[1985 Code § 2-7.1; New; Ord. No.
2008-#06 § 1; Ord. No.
2010-16]
a.
The chief executive and administrative officer of the Borough shall
be the Manager. The Manager shall, prior to the appointment, be qualified
in accordance with N.J.S.A. 40:69A-92.
b.
The Manager shall be chosen by the Council solely on the basis of
his executive and administrative qualifications with special reference
to his actual experience in, or his knowledge of, accepted practice
in respect to the duties of his office as hereinafter set forth. At
the time of his appointment, he need not be a resident of the Borough
or State, but during his tenure of office he may reside outside the
Borough only with the approval of Council.
c.
Deputy Borough Manager. The Borough Manager may appoint a Deputy
Manager to perform such duties as so directed. Compensation shall
be established by ordinance. The Deputy Manager shall serve at the
pleasure of the Borough Manager.
[1985 Code § 2-7.1]
Within the Office of the Manager, there shall be the following
functions:
[New]
Pursuant to N.J.S.A. 40:69A-93, the Manager shall hold office
for an indefinite term and may be removed by a majority vote of the
Council. At least 30 days before such removal shall become effective,
the Council shall, by a majority vote of its members, adopt a preliminary
resolution stating the reasons for his removal. The Manager may reply
in writing and may request a public hearing, which shall be held not
earlier than 20 days nor later than 30 days after the filing of such
request. After such public hearing, if one is requested, and after
full consideration, the Council by majority vote of its members may
adopt a final resolution of removal. By the preliminary resolution
the Council may suspend the Manager from duty, but shall in any case
cause to be paid him forthwith any unpaid balance of his salary and
his salary for the next three calendar months following adoption of
the preliminary resolution unless the Manager is removed for good
cause.
[New]
The Manager shall:
a.
Be the chief executive and administrative official of the Borough;
b.
Execute all laws and ordinances of the Borough;
c.
Appoint and remove a Deputy Manager if one be authorized by the Council,
all department heads and all other officers, subordinates, and assistants
for whose selection or removal no other method is provided in this
chapter, except that he may authorize the head of a department to
appoint and remove subordinates in such department, supervise and
control his appointees, and report all appointments or removals at
the next meeting thereafter of the Council;
d.
Negotiate contracts for the Borough subject to the approval of the
Council, make recommendations concerning the nature and location of
municipal improvements, and execute municipal improvements as determined
by the Council;
e.
See that all terms and conditions imposed in favor of the Borough
or its inhabitants in any statute, public utility franchise or other
contract are faithfully kept and performed, and upon knowledge of
any violation call same to the attention of the Council;
f.
Attend all meetings of the Council with the right to take part in
the discussions, but without the right to vote;
g.
Recommend to the Council to adopt such measures as he may deem necessary
or expedient, keep the Council advised of the financial condition
of the Borough, make reports to the Council as requested by it, and
make an annual report of his work for the benefit of the Council and
the public;
h.
Investigate, at any time, the affairs of any officer or department
of the Borough;
i.
Perform such other duties as may be required of the Manager by the
Charter, ordinance or resolution of the Council; and
j.
Be responsible to the Council for carrying out all policies established
by it and for the proper administration of all affairs of the Borough
within the jurisdiction of the Council.
[New]
a.
Preparation of Budget. Pursuant to N.J.S.A. 40:69A-96 the municipal
budget shall be prepared by the Manager. During the month of November
in each year, the Manager shall require all department heads to submit
requests for appropriations for the ensuing budget year and to appear
before him at public hearings, which shall be held during that month
on the various requests.
b.
Submission of Budget to Council. On or before the fifteenth day of
January, the Manager shall submit to Council his recommended budget
together with such explanatory comment or statement as he may deem
desirable. The budget shall be in such form as is required by law
for municipal budgets and shall, in addition, have appended thereto
detailed analyses of the various items of expenditure and revenue.
[New]
Pursuant to N.J.S.A. 40A:9-133 and N.J.S.A. 40:69A-126 there
shall be a Municipal Clerk appointed by the Mayor with the advice
and consent of Council for a term of three years. The Municipal Clerk
shall receive such compensation as shall be provided by ordinance.
[New]
No person shall be appointed or reappointed as Municipal Clerk
unless that person shall have a Registered Municipal Clerk Certificate
issued pursuant to N.J.S.A. 40A:9-133 et seq.
[1985 Code §§ 2-3.1, 2-3.4; Ord. No. 2010-6]
The Municipal Clerk shall:
a.
Serve as Clerk of the Council, keeping its minutes and records of
its proceedings, maintaining and compiling its ordinances and resolutions
as required by the Charter;
b.
Have custody of the Borough Seal and affix it to such books, papers
and documents as may be authorized pursuant to law;
c.
Have and take custody of all official books, papers and documents
of the Borough for which no other repository is provided by Charter
or ordinance;
d.
Perform such functions as are vested in the Municipal Clerk by the
licensing provisions of State law or ordinances;
e.
Perform all of the functions required of Municipal Clerks by the
General Election Law (Title 19 of the New Jersey Statutes).
[1985 Code § 2-3.3; New]
Pursuant to N.J.S.A. 40A:9-135, there is hereby established
the position of Deputy Municipal Clerk whose salary shall be set by
ordinance. The duties of the Deputy Clerk shall be as directed by
the Municipal Clerk. During the absence or disability of the Municipal
Clerk, the Deputy Clerk shall have all the powers and duties of the
Municipal Clerk and shall perform the functions and duties of this
office.
[1985 Code § 2-5.1; New]
Pursuant to N.J.S.A. 40A:9-140, the Borough Engineer shall be
appointed by the Council. The Borough Engineer shall be a duly licensed
civil engineer of the State of New Jersey.
[1985 Code § 2-5.2]
The Borough Engineer shall perform such duties as are prescribed
by general law, Charter and ordinance. Under the direction of the
Manager and Council, he shall:
a.
Prepare, or cause to be prepared, plans and specifications for public
works and improvements undertaken by the Borough;
b.
Supervise the performance of contracts for public works and certify
the amounts due and payable thereunder;
c.
Maintain maps, charts, engineering data, and records as may be required
for the proper and efficient technical administration of public works
functions; and
d.
Provide for traffic engineering needs.
[1985 Code § 2-5.3]
All papers, documents, memoranda, reports, and other materials
relating to the administration of the engineering function shall be
and remain the property of the Borough. Upon the termination of his
service with the Borough, the Engineer shall forthwith surrender to
his successor all such property, together with a written consent to
substitution of his successor in pending engineering matters to which
the Borough is a party.
[1985 Code § 2-4.1; New]
The Borough Attorney shall be appointed by the Council in accordance
with N.J.S.A. 40A:9-139 and N.J.S.A. 40:69A-89. Prior to appointment,
the Attorney shall have been admitted to the practice of law in this
State.
[1985 Code § 2-4.2]
The Borough Attorney shall be the legal advisor to the Council,
the Manager, the departments and other municipal agencies and shall
prosecute and defend actions and proceedings by and against the Borough,
departments and agencies thereof. In furtherance of these powers,
and without limitation thereof, he shall:
a.
Prepare or approve all ordinances and substantive resolutions prior
to introductions and passage;
b.
Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Borough;
c.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as directed by the Council;
d.
Subject to the approval of the Council, have power to enter into
any agreement, compromise or settlement of any litigation in which
the Borough is involved;
e.
Advise or render opinions upon any question of law submitted to him
by the Manager, the Council or the head of any department or agency
when authorized by the Manager with respect to official powers and
duties;
f.
Maintain a record of all actions, suits, proceedings and matters
which relate to the Borough's interest, and report thereon as the
Manager or Council may require; and
g.
Have such other and different functions, powers and duties as may
be provided by Charter or ordinance.
[1985 Code § 2-4.3]
Whenever the Borough Attorney deems it to be in the interest
of the Borough, the Borough Attorney may, with the approval of the
Council, and within the limits of available appropriations, appoint
such other attorney or attorneys as are necessary to properly assist
him in his duties. Such other attorney or attorneys may be salaried
or on independent contract with the Borough at the discretion of the
Council.
[1985 Code § 2-4.4]
All papers, documents, memoranda, reports and other materials
relating to the administration of the Office of Borough Attorney shall
be and remain the property of the Borough. Upon the termination of
his service with the Borough, the Borough Attorney shall forthwith
surrender to his successor all such property, together with a written
consent to substitution of his successor in all legal actions and
proceedings then pending to which the Borough is a party.
[1985 Code § 2-4.3; Ord. No. 1997-10; Ord. No. 2014-03]
a.
The position of Municipal Prosecutor, as provided in N.J.S.A. 2B:12-27,
is hereby established.
b.
The Municipal Prosecutor shall be appointed by the Council to prosecute
all local and State violations within the jurisdiction of the Ringwood
Municipal Court.
c.
The position of Substitute Municipal Prosecutor is hereby established
which person shall be appointed by the Manager for a term of one year
and shall perform all of the duties of the Municipal Prosecutor in
the absence of the said Municipal Prosecutor and shall be compensated
in accordance with the appropriate salary ordinance.
d.
The Substitute Municipal Prosecutor shall be an attorney-at-law of
the State of New Jersey.
[New]
The Municipal Prosecutor shall be appointed for a period of
one year and until his successor shall have qualified.
[New]
The Municipal Prosecutor shall appear in the Municipal Court
of the Borough of Ringwood on behalf of the State of New Jersey or
the Borough of Ringwood or any agencies or officers thereof. The Municipal
Prosecutor shall perform such duties as are prescribed by law including,
but not limited to, the prosecution of complaints for violation of:
[New]
There is hereby established the office of the Municipal Public
Defender pursuant to the authority of N.J.S.A. 2B:25-1, et seq. The
Public Defender shall be appointed by the Borough Council.
[New]
The Municipal Public Defender shall be an attorney-at-law of
the State of New Jersey in good standing, and shall serve for a term
of one year from the date of his appointment, and may continue to
serve in office pending reappointment or appointment of a successor.
The Public Defender may also serve in that position in other municipal
courts. The Public Defender need not reside in the Borough.
[Ord. No. 1998-01]
Any person applying for representation by the Municipal Public
Defender shall pay an application fee of $200. The Municipal Court
may waive the fee, in whole or in part, if the court determines, in
its discretion, that the application fee represents an unreasonable
burden on the person seeking representation.
[Ord. No. 2012-#01]
The position of Assistant Public Defender is hereby established.
The Assistant Public Defender shall be appointed by the Manager for
a term of one year.
[Ord. No. 2012-#01]
The Assistant Public Defender shall be an attorney-at-law of
the State of New Jersey and shall perform such duties as assigned
by the Municipal Public Defender.
[Ord. No. 2012-#01]
The Assistant Public Defender shall receive $2,500 per year
as compensation or such compensation as determined by subsequent salary
ordinances.
[New]
Pursuant to N.J.S.A. App. A:9-40.1, the position of Emergency
Management Coordinator is hereby created. The Emergency Management
Coordinator shall be appointed by the Manager for a term of three
years.
[New]
a.
Under the supervision of the Manager, the Emergency Management Coordinator
shall be responsible for the development, coordination and activation
of a municipal mutual aid and emergency management plan; shall request,
when needed, emergency management facilities and services available
from the County and State governments, and shall perform such duties
as the Governing Body may direct.
b.
Whenever, in the opinion of the Coordinator, a disaster has occurred
or is imminent in the Borough of Ringwood, he shall proclaim a State
of Local Disaster Emergency within the Borough. 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 Borough.
[1985 Code § 2-12.1]
Under the supervision of the Manager, the Office of Recreation
Director is established.
[1985 Code § 2-12.2]
The Recreation Director shall:
a.
In conjunction with a Recreation Commission to be appointed annually
by the Mayor and Council, arrange and provide for the giving of indoor
and outdoor exhibitions, concerts, games, contests and sporting events
in and for the Borough.
b.
Advise and counsel the Recreation Commission of the Borough in the
planning and carrying out of a suitable recreation program for the
residents of the Borough.
c.
Be responsible for all Borough equipment and property used in conjunction
with recreation activities.
d.
Attend all meetings of the Recreation Commission for which he shall
not be separately compensated.
e.
File with the Recreation Commission and the Borough Manager written
monthly reports of the activities of the Recreation Commission and
the Office of the Recreation Director.
[1985 Code § 2-12.3]
The Recreation Director shall be compensated in accordance with
a schedule of payments set forth in the current salary ordinance.
[1985 Code § 2-2.7]
Pursuant to N.J.S.A. 40A:5-4, the Council shall appoint an independent
auditor to make an annual audit of the Borough's accounts and financial
records as required by law.
[Ord. No. 2006-#25 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the Borough of Ringwood's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 2006-#25 § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Ringwood to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
Shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for Borough of Ringwood.
[Ord. No. 2006-#25 § 3]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Ringwood.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full or part time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Ringwood, including the following responsibilities, which may not
be contracted out:
1.
Serving as Ringwood's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents,
and interested households;
2.
Monitoring the status of all restricted units in Ringwood's Fair
Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
COAH;
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in the Borough of Ringwood as described in
paragraph f below.
d.
Subject to approval by COAH, the Borough of Ringwood may contract
with or authorize a consultant, authority, government or any agency
charged by the Governing Body, which entity shall have the responsibility
of administering the affordable housing program of the Borough of
Ringwood. If the Borough of Ringwood contracts with another entity
to administer all or any part of the affordable housing program, including
the affordability controls and Affirmative Marketing Plan, the Municipal
Housing Liaison shall supervise the contracting Administrative Agent.
e.
Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough of Ringwood and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low and moderate income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or ineligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Borough of Ringwood when referring households
for certification to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
County's Register of Deeds or County Clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or re-rental.
5.
Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(h)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
