Township of Kingwood, NJ Chapter 34 Parks and Recreation

[HISTORY: Adopted by the Township Committee of the Township of Kingwood 6-4-2020 by Ord. No. 20-05-2020.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance abolished the existing Recreation Commission and Parks and Recreation Committee to form a single Parks and Recreation Committee and superseded former Ch. 34, Recreation Commission and Parks and Recreation Committee, adopted 12-16-1996 by Ord. No. 9-15-1996, as amended.

Article I Parks and Recreation Committee

§ 34-1 Establishment.

The Township Committee of the Township of Kingwood, deeming it necessary for the development, improvement, maintenance and operation of all public parklands and recreational areas and facilities within the Township hereby establishes and creates a Parks and Recreation Committee.

§ 34-2 Members.

A. The Parks and Recreation Committee shall consist of nine members to be appointed by the Township Committee. The membership in the Parks and Recreation Committee shall include:

(1) One member of the Environmental Commission who shall not be an elected official.

(2) One member of the Township Committee

(3) One member of the Open Space Committee who shall not be an elected official.

(4) Six members to be appointed from the general citizenry of the Township.

B. The Parks and Recreation Committee shall annually appoint a Chairperson to be selected by a majority vote of the members of said Committee. The Chairperson shall not be an elected official.

§ 34-3 Term.

A. The Open Space and Environmental Commission members shall have terms which correspond with the terms of their respective offices. The Township Committee member shall be appointed annually. The six members of the general citizenry shall be appointed for three years. Members appointed from the general citizenry shall have terms of three years; however, the initial public members appointed shall have the following terms as designated by the Township Committee:

(1) One member: one year.

(2) Two members: two years.

(3) Three members: three years.

B. All terms shall begin as of January 1. Any vacancies shall be appointed by the Township Committee for the reminder of the unexpired term.

§ 34-4 Powers.

A. The Township Committee, through the Parks and Recreation Committee, shall have the full and complete authority and power to expend monies raised for the operation of recreational fields and parks within the Township and all recreation programs thereon. The Parks and Recreation Committee and its members in all respects operate through and under the direction of the Township Committee in accordance with the administrative procedures and regulations of the Code of the Township of Kingwood and shall have no power to take any action on behalf of the Township of Kingwood, or to take any other action, other than what is set forth in Subsection B below.

B. The powers and duties of the Parks and Recreation Committee shall be as follows:

(1) Report to the Township Committee regarding ordinances which affect recreation in the Township, including rules and regulations for the public use of said areas and all recreational programs.

(2) Report to the Township Committee regarding the Township's recreational needs, including program, facility and equipment needs.

(3) Provide a recommendation to the Township Committee concerning a schedule of fees and charges to be made for utilizing Parks and Recreation facilities.

(4) Provide for the proper maintenance and care of the lands and improvements within the Township recreation fields and parks and all structures thereon now or hereafter owned by the Township.

(5) Organize, oversee, manage, direct and operate all functions and activities of parks and recreational programs as well as any and all park staff. Park staff shall be employees of the Township and governed by the Employee Policy Manual.

(6) Maintain an inventory of property and equipment and recommend, as needed, the acquisition of additional property and/or equipment for the furtherance of the Township's parks and recreational programs.

(7) The Committee may, throughout the year, purchase necessary parks and recreation items and equipment that are provided for in the Committee's annual budget appropriation. Any purchase over $2,000 must be approved in advanced by the Township Committee. The Committee is not permitted to purchase any real property.

(8) Inform the Township Committee of grants available under state and federal programs and any other grant programs and, if authorized by the Township Committee, prepare, process and complete applications for such grants.

(9) Submit annually the requested budget indicating what sums may be necessary for the performance of the above functions and duties.

(10) Manage the Parks and Recreation Trust Fund of the Township with oversight by the Kingwood Township Committee and the Kingwood Township Chief Financial Officer to be utilized by the Parks and Recreation Committee

(11) Promote the advantages of parks and recreation opportunities in the Township.

(12) Survey the community regarding recreational needs and provide advice to the Planning Board in its preparation of the parks and recreation plan element to the Master Plan adopted pursuant to N.J.S.A. 40:55D-28.

(13) Perform such tasks as may, from time to time, be assigned by the Township Committee.

(14) Provide an annual report of written recommendations containing cost and benefits analyses and potential schedules for implementation, together with justification for the demand for new services if any are being recommended. The Township Committee, or a subcommittee thereof, shall schedule meetings with the Parks and Recreation Committee to review and consider such advice.

§ 34-5 Annual appropriations.

The Township Committee shall appropriate sums which, in their opinion, are satisfactory for the Parks and Recreation Committee to pay its expenses. The Recreation Committee shall not have the power and authority to incur any obligation in the name of the Township or this Committee except as authorized from time to time by the Township Committee under the provisions of this chapter. Said Committee may solicit or receive gifts or bequests, personal property, or any donation, which shall be applied toward temporary or permanent use of the Township's parks, playgrounds, and recreational facilities. All donations received by the Recreation Committee shall be turned over to the Kingwood Township Chief Financial Officer and be kept in a special fund dedicated for park and recreational facilities.

Article II Use of Township Parks and Facilities

§ 34-6 Fees; insurance; rules and regulations.

A. Kingwood Park - Union Road.

(1) Pavilion fees.

(a) Resident: no charge.

(b) Nonresident (or for-profit business).

[Amended 11-4-2021 by Ord. No. 21-20-2021]

[1] First 50 people: a fee in an amount as set from time to time by resolution of the Township Committee.

[2] Each additional 50 people: a fee in an amount as set from time to time by resolution of the Township Committee.

[3] Eight-hour limit per event; a fee in an amount as set from time to time by resolution of the Township Committee per additional hour.

[4] Cancellation fee within 15 days of event: a fee in an amount as set from time to time by resolution of the Township Committee.

(c) Fees are subject to change annually by resolution of the Township Committee. A copy of this resolution is kept on file in the Township Clerk's office and is available for review during regular business hours.

(2) Field use.

(a) Organizations.

[1] Kingwood based with 50% Kingwood residents: no charge for single-day use.

[2] All organized teams with ongoing use: a fee in an amount as set from time to time by resolution of the Township Committee; includes storage area.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

[3] All teams are to keep their fields clean and maintain their equipment.

(b) Profit businesses to use park fields: a fee in an amount as set from time to time by resolution of the Township Committee.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(c) Fees are subject to change annually by resolution of the Township Committee. A copy of this resolution is kept on file in the Township Clerk's office and is available for review during regular business hours.

(3) Kingwood Community Day vendors.

(a) Booth spaces (an area approximately 10 feet by 10 feet): a fee in an amount as set from time to time by resolution of the Township Committee (no charge for nonprofits/Kingwood Township municipal governmental entities).

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(b) Food vendors: a fee in an amount as set from time to time by resolution of the Township Committee.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(c) Fees are subject to change annually by resolution of the Township Committee. A copy of this resolution is kept on file in the Township Clerk's office and is available for review during regular business hours.

(4) Kingwood yard sale at park.

(a) Booth spaces (an area approximately 15 feet by 20 feet): a fee in an amount as set from time to time by resolution of the Township Committee (Kingwood residents only).

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(b) Fees are subject to change annually by resolution of the Township Committee. A copy of this resolution is kept on file in the Township Clerk's office and is available for review during regular business hours.

B. Horseshoe Bend Park.

(1) Field usage by Township residents or Kingwood based (with 50% Kingwood residents) organizations: no charge for single-day use.

(2) Field usage at Horseshoe Bend Park by nonresidents or non-Township organizations: a fee in an amount as set from time to time by resolution of the Township Committee.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(3) Organizations using the Morton Building: a fee in an amount as set from time to time by resolution of the Township Committee; deposit for cleaning the Morton Building: a fee in an amount as set from time to time by resolution of the Township Committee. (NOTE: During the "heating season" (November 15 through March 15), as defined by the New Jersey Department of Community Affairs, there will be an oil surcharge fee in an amount as set from time to time by resolution of the Township Committee.)

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(4) For organizations (not charging a per-event fee) using the large Morton Building: ongoing activities (use of the building eight days within a calendar month): a fee in an amount as set from time to time by resolution of the Township Committee. (NOTE: During the "heating season" (November 15 through March 15), as defined by the New Jersey Department of Community Affairs, there will be an oil surcharge fee in an amount as set from time to time by resolution of the Township Committee.)

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(5) Storage facility at HBP. Nonprofit organizations that are qualified under Section 501(c)(3) of the Internal Revenue Code of the United States of America storing equipment on/in trailers in the open-air hay storage facility, depending on available space: a fee in an amount as set from time to time by resolution of the Township Committee.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(6) Usage of dog show mats and gates: a fee in an amount as set from time to time by resolution of the Township Committee.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

(7) Fees are subject to change annually by resolution of the Township Committee. A copy of this resolution is kept on file in the Township Clerk's office and is available for review during regular business hours.

C. A fee in an amount as set from time to time by resolution of the Township Committee will be charged on any returned checks.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

D. Cancellation policy. All cancellations must be reported in writing to the Township. Cancellations within 30 days prior to the scheduled rental date will receive a 100% refund of all rental fees. Cancellations 29 to eight days prior to the scheduled rental date will receive a 50% refund of all rental fees. Cancellations seven days or less before the scheduled rental date will not receive a refund. Individuals/organizations who have not paid their rental fee as of the date of cancellation shall be obligated to pay the fee or portion of the fee in accordance with the cancellation policy. Cancellations due to the closing of the facility by the Township shall be granted a full refund of all rents paid. The reserving party assumes all risk arising from inclement weather or cancellations of any kind. If the Township does not cancel a reservation, the reserving party shall use its best judgment concerning cancellations due to inclement weather.

E. The Township reserves the right to deny any individual/organization the right to rent Township property based upon that individual/organization's prior use of the property, including but not limited conduct during the rental and/or the condition the facility at the end of the rental. The decision not to rent the facility to an individual/organization shall be in the sole discretion of the Township and any rental payments made in advance of an event shall be returned if the event is canceled by the Township, provided that individual/organization do not owe any prior rental or late fees amounts.

F. A security deposit of $50 is required for each building key requested for ongoing use. Municipal employees or members of municipal committees or commissions are exempt when used in the commission of their duties.

G. All persons using any Kingwood Township park as described in Subsections A and B, shall provide proof of insurance as is more specifically described in the rules and regulations applicable to all Kingwood Township parks and facilities, which were earlier adopted by the Township and are ratified and made a part hereof entitled "Exhibit A" and kept on file in the Township Clerk's office and available for review during regular business hours.

H. All of the provisions contained in Exhibit A, "Rules and Regulations," are hereby specifically ratified and made a part hereof.

I. Any person(s), corporation or organization using any portion of a Township park for a for-profit activity shall be required to provide the Township with proof of adequate insurance naming the Township as an additional insured. "For-profit activities" shall be defined as any use of the park in which participants pay a fee to any person, corporation or organization in conjunction with a use of the park. Examples of such activities include but are not limited to horseback riding lessons or tours, sports/recreational instruction, yoga/exercise classes which are held in or travel through the park.

J. Any groups and organizations failing to break down their equipment and properly store it away after their last usage before a scheduled event by another user of the facility shall be assessed a fee in an amount as set from time to time by resolution of the Township Committee. That fee shall be paid before the group is permitted to use the facility again. An event calendar will be posted at the building or on the Township website so that groups/organizations know when events are scheduled and their equipment must be stored.

[Amended 11-4-2021 by Ord. No. 21-20-2021]

K. Use of vehicles. No person shall use any area of the Township park(s) or recreation areas for takeoff, landing or any other use by motorized hang gliders or similar vehicles or aircraft, except in the case of emergency. This regulation shall not prohibit the use of drones and similar remote-controlled devices.

[Added 3-4-2021 by Ord. No. 21-02-2021]