
a. The Captain, or his designee, may award administrative bonus points for exceptional service, completion of special projects, acts of heroism, and the like.
b. No more than 20 administrative bonus points may be awarded to any active member for any single bonus.
c. No more than 100 administrative bonus points may be awarded to any active member in any year.
d. The Captain and any designee authorized by him to award administrative bonus points may award no more than 500 such points in the aggregate per year.
VII.
Appreciation Awards.
a. Elected and appointed officers who effectively and efficiently fulfill their duties as defined in the West Orange Volunteer First Aid Squad, Inc., Constitution shall be eligible to receive a reward of 120 points as an appreciation award for extra service.
b. Officers who do not serve a full twelve-month term shall have their appreciation award pro-rated at 10 points for each calendar month served.
c. Appreciation Awards are over and above points earned for unassigned tours, administrative hours performed, and bonus points for overnight coverage.
VIII.
Life Members.
a. Life members shall only be awarded point credits if actively participating in squad operations on a regular basis.
[Ord. No. 2303-11]
The purpose of this section is to foster the openness of government and to provide citizens with information concerning the various Township Council-appointed municipal positions which exist within the Township of West Orange, and to further provide for notification processes so that such citizens who have indicated a desire to hold such Township Council-appointed municipal position shall be notified when such position is under consideration for appointment and shall ultimately be notified as to the action taken.
[Ord. No. 2303-11]
The following terms as used in this section shall have the meaning set forth below unless the context within which the term is used clearly provides for a different meaning:
APPOINTED MUNICIPAL POSITION
Shall mean any Township Council-appointed municipal position within the Township's Municipal Government, which is created either by New Jersey State Law, or, by ordinance or resolution of the Township of West Orange. Examples of such positions are: Zoning Board of Adjustment, West Orange Senior Citizens Housing Association, and Citizens Advisory Committee, among others.
APPOINTING AUTHORITY
Shall mean the Township Council of the Township of West Orange, which, by virtue of statutory law or by ordinance or resolution, is given the authority to appoint a person to hold a particular appointed municipal position.
[Ord. No. 2303-11]
The Township Clerk shall cause a register of Township Council-appointed municipal positions to be prepared and maintained. Such register shall be made available on the Township's website and at the Town Hall and shall set forth at least the following:
a. 
Title of each Township Council-appointed municipal position.
b. 
Brief description of the positions' powers and duties.
c. 
Any special credentials or qualifications required to hold the position.
d. 
The name of the person currently holding the position, the expiration date of such term and the number of vacant seats on the board or commission.
e. 
The dates, times and frequency of any meetings which the holder of the appointed municipal position must attend.
[Ord. No. 2303-11]
The Township Clerk shall maintain a current updated listing of all existing vacancies for each Township Council-appointed municipal position within the Township of West Orange. Such list shall be made available free of charge at the Township Clerk's Office and shall, in addition, be posted by the Township Clerk on a bulletin board maintained for public announcements in the West Orange Town Hall.
[Ord. No. 2303-11]
Unless essential for the proper functioning and/or carrying on of business of the local agency within which the vacancy has occurred, a vacancy shall not be filled for a period of 30 days from its posting in order to allow interested persons time to submit application as provided in Subsection 2-82.6 herein below.
[Ord. No. 2303-11]
The Township Clerk shall maintain an application form to be completed by any person interested in serving in a Township Council-appointed municipal position. Such application shall, at a minimum, contain the following information:
a. 
Name.
b. 
Address.
c. 
Telephone number.
d. 
E-mail address,
e. 
Township Council-appointed municipal position being sought.
f. 
Qualifications/experience for the position.
g. 
Boards/commissions in which the applicant is interested.
h. 
Signature.
[Ord. No. 2303-11]
All applicants made by persons interested in serving in a Township Council-appointed municipal position shall become a public record. Any applicant who desires to denote that their phone numbers and e-mail addresses be kept confidential may do so at the time of their application.
[Ord. No. 2303-11]
Any person interested in serving in a Township Council-appointed municipal position may file an application for such position with the Township Clerk. Such application(s) may be filed at any time, whether or not the Township Council-appointed municipal position sought is vacant. A person may withdraw their application at any time.
[Ord. No. 2303-11]
The Township Clerk shall maintain all filed applications in a file or binder, segregated for each board or commission.
[Ord. No. 2303-11]
Prior to filling any Township Council-appointed municipal position, the Township Council or designated committee thereof, shall review each application filed for that position. Each person having submitted an application for a Township Council-appointed municipal position under consideration to be filled, shall be notified of said vacancy. The Township Council, or designated committee thereof, shall conduct such review(s), investigation(s) and/or interview(s) as the Township Council or designated committee thereof, deems necessary or advisable, in its discretion. After a decision is reached for fill a vacant Township Council-appointed municipal position, all those who had submitted an application thereof shall be notified of the appointing decision.
[Ord. No. 2528-17]
The purpose of this section is to provide residents within the Township of West Orange (the "Township") the opportunity to obtain Township identification cards. The Township recognizes that many residents within the Township do not have access to verifiable forms of identification and have difficulty obtaining services requiring such identification, including, but not limited to, banking accounts, health care services, public transportation, and entry into public/government buildings. To assist those who have difficulty obtaining effective identification by other means, the Township hereby establishes a Township Identification Card Program, which shall issue Township Identification Cards to individuals who can prove their identity and residency, in accordance with the terms of this section, which shall be liberally interpreted. To ensure the privacy and security of card recipients, no records are to be kept with respect to the application for and issuance of the identification cards.
[Ord. No. 2528-17]
a. 
The West Orange Township Clerk (hereafter referred to as the "Administering Department") shall be designated as the department to administer the Township Identification Card Program.
b. 
The Township's Administering Department shall issue such policies and procedures necessary to effectuate the purposes of this section; including the designation of access sites where applications for such cards shall be made available for pick-up and submission. The Administering Department shall also make the applications available online.
[Ord. No. 2528-17]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
ADMINISTRATOR
Shall mean the West Orange Township Clerk.
RESIDENT
Shall mean a person who can establish that he or she is a current resident of the Township of West Orange.
TOWNSHIP
Unless otherwise identified shall solely mean Township of West Orange.
TOWNSHIP OF WEST ORANGE MUNICIPAL IDENTIFICATION (I.D.) CARD OR WEST ORANGE IDENTIFICATION CARD
Shall mean an identification card issued by the Township that shall display the card holder's photograph, name, date of birth, address, signature, self-described gender (m for male, f for female, or u for undeclared), height, eye color, issuance and expiration date. Such identification card shall be designed in a manner to deter fraud.
[Ord. No. 2528-17]
a. 
The West Orange Identification Card shall be available to any resident of the Township of West Orange, age 14 or older, regardless of his or her race, color, creed, age, national origin, alienage, or citizenship status, gender, sexual orientation, disability, marital status, partnership status, any lawful source of income, housing status, status as a victim of domestic violence or status as a victim of sex offenses or stalking, or conviction or arrest record, provided that such resident is able to meet the requirements for establishing his or her identity and residency as set forth in this section and of any applicable policies and procedures established by the Administering Department.
b. 
The West Orange Identification Card shall display the resident's full name, photograph, home address, date of birth, signature, gender, height, eye color, card issue and expiration dates. Such identification card shall be designed in a manner to deter fraud, which may include: bar codes, serial numbers, watermarks, Township Seal, and other security protections.
c. 
The West Orange Identification Card shall be valid for three years from date of issuance. Residents age 14 or over may apply for a card. Relocation out of the Township invalidates the West Orange Identification Card and shall require its return to the Township for destruction.
d. 
The fee for the issuance of the West Orange Identification Card shall be $20 (the "Fee"). Renewal of cards shall be $20 and change of information shall be $20. The Fee shall be subject to change by adoption of a resolution by the Township Council.
[Ord. No. 2528-17]
In order to obtain a West Orange Identification Card, an applicant must establish his or her identity and residency within the Township of West Orange as follows:
a. 
Proof of Identity. In order to establish identity, an applicant shall be required to produce one of the following unexpired documents: a U.S. or foreign passport, a U.S. driver's license; a U.S. state identification card; a U.S. permanent resident card; a consular identification card; a photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for reentry to the issuing country; a certified copy of U.S. or foreign birth certificate; a Social Security Card; a national identification card with photo, name, address, date of birth, and expiration date; a foreign driver's license; a U.S. or foreign military I.D. card; a visa issued by a government agency; a U.S. Individual Taxpayer Identification Number (ITIN) authorization letter; an Electronic Benefit Transfer (EBT) card. If the individual is a minor, proof must be furnished on behalf of said minor by the individual's parents or legal guardian or by a court of competent jurisdiction.
b. 
Proof of Residency. In order to establish residency, an applicant shall be required to produce the following items depending upon whether or not they are a homeowner or a renter.
1. 
Proof of Residency for a homeowner requires the applicant to provide one document to establish proof of ownership and two documents to establish proof of address. Documents which establish proof of ownership are as follows: a deed; a municipal tax bill; or a mortgage bill. Documents which establish proof of address are as follows: a utility bill; a water bill; a cable or satellite bill; a home or cell phone bill; a bank or insurance statement; or a pay stub with the applicant's name and address.
2. 
Proof of Residency for a renter, requires the applicant to provide one document to establish proof of tenancy and two documents to establish proof of address. Documents which establish proof of tenancy are as follows: a current lease; a current signed and addressed rent receipt; a notarized letter signed by a relative/friend, stating that the parent/guardian and/or minor is living in his/her home, and are not responsible for rent and bills for the home. If a letter is submitted, the letter must be accompanied by proof of ownership or tenancy of the relative/friend. Documents which establish proof of address are as follows: a utility bill; a water bill; a cable or satellite bill; a home or cell phone bill; a bank or insurance statement; a pay stub with the applicant's name and address.
c. 
All Township departments shall accept the West Orange Identification Card as proof of identity and residence for access to Township services and benefits unless such acceptance is prohibited by Federal or State law. Cardholders shall not be subjected to any heightened scrutiny by the Township or any Township department as a result of using a West Orange Identification Card.
[Ord. No. 2528-17]
Upon receipt and review of the Resident's application, the Township shall return all documents to the Resident. The pertinent information for the West Orange Identification Card shall be transmitted to the Township's vendor for production of the West Orange Identification Card and the information shall not be retained by the Township. The Township will not maintain any records relating to the West Orange Identification Card, applicants, or recipients. Further, the Township vendor shall not maintain any records relating to the West Orange Identification Card, applicants, or recipients and shall delete any such information upon printing of the West Orange Identification Card. The Township shall not disclose any information about West Orange Identification Card applicants to any public or private entity or individual, including Federal, State, County, or City immigration or law enforcement entities, unless required to do so by Federal or State law. These protections shall extend to any data submitted for the West Orange Identification Card application or information obtained through the West Orange Identification Card application process and any computers or equipment used to process applications.
[Ord. No. 2528-17]
The Township is providing the West Orange Identification Card for identification and access to services provided by the Township of West Orange. The Township does not act as guarantor or warrantor of any of the information provided by the applicant for the West Orange Identification Card or of/against acts, criminal or otherwise committed by the individual(s) while possessing or using the West Orange Identification Card. The Township does not waive any of its protections afforded under Federal, State or local laws, including but not limited to the immunities under the New Jersey Torts Claims Act, N.J.S.A. 59:1-1 et seq., by processing or issuing the Township Identification Card.
[Ord. No. 2528-17]
Any person who violates any provision of this section shall, upon conviction thereof, be punished in accordance with § 1-5.1 of the Township's Revised General Ordinances.