The form of government in the Township of Wantage is the
Township Form which comprises Chapters 142 to 156A in Title 40 of
the New Jersey Revised Statutes. The Administrative Code has been
drafted in conformity with the township law and in many instances,
provisions of the township law have been restated in the code. Other
enabling laws pertaining to the Administrative Chapter are R.S. 40:
47-1, et seq., Fire Department; R.S. 2A: 8-1, et seq., Municipal Court;
R.S. 40: 55-36, Zoning Board of Adjustment; R.S. 40: 55-1.4, Planning
Board; R.S. 44: 8-115, et seq., Board of Assistance; R.S. 26: 3-1,
et seq., Board of Health; R.S. 40: 14A-1, et seq., Sewage Authority;
R.S. 40: 56A-1 et seq., Conservation Commission; R.S. 40: 12-1, et
seq., Recreation Commission. Other authority to regulate the internal
affairs of the township is contained in R.S. 40: 48-2.
[New; Ord. #2006-03, § 1]
All legislative power of the township, except in matters of
health, shall be exercised by the township committee pursuant to law,
and in matters of health by the board of health.
The township committee shall organize annually during the first
week in January, at which time it shall elect a mayor from among its
members. The mayor shall preside at meetings of the township committee
and perform such other duties as the township committee may prescribe.
In the absence or disability of the mayor, the committee shall elect,
a temporary presiding officer.
The mayor shall have the power to appoint subcommittees of the
township committee with the consent of the township committee. He
shall sign and execute documents and agreements on behalf of the township.
He shall have the power to make proclamations concerning holidays
and events of interest to the township. He shall exercise the ceremonial
power of the township and every other power usually exercised by township
mayors or conferred upon him by law. In the absence or disability
of the mayor, the township committee shall designate someone to act
in his stead.
a.
The township committee shall meet annually within the first week
of January. The committee shall meet regularly thereafter on days
and times established in the annual meeting resolution, except that
the committee may, by resolution, dispense with or change the date
of a regular meeting. When the time for any regular meeting of the
committee falls on a legal holiday as prescribed by law, such meeting
shall be held at the same hour on some other day of the week at the
convenience of the committee.
b.
Special Meetings. A special meeting may be called at any time upon
written request of a majority of the members of the township committee
or by the mayor. The request and call for a special meeting shall
specify the purpose of the meeting and no business shall be transacted
at any special meeting other than that specified. The call for a special
meeting shall be filed with the township clerk and shall be served
upon each committee member as hereinafter provided at least 24 hours
prior to the time for which the meeting is called, provided that the
mayor may determine that an emergency exists affecting the health
or safety of the people, which requires consideration by the township
committee within a shorter time, and upon such determination which
the mayor shall set forth in the call, the call may be filed with
the clerk at any time prior to the time set for the meetings. Upon
the filing of any call for a special meeting, the clerk shall forthwith
give notice thereof by telephone or telegraph to each committee member,
at such place as he shall have previously designated for that purpose,
and shall also serve or cause to be served a written copy of the call
upon each committee member, by delivery of a copy to him personally
or by the leaving of a copy at his usual place of abode. Upon waiver
of notice by all members of the township committee, a special meeting
may be held without prior notice notwithstanding the above provisions
of this section.
All regular and special meetings of the township committee shall
be open to the public. The rules of procedure to be followed and rules
for the consideration of nominations submitted by the mayor and for
the conduct of other business of the committee shall be provided by
resolution.
The committee may meet at any time in executive session for
the consideration of any township business or to meet with any officer
or employee of the township or any other person on township business.
No persons other than those specifically invited by the committee
shall be authorized to participate in any such executive session.
A majority of the whole number of members of the township committee
shall constitute a quorum, and no ordinance shall be adopted by the
township committee without the affirmative vote of a majority of the
quorum of the committee. If a quorum is not present one-half hour
after the appointed time for any meeting, the presiding officer or
the clerk may declare the meeting adjourned.
The vote upon every ordinance, and upon every motion or resolution
when requested shall be taken by roll call and the yeas and nays shall
be entered on the minutes. The minutes of each meeting shall be signed
by the township clerk.
All ordinances shall be introduced, read, heard and enacted
in the manner provided by general law. Council shall take appropriate
action to insure that ordinances and resolutions of the preceding
year are compiled or codified.
The ordinance book shall be signed by the mayor and clerk.
Pursuant to R.S. 40:146-13.1 the committee shall have the power
and authority to elect, from among its members, a vice-chairman of
the committee. In the absence or disability of the chairman the vice-chairman
shall have all the powers and duties of the chairman and shall serve
and be known as the acting township mayor.
[Ord. #2011-02; amended 1-25-2018 by Ord. No. 2018-01; 2-8-2018 by Ord. No. 2018-02]
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the
Joint Municipal Court of the Township of Wantage, the Borough of Sussex,
the Township of Stillwater and the Borough of Branchville is hereby
established.
The Municipal Court shall have an official seal which shall
bear the impress of the name of the court.
a.
The part-time judge of the Municipal Court who shall be an attorney-at-law
of New Jersey and shall have the qualifications required by law and
shall serve for a term of three years from the date of his/her appointment
and until his/her successor has been appointed and has qualified shall
be appointed in accordance with the Statutes and Court Rules of the
State of New Jersey.
b.
The compensation of the judge shall be such annual salary as is now
or hereinafter may be provided by ordinance, which salary shall be
in lieu of any and all other fees.
The territorial jurisdiction of the Municipal Court shall be
coextensive with the territory of the Township of Wantage, the Borough
of Sussex, the Township of Stillwater, and the Borough of Branchville.
There shall be a Municipal Court Administrator who shall be
appointed by the Township Committee of the Township of Wantage and
who shall serve for a term of one year from the date of his/her appointment
and until a successor has been appointed and is qualified.
The Township Committee of the Township of Wantage shall appoint
support staff of the Municipal Court who shall perform the functions
assigned by the municipal judge and by the Municipal Court Administrator.
There shall be a municipal prosecutor appointed by the Township
Committee of the Township of Wantage. The municipal prosecutor shall
have the jurisdiction, powers and duties prescribed by N.J.S.A. 2B:25-1
et seq.
Any person applying to the Municipal Court of the Township of
Wantage, the Borough of Sussex, the Township of Stillwater, and the
Borough of Branchville for representation by a municipal public defender
shall, in accordance with the provisions of P.L. 1997, c. 256, pay
an application fee of not more than $200, but only in an amount determined
by the Municipal Court judge, necessary to pay the costs of municipal
public defender services. The Municipal Court may waive said application
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. Said determination shall be made in
accordance with the applicable provisions under law.
[Ord. 5/31/66]
There shall be a board of health consisting of five members,
who shall be residents of the township, which members shall be appointed
to office by the township committee.
The terms of office of the board of health to be appointed under
this section shall be for five years.
The board of health shall have all the powers conferred upon
local boards of health by the statutes of the State of New Jersey
and by local ordinance and shall have the power to employ and appoint
to office such inspectors, sanitarians and other personnel as may
be required in the administration of its duties and in the enforcement
of State and local health laws and ordinances. Such appointees shall
be professionally qualified to perform the duties of their said offices.
[Ord. #72-9]
There is hereby established an environmental commission in the
township for the protection, development or use of natural resources,
including water resources, located within its territorial limits,
which commission shall be known as the "Wantage Township Environmental
Commission."
The commission shall consist of seven members to be appointed
by the chairman of the township committee, one of whom shall also
be a member of the township planning board and all of whom shall be
residents of the township.
The members of the commission shall serve without compensation
except that they shall be entitled to be reimbursed for expenses incurred
in the performance of their duties.
The township committee shall appropriate funds for expenses
incurred by the members of the environmental commission.
The chairman of the township committee shall designate one of
the members to serve as chairman and presiding officer of the commission.
The terms of office of the members of the commission and the
powers of the commission and the keeping of records and making of
reports shall be in accordance with the provisions of R.S. 40: 56A-1
et seq.
[Ord. #74-12; Ord. #90-10; Ord. #2006-06; amended 6-22-2017 by Ord. No. 2017-09]
a.
There shall
be a Recreation and Parks Advisory Committee consisting of five members
and up to two alternates appointed by the Township Committee.
b.
The initial
terms of the members shall be as follows: two members for a term of
three years each, two members for a term of two years each, and one
member for a term of one year. The terms of the successors to the
members shall be for three years each. The initial terms for the alternate
members shall be as follows: one member for a term of two years, and
one member for a term of one year. The terms of the successors to
the members shall be for two years each.
c.
After the
initial appointments, all future membership appointments shall be
made at the annual reorganization meeting.
The Recreation and Parks Advisory Committee shall:
a.
Conduct
studies of the present and future recreation needs of the Township,
and develop immediate and long-range plans for recommendation to the
Township Committee.
b.
Develop
and recommend to the Township Committee a year-round program of recreational
activities for all Township residents to be administered by the Township.
c.
Review,
plan for and advise the Township Committee regarding the development
and redevelopment of open space, park land, Lake Neepaulin and bikeways
which are owned, to be owned, or otherwise available for use by the
Township and maintain, use and control open space, park land, Lake
Neepaulin and bikeways owned or otherwise available for use by the
Township.
d.
Coordinate
its activities, and cooperate with other Committees and trusted with
responsibilities relating to the environment, open space and recreation.
e.
Prepare
and submit quarterly to the Township Committee a summary report of
activities undertaken by the Committee for the previous quarter.
The Recreation and Parks Advisory Committee shall be permitted
to recommend, for the appointment of personnel as may be required
to supervise an implement the various recreational programs. The Governing
Body shall have the authority to make appointments as deemed necessary
and appropriate. Such appointees shall be under the supervision of
the Administrator.
[Ord. #86-20; Ord. #2011-09; Ord. #2010-18]
The Wantage Township Volunteer Fire Department is hereby created
and established with jurisdictional boundaries coextensive with the
boundaries of the township.
The Wantage Township Volunteer Fire Department shall be composed
of two companies to be known as Beemerville (Company No. 1) and Colesville
(Company No. 2), and such additional companies as the Wantage Township
Committee may authorize and approve. Members of the companies shall
also be members of the department.
No person hereafter becomes a member of the Wantage Township
Volunteer Fire Department or any unit thereof unless he is:
a.
A citizen of the United States at least 18 years of age.
b.
Physically fit to perform the duties of a fireman evidenced by a
certificate to that effect by a practicing physician of the State
of New Jersey after physical examination for that purpose;
c.
A resident of the Township of Wantage or a resident of a municipality
adjacent to the township for a period of at least six months (unless
the applicant is already a fireman in good standing in another department,
in which case the six month requirement shall be waived).
Every member of the fire department shall in each and every
year perform at least 60% of duty to be composed of actual attendance
and duty at fires and drills and a record shall be kept of such attendance
and duty by the chief of the fire department and reported to the township
committee annually.
Every member of the fire department shall be entitled to an
exempt fireman's certificate when it appears that at the time of his
appointment he met the requirements of N.J.S.A. 40A: 14-56 and that
he performed during a period of seven years 60% of fire duty in each
year respectively.
Every person seeking to join the fire department shall make
application to the fire company which he desires to join and upon
his election to membership in accordance with the bylaws of the company
he shall become a member in good standing of the fire department.
The election of members of a fire company shall be immediately reported
to the township clerk who shall keep an accurate and up-to-date record
of all members of the department together with information as to the
fire company to which such a member belongs. The members of the department
shall be deemed to be exercising a governmental function, and the
adoption of this section, which has been at the request of Company
No. 1 and Company No. 2, shall be deemed to constitute a contract
as required by N.J.S.A. 40A: 14-68.
There shall be a chief, a 1st deputy chief, and a 2nd deputy
chief. Neither the chief nor the 2nd deputy chief shall be from the
same company as the 1st deputy chief. The term of office for the chief,
the 1st deputy chief and the 2nd deputy chief shall be two years each.
Upon the first organization meeting of each fire company following
the adoption of this ordinance, the 1st deputy chief and the 2nd deputy
chief shall be elected from the membership of their respective fire
companies for a period of two years. The position of fire chief shall
be voted upon by the department membership at the annual meeting once
every two years. Deputy chief #1 and deputy chief #2 shall be elected
by their respective companies to serve a two-year term.
Each company shall also elect any other officers as provided
for in the bylaws of the company. All officers elected by the department
or by any company shall upon approval of the township committee be
sworn in at the annual reorganization meeting of the township committee.
The chief of the fire department shall be in command of the
department and all fires and fire related incidents within the Township
of Wantage. The chief shall be responsible for all decisions involving
the use of fire apparatus within or without the township. He shall
be responsible for the actions and direction of the department when
officially summoned for duty and for other matters pertaining to the
overall efficiency of fire fighting within the township. The chief
shall render monthly and an annual report to the township committee
and to each company covering such firematic activities as fires, drills,
etc. but may delegate a subordinate to keep such records.
In the absence of the chief, the 1st deputy chief of the department
shall assume all responsibilities of the chief. In the absence of
the chief and the 1st deputy chief, the 2nd deputy chief of the department
shall assume all responsibilities of the chief.
The firematic committee for the department shall consist of
the chief, 1st deputy chief, 2nd deputy chief, and such other officers
as may be designated in the by-laws of the department.
[Ord. #67-2; Ord. #81-12; Ord. #83-01; Ord. #96-14; Ord.
#01-05; Ord. #01-15]
At the election held on November 8, 1966, there was submitted
to the voters of the township, the question of whether or not the
said jurisdiction should adopt the provisions of the Civil Service
Act of the State of New Jersey and the adoption was duly approved
and authorized by a majority of the voters of the jurisdiction at
the election.
Immediately thereafter the New Jersey Civil Service Commission
made a survey of all positions in the jurisdiction covering the duties
and salaries of the positions of the jurisdiction.
Following such a survey the New Jersey Civil Service Commission
submitted to the township committee of the jurisdiction three separate
and distinct schedules.
[Amended 2-9-2023 by Ord. No. 2023-02]
a.
Schedule 1. A list of employees in the jurisdiction is on file with
the dates of original and present appointments, salaries, titles and
divisional classification. The following titles are hereby listed:
|
FULL-TIME
|
|---|
|
Animal control officer
|
|
Assistant supervisor roads
|
|
Cashier
|
|
Clerk-typist
|
|
Code enforcement/zoning officer
|
|
Deputy municipal court administrator
|
|
Equipment Operator/Truck Driver
|
|
Heavy equipment operator
|
|
Laborer
|
|
Mechanic
|
|
Municipal court administrator
|
|
Road repairer
|
|
Senior road repairer
|
|
Senior assessing clerk
|
|
Senior clerk typist
|
|
Supervisor, roads
|
|
Tax Clerk
|
|
PART-TIME
|
|---|
|
Assistant secretary board/commission
|
|
Construction official
|
|
Electrical subcode official
|
|
Fire protection subcode official
|
|
Fire official
|
|
Pound keeper
|
|
Registrar of vital statistics
|
|
Secretary board/commission
|
|
Temporary laborer
|
|
Temporary clerk-typist
|
b.
Schedule 2. Class specifications in alphabetical order including
definitions, examples of work, educational and experience requirements,
and knowledge and abilities.
c.
Schedule 3.
1.
An alphabetical list of title of full-time positions in the classified
service with proposed salary ranges and divisional classifications.
2.
A schematic list of titles of full-time positions in the classified
service with proposed salary ranges.
3.
A descending list of titles by proposed salary ranges divided into
salary increments of full-time positions in the classified service.
4.
An alphabetical list of titles of part-time positions in the classified
service with divisional classifications.
5.
An alphabetical list of titles in the unclassified service with the
statutory or other provisions placing the position in the unclassified
service.
The township committee of the jurisdiction is desirous of cooperating
with the New Jersey Civil Service Commission. The township committee
of the jurisdiction is aware of the necessity of establishing a business
like personnel policy for the jurisdiction. The township committee
of the jurisdiction is also aware of the lack of legal sufficiency
for some positions in the jurisdiction and the township committee
of the jurisdiction feels that the legal creation of positions held
by employees of the jurisdiction will provide the security necessary
for proper working relations between the township committee and the
employees of the jurisdiction, resulting in a more efficient administration
of the jurisdiction's affairs and the providing of better services
for the community at large. The township committee of the jurisdiction,
in accordance with the request of the New Jersey Civil Service Commission,
is also desirous of providing an adequate salary plan for classes
of positions in the jurisdiction.
That the following classes of positions, duties of which are
set forth as part of this section be reference to the three separate
and distinct schedules prepared by the New Jersey Civil Service Commission
are hereby created.
The salary ranges setting forth annual increments specified
in the attached schedules are hereby adopted as and for each and every
class of position mentioned in the schedules, and that the increment
payments contained therein are contingent on the availability of funds.
The township committee does reserve the right to pay a salary
to any new employee at any figure given in the schedules affecting
said new employees, and not necessarily the first figure of the schedules.
The adoption of this section shall not operate so as to decrease
the present pay of any officer or employee, anything in the schedules
to the contrary notwithstanding.
The adoption of this section shall operate to provide increments
only to those employees who have satisfactorily performed the duties
of their positions.
All officers and employees employed by the Township of Wantage
shall be bona fide residents of the township within the meaning of
N.J.S.A. 40A: 9-1.3, and only such residents shall be eligible for
positions and employments in the classified service of the township,
excepting that those persons who shall be appointed as municipal engineer,
municipal attorney, municipal auditor, and other persons who are required
to hold certification or licensure under the laws of New Jersey in
order to hold a position of appointment shall not be required to be
residents of the township.
Whenever the governing body or other hiring authority of the
township shall determine that there are certain specific positions
and employments requiring special talents or skills which are necessary
for the operations of the township and which are not likely to be
found among the residents of the township, such positions or employments
shall be filled without reference to residency. The criteria to which
such positions or employments shall be determined shall be the professional
qualifications or other training in the field of knowledge applicable
to the position or employments and the personal experience of the
applicant.
Whenever the governing body or appointing authority shall determine
that there cannot be recruited a sufficient number of qualified residents
for available specific positions or employments, the governing body
or appointing authority shall advertise for other qualified applicants.
The governing body or hiring authority thereof shall thereupon classify
all qualified applicants for such positions or employments so determined
in accordance with the provisions of N.J.S.A. 40A: 9-1.6 as the same
relates to municipalities.
[Ord. #70-7]
Any employee retiring in accordance with the terms of this section
who shall not be entitled to a township pension shall be paid for
all accumulated vacation.
This section shall not supersede any statute or regulation adopted
thereunder relating to the retirement of any municipal employee.
[Added 10-26-2023 by Ord. No. 2023-10]
a.
The Township of Wantage hereby authorizes payment of the entire cost
of post-retirement medical benefits coverage for its employees who
have reached 62 years of age and have retired after 30 consecutive
years of service credit with the Township. The coverage shall extend
to both the employee and his or her spouse until they each reach the
age of 65 years old.
b.
In accordance with Chapter 78, P.L. 2011, (effective June 28, 2011)
all Township employees receiving health benefits shall pay a contribution
towards the cost of health benefits.
c.
Upon reaching the age of 65, the Township will reimburse Medicare
costs for eligible employees up to $250 per month with valid proof
of payment for 15 years.
d.
Employees eligible for benefits conferred by this subsection shall not be eligible for any other retiree health benefits including those set forth in Resolution § A-3 adopted November 30, 2006.
e.
The Township Administrator, and such other officials, employees,
agents of the Township of Wantage are hereby authorized and directed
to prepare and execute all necessary documents and perform all necessary
acts to implement this subsection.
f.
The Township Administrator, and such other officials, employees,
agents of the Township of Wantage are hereby authorized and directed
to prepare and execute all necessary documents and perform all necessary
acts to implement this subsection.
[Ord. 3/11/75; Ord. #94-15; Ord. #97-03]
The office of township administrator is hereby created in and
for the Township of Wantage pursuant to the provisions of R.S. 40A:9-136,
et seq.
The administrator shall receive such compensation as set forth
in the Wantage Township salary ordinance, and as the same may be amended
from time to time.
The township administrator shall act as the chief administrative
officer of the township and as such, shall be responsible for administering
the ordinances and policies adopted by the township committee by performing
the following duties, under the supervision and control of the mayor
and township committee:
a.
Review existing municipal policies and procedures and revise and/or
establish new procedures where necessary in order to make the township
government more efficient and effective in terms of serving the residents.
b.
Act as liaison between the township committee and all boards, committees
and commissions, and between the committee members.
c.
Coordinate the operation of all departments, offices, and agencies
of the township, in accordance with township committee policies and
direction; periodically report to the township committee regarding
the operation of all departments, offices and agencies of the township.
d.
Establish and administer sound personnel policies, procedures and
practices consistent with all laws, statutes, regulations and municipal
ordinances regarding the organization, supervision and evaluation
of all township personnel. Investigate at any time the affairs of
any officer or department of the municipality as necessary. The township
administrator shall have the authority to hire, evaluate, transfer,
promote, demote, and discharge all employees with the prior approval
of the township committee.
e.
Prepare and present a preliminary budget along with all supporting
data to the township committee in a timely fashion, as well as preparing
a temporary budget as necessary.
f.
Develop, implement and monitor procedures and practices in furtherance
of the sound fiscal operation of the township.
g.
Participate in the negotiation of collective bargaining contracts
in conjunction with, or at the direction of, the township committee.
h.
Recommend to the township committee, for adoption, such resolutions,
ordinances or policies as he may deem necessary in the best interest
of the township. Keep the committee advised of the financial conditions
of the municipality, and make reports to the committee as requested
by it.
i.
Act as the agent for the township committee in implementing township
policies and practices and in conducting the general affairs of the
township, including but not limited to, municipal purchases, the negotiation,
administration and enforcement of contracts, leases and franchises,
subject to approval of the township committee.
j.
Implement and enforce the policy of the township committee with respect
to releasing public information. Establish policies and procedures
for addressing public complaints concerning municipal services and
personnel. The policies and procedures shall be made available to
the public upon request.
k.
Establish a long-term plan in conjunction with the township committee
to meet the changing governmental needs of township citizens.
l.
Attend all meetings of the township committee.
m.
Make recommendations concerning the nature and location of township
improvements as determined by the township committee. Keep the township
committee informed of any projects, including but not limited to those,
receiving state or federal aid. Advise the committee of any other
aid programs for which the township may qualify.
n.
Perform all other duties as may be specifically assigned by the township
committee or as required by law.
Nothing in this section shall authorize the township administrator
to exercise the powers of the township committee, other than as set
forth herein.
The township administrator shall be appointed as set forth in
N.J.S.A. 40A:9-137.
Nothing herein contained shall derogate from the powers and
duties of the elective, appointive or other officials of the township
or of the boards and commissions thereof established pursuant to law,
nor shall the rights and tenure of any elected official be affected.
The term of office of the township administrator shall be at
the pleasure of the township committee as set forth in N.J.S.A. 40A:9-137
and 40A:9-138.
In the event the township administrator is appointed temporarily
or permanently to a position in the township requiring a bond, the
township administrator shall furnish a surety bond to be approved
by the governing body, said bond to be conditioned upon the faithful
performance of duties. The premium of said bond shall be paid by the
township.
During any approved absence or disability of the township administrator,
the township committee may, by resolution, appoint another individual
or any employee or officer of the township to temporarily perform
the duties and responsibilities of the township administrator. After
three months of such absence or disability, the position may be deemed
vacant upon adoption of a resolution of the township committee. Compensation,
if any, for duties performed for an appointment under this section
will be determined by the township committee.
The township administrator shall not engage in any political
activity, nor in any way hinder the fair and effective operation of
the public, nor destroy public confidence in the municipal government,
nor make any financial or other contribution to any local political
campaign.
This section shall be known and may be cited as "The Township
Administrator Ordinance."
If any section, subsection, sentence, clause, phrase or portion
of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions thereafter.
All ordinances or parts of ordinances or resolution inconsistent
with the provisions of this section are hereby repealed to the extent
of their inconsistencies.
[Ord. 5/13/75; Ord. #93-08]
The office of code enforcement officer/zoning officer for the
township is hereby created.
The code enforcement officer/zoning officer shall be appointed
by the township committee and shall hold office from the date of appointment
until December 31 following such appointment, and may be removed for
cause by the township committee upon written charges and after public
hearing.
The duties of the code enforcement officer/zoning officer shall
be to enforce all ordinances regulating matters affecting the health,
welfare and safety of the inhabitants of the township excepting such
ordinances as shall have designated certain officers as the enforcing
officers thereof, and in particular to enforce the provisions of the
ordinances relating to the following:
Litter
Unlicensed Motor Vehicles
Dance Halls and Discotheques
Outdoor Shows
Junk Yards and Junk Dealers
Solicitors and Canvassers
Building and Housing
Additional duties of the code enforcement officer/zoning officer are set forth in subsection 13-25.1 et seq. of the Zoning Ordinance and are incorporated herein by reference. The code enforcement officer/zoning officer shall also have the following duties:
The code enforcement officer/zoning officer shall investigate
all complaints for violations and all other violations which shall
come to his attention and shall give the person complained of or the
owner of the premises whereon the violation appears to have occurred
reasonable notice to correct or eliminate such violation. If such
violation shall not be corrected or eliminated within the time it
shall be the duty of such officer to make a complaint against such
person or property owner for such violation for hearing before the
municipal court of Wantage Township.
The code enforcement officer/zoning officer shall receive compensation
for services rendered and expenses incurred in accordance with regulations
established by the township committee.
The code enforcement officer/zoning officer shall be appointed
by the township committee in conformity with Civil Service regulations
and may be removed for cause by the township committee in accordance
with Civil Service procedures. The officer shall meet all of the qualifications
for said position as established by the New Jersey Department of Personnel.
Division of County and Municipal Government Services in force at the
time of appointment.
[Ord. #99-04; Ord. #00-06]
[1]
Editor's Note: Prior ordinance history includes Ordinance
Nos. 2/10/76 and 86-01.
a.
The public records of the township shall be opened for inspection
by members of the public as provided for by N.J.S.A. 47:1A-1. et seq.
Inspection shall be made only at reasonable times during business
hours and without interference with the conduct of the affairs of
the office or other place where the records are kept or maintained.
b.
In the event the public documents the party seeks to photocopy are
in excess of 25 pages, or if the documents are not readily available,
or if the copying of the records at the time the party requests copies
unreasonably interferes with the other duties of the custodian of
records, the custodian of records shall take the written request for
documents and provide the requested copies within five business days
of receipt of their request or advise within that time frame of such
time period as is reasonably necessary to locate and copy the requested
documents. All requests for public records shall be made on the forms
approved by the township committee.
Public records required by law to be kept shall be made available to the public and they shall have the ability during regular business hours and under the supervision of a representative of the custodian of records to copy such records by hand. The public shall also have the right to purchases of the records in accordance with the fee schedule provided for in section 21-3.
In the event the documents are to be provided in accordance
with subsection 2-13.1.b., the requesting party shall pay a deposit
in the amount of the anticipated retrieval and copying costs, plus
the cost of postage, if applicable. If a balance exists after the
work is completed, the requesting party shall pay the balance prior
to receiving the documents from the township.
In the event the custodian of records is uncertain whether a
specific document requested is a public document, the custodian shall
notify the township attorney who shall give an opinion as to whether
or not such document constitutes a public document.
Nothing in this section shall be construed to enlarge upon the
statutory or common law rights of citizens to inspect public records,
nor is this section intended to abridge or otherwise limit the public's
right of access. This section shall be construed in order to promote
the public purpose set forth in N.J.S.A. 47:1A-1, at the same time
protecting public records from loss, damage and disruption and provide
for the efficient functioning of the municipal offices without unduly
burdening such officers.
[Ord. 1/11/77]
The township committee shall appoint a municipal attorney who
shall be licensed to practice law in the State of New Jersey. The
term of such office shall be one year.
The township committee shall appoint a municipal engineer who
shall hold the license of a professional engineer issued by the State
of New Jersey. The term of such office shall be three years. His compensation
shall be on a fixed fee basis.
[Ord. #86-16]
Pursuant to the authority of N.J.S.A. 40A:9-146 there is hereby
created the position of deputy tax assessor in and for the Township
of Wantage.
Said deputy tax assessor shall hold a tax assessor's certificate
and shall act under the direct supervision of and assist the tax assessor.
During the incapacity of or absence from the municipality of the tax
assessor, the deputy tax assessor shall have and perform all of the
powers, functions and duties of the tax assessor.
The deputy tax assessor shall hold office for a term of four
years from the first day of July next following his appointment. Vacancies
other than due to expiration of term shall be filled by appointment
for the unexpired term.
[Ord. #85-01]
There is hereby created the office of deputy municipal clerk of the Township of Wantage pursuant to the provisions of Title 40A, Chapter 9, Section 135 of the New Jersey Revised Statutes (N.J.S.A. 40A: 9-135).
The township committee shall appoint a person to said office,
the term of which shall be for the period of year to commence on January
1 of the year of appointment. Any vacancy in said office shall be
filled by appointment for the balance of the term.
The compensation of the deputy municipal clerk shall be determined
by the governing body, provision for which shall be made in the ordinance
of the Township of Wantage relating to the salaries of municipal officers
and employees.
The powers, duties and functions of said office shall be the
same as those of the municipal clerk, and shall be performed only
during the absence or disability of the municipal clerk.
[Ord. #87-08]
There is hereby created an economic development commission which
will be known as the "Economic Development Commission of the Township
of Wantage." Said commission shall be advisory to the township committee
and township clerk-administrator and shall consist of not less than
five nor more than nine members.
a.
The commissioners shall be appointed within 90 days after adoption
of this section. The term of office shall be for three years; but
the initial appointments to said commission shall be for one, two
and three year terms so arranged that approximately one-third of the
total membership shall expire each year.
b.
The commissioners shall be appointed by the mayor with the advice
and consent of the governing body.
c.
The commission shall meet on a schedule devised by its members, but
not less than four times each year.
d.
A quorum shall consist of a majority of the whole number of members.
The commission shall organize within 30 days after the appointment
of its membership for the remainder of the then calendar year and
thereafter shall organize annually by the election of one of its members
as chairman. The commission shall also appoint a secretary, which
secretary need not be a member of the commission.
The commission shall have and perform the following duties:
a.
The development of plans and programs to encourage the expansion
and strengthening of existing business and commercial enterprises
in Wantage Township consistent with the best interests of the township
as a whole.
b.
The development of plans and programs which will attract new business
and commercial enterprises to the Township of Wantage which are in
the best interests of the township as a whole.
c.
The investigation, analysis and submission of regular reports to
the township committee and to the clerk-administrator on any obstacles
to the expansion of the industrial and commercial tax base of Wantage
Township.
d.
The making of recommendations to the township committee and to the
clerk-administrator regarding any ways or means by which the township
can assist in meeting the needs of any developments deemed appropriate.
e.
The economic development commission may designate one of its members
to be a liaison with the Sussex County Economic Development Commission
and the Office of Economic Development.
f.
The economic development commission may participate in appropriate
County and Regional Economic Development activities.
g.
The commission shall develop ways and means of promoting and attracting
Wantage Township's economic development assets for industry, resort-tourism,
transportation, governmental and other potential economic interests.
h.
The commission shall not exercise any power of condemnation and shall
not be authorized to pledge the credit of the Township of Wantage
or to create any debt against the township or in any manner act as
the agent of the township, except as specifically authorized by resolution
of the township committee.
i.
The commission is authorized to expend such monies as may be appropriated
for its use in the annual township budget to carry out the purposes
of the commission as hereinabove set forth.
j.
The commission shall make an annual report to the mayor and township
committee setting forth in detail its operations and transactions
for the preceding 12 months. The commission shall keep complete and
accurate records of its accounts, shall not exceed its budget, and
monies received from the Township of Wantage shall be expended only
for the purposes for which they have been appropriated.
No member, officer or employee of the commission shall be interested
directly or indirectly in or with respect to any business or industry
which may be contemplating settling within the Township of Wantage.
Each member and officer of the commission shall, before assuming
office, take and subscribe an oath that he will faithfully and impartially
discharge the duties of his office.
To effectuate its purposes the commission shall have the power
to adopt suitable by-laws for the management of its affairs and to
determine the qualifications and duties of its employees and to fix,
subject to the budget for the commission as adopted by the township
committee, the compensation to be paid to any of its employees.
[Ord. #90-01]
Pursuant to the authority of N.J.S.A. 40A:9-140.1, et seq.,
there is hereby created the position of chief financial officer in
and for the Township of Wantage.
The chief financial officer of the township shall have the duties
as defined in N.J.S.A. 40A:9-140.1, et seq., and N.J.S.A. 52:27BB-26,
et seq.
The term of the chief financial officer shall be at the pleasure
of the township committee subject to the provisions of N.J.S.A. 40A:9-140.1,
et seq.
The chief financial officer shall receive compensation as fixed
in the Wantage Township Salary Ordinance.
[Ord. #93-02; Ord. #93-04]
The Township of Wantage recognizes the Wantage Township First
Aid Squad as a volunteer organization authorized to provide first
aid, ambulance and emergency medical services to the residents of
Wantage Township in accordance with the provisions of this section.
a.
The officers of each volunteer first aid and ambulance squad certified
by the Wantage Township Committee as qualified to provide first aid,
ambulance and emergency medical services for the Township of Wantage
shall be responsible for the training of its members pursuant to the
provisions of N.J.S.A. 27:5F-27 and other applicable laws, rules and
regulations so that they are qualified to provide said services.
b.
The officers of each squad shall be responsible for maintaining ambulances
and ambulance equipment so that the same are qualified for emergency
medical service in accordance with N.J.S.A. 27:5F-27 and other applicable
laws, rules and regulations.
In accordance with the New Jersey Highway Safety Act, N.J.S.A.
27:5F-18 et seq. and to insure that the highest quality emergency
medical services are provided to the citizens of Wantage Township,
each squad seeking to supply first aid, ambulance and emergency medical
services within the Township of Wantage shall apply to the township
committee for certification.
In accordance with the New Jersey Highway Safety Act, a squad
applying for initial certification to the Wantage Township Committee
shall provide the following documents and information to the township
committee;
a.
A list of the names and addresses of all members presently certified
to provide emergency medical services and programs as prescribed by
the New Jersey State First Aid Council.
b.
A list of all ambulances owned or leased and ambulance equipment
presently certified to provide emergency medical services and programs
by the New Jersey State First Aid Council.
c.
Documents or copies of documents which verify that the members, ambulances
owned or leased and ambulance equipment listed are presently certified
and approved by the New Jersey State First Aid Council.
d.
A copy of the squad's current and approved certificate of incorporation.
A copy of the squad's by-laws is also required.
e.
The squad shall exhibit to the township committee at the time of
application for certification that it has a number of members who
are duly qualified and certified under the rules and regulations of
New Jersey State First Aid Council sufficient to provide adequate
emergency medical services for the residents of Wantage Township.
Upon receipt of the documentation required in subsection 2-19.4, in form and content, meeting the approval of the Wantage Township Committee, the township committee shall certify the squad, its ambulances and ambulance equipment are qualified to provide emergency medical services within the Township of Wantage.
The squad shall provide further documentation to the township
committee after it receives its initial certification from the township
committee as follows:
a.
It shall provide annually, not earlier than January 1st nor later
than January 31st, a complete list of all members, ambulances and
ambulance equipment duly certified and approved by the New Jersey
State First Aid Council.
b.
It shall present for approval by the governing body a list of duly
certified members, ambulances and ambulance equipment which may, from
time to time, be added by the squad to provide emergency medical services
and programs during the course of a calendar year. The names of new
members and ambulances shall be submitted to the governing body not
later than 30 days following certification by the New Jersey State
First Aid Council. Documents or copies of documents which verify certification
shall likewise be provided.
c.
It shall provide annually a listing of all presently certified squad
members who have successfully completed any training programs provided
or approved by the New Jersey State First Aid Council. Said listing
shall be provided not later than January 31st of each year.
d.
It shall maintain for continued certification a number of members
who are duly qualified and certified under the rules and regulations
of New Jersey State First Aid Council sufficient to provide adequate
emergency medical services and programs for the residents of Wantage
Township.
The squad shall apply annually to the Wantage Township Committee
on or before January 31st of the calendar year for recertification.
On receipt of the application for recertification and the documents
listed above in form and content meeting the approval of the Wantage
Township Committee, the township committee shall recertify that the
squad, its ambulances and ambulance equipment are qualified to provide
first aid, ambulance and emergency medical services within the Township
of Wantage.
The squad shall comply fully with the provisions of the New
Jersey Highway Safety Act of 1987, N.J.S.A. 27:5F-18 et seq. The squad
shall also comply with the regulations and requirements of the New
Jersey First Aid Council, including without limitation the requirements
for certification and recertification.
The squad, after receiving certification, shall enter into a
written agreement with the Township of Wantage agreeing to provide
first aid, ambulance and emergency medical services within the Township
of Wantage and containing other terms concerning the provision of
said services.
The squad is obligated to make an annual accounting to the Wantage
Township Committee of its receipts and expenditures. The squad shall
make its records available to the township committee or its authorized
representative if requested for examination and copying.
The township committee may from time to time designate the territory
within the Township of Wantage where each squad shall be the primary
provider of first aid. ambulance and emergency medical services. The
primary provider shall be the first squad dispatched to accidents
and emergencies within its territory.
Each squad certified by the township committee to render first
aid, ambulance and emergency medical services within the township
shall furnish mutual aid to all other squads so certified, upon request.
The squad will enter into written mutual aid agreements with all other
squads so certified and shall provide copies of those agreements to
the Wantage Township Committee.
The Township of Wantage may provide a squad with such apparatus
or equipment as the township committee deems necessary to maintain
full efficiency and to effect the proper protection of life, health,
safety and welfare of the people of Wantage. Title to any such equipment
purchased by the township and used by the squad shall be vested in
the Township of Wantage.
a.
No apparatus or equipment shall be permitted to be removed from the
Township of Wantage without the consent of the township committee
except in response to a call for first aid, transportation or emergency.
b.
No person shall use any municipal apparatus or equipment which is
used or maintained by a certified squad without proper authorization.
c.
No person shall without authorization enter any place where the ambulances
or equipment or apparatus is housed nor handle any such equipment
unless he is a member of the squad.
It shall be unlawful for any person to interfere with, attempt
to interfere with or obstruct or restrict the mobility of any certified
squad, vehicle or interfere with any member of said certified squad
performing squad business or furnishing first aid, ambulance or emergency
medical services.
During any emergency when no member of the State Police is present,
members of a certified squad may in the performance of their duties
and as necessary for the protection of life and public health, safety
or welfare, prohibit persons, vehicles or other objects from approaching
the scene of an emergency or accident and may remove or cause to be
removed from the scene any person, vehicle or object which may impede
or interfere with the operations of the squad.
Any person wilfully failing or refusing to comply with any lawful order or directive of a member of a certified squad, or who obstructs or interferes with said squad or members thereof in the performance of their voluntary duties, or who damages or defaces equipment utilized by the squad, or injures or attempts to injure any member of said squad shall, upon conviction thereof, be subject to the penalties provided in subsection 3-1.1 of the General Ordinances of Wantage Township.
If any section or other part of this section is adjudged unconstitutional
or invalid, the remainder of the within ordinance shall remain valid
and in full force and effect.
[Ord. #93-01]
a.
The Wantage Township Committee hereby approves a telecommunications
agreement between the Township of Wantage and the Township of Vernon,
the purposes of which are as follows:
Vernon Township will provide dispatching services for Wantage
Township for emergency services personnel including, without limitation,
the Wantage Township First Aid Squad, the Wantage Township Fire Department
and telephone calls to 911 when the 911 telephone number is activated.
b.
The mayor and the township clerk are hereby authorized and directed
to execute the attached agreement of behalf of the Township of Wantage.
[Ord. #93-16]
This section shall be known and may be cited as the Cooperative
Pricing Ordinance of the Township of Wantage.
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the mayor
is hereby authorized to enter into a Cooperative Pricing Agreement
with the lead agency created therein, to be known as the Sussex County
Cooperative Pricing Council, or any other contracting unit within
the County of Sussex or adjoining Counties for the purchase of work,
materials and supplies.
The clerk-administrator shall be designated as the representative
of the Township of Wantage to the Sussex County Cooperative Pricing
Council and shall be authorized to accept subsequent request for participation
in the agreement on its behalf.
The lead agency created in the agreement and the party to the
agreement designated by the lead agency to perform administrative
services on its behalf shall be responsible for complying with the
provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et
seq.) and all other provisions of the Revised Statutes of the State
of New Jersey.
[Ord. #94-11]
The office of township clerk is hereby created as a separate
office pursuant to the provisions of N.J.S.A. 40A:9-133 et seq.
The township clerk shall receive such compensation as set forth
in the Wantage Township salary ordinance, and as the same may be amended
from time to time.
The township clerk shall be appointed as set forth in N.J.S.A.
40A:9-133.
The duties of the township clerk are set forth in N.J.S.A. 40A:9-133
et seq.
The term of office of the township clerk is set forth in N.J.S.A.
40A:9-133 et seq.
The qualifications of the township clerk shall be as set forth
in N.J.S.A. 40A:9-133 et seq. and N.J.S.A. 40A:9-133.2.
[Ord. #94-11]
The office of township tax collector is hereby created as a
separate office pursuant to the provisions of N.J.S.A. 40A:9-141 et
seq.
The township tax collector shall receive such compensation as
set forth in the Wantage Township salary ordinance, and as the same
may be amended from time to time.
The township tax collector shall be appointed as set forth in
N.J.S.A. 40A:9-141.
The duties of the municipal tax collector shall be the collection
of taxes for the township as set forth in N.J.S.A. 40:56-31 and other
applicable law.
The term of office of the township tax collector is set forth
in N.J.S.A. 40A:9-142 et seq.
The qualifications of the township tax collector shall be as
set forth in N.J.S.A. 40A:9-141 et seq and N.J.S.A. 40A:9-145.7.
[Ord. #94-11]
The office of township tax assessor is hereby created as a separate
office pursuant to the provisions of N.J.S.A. 40A:9-146 et seq.
The township tax assessor shall receive such compensation as
set forth in the Wantage Township salary ordinance, and as the same
may be amended from time to time.
The township tax assessor shall be appointed as set forth in
N.J.S.A. 40A:9-146.
The duties of the municipal tax assessor shall be the assessment
of property for the township as set forth in N.J.S.A. 40A:9-148.1
et seq.
The term of office of the township tax assessor is set forth
in N.J.S.A. 40A:9-148 et seq.
The qualifications of the township tax assessor shall be as
set forth in N.J.S.A. 40A:9-148.1.
[Ord. #93-19]
a.
The Township of Wantage (hereinafter "the local unit") wishes to
become a member of the Statewide Workers Compensation Fund (hereinafter
the "Fund"), a joint insurance fund as defined in N.J.S.A. 40A:10-36
et seq.; and
b.
These statutes and regulations regulating the creation and establishment
of a joint insurance fund contain elaborate restrictions and safeguards
concerning the safe and efficient administration of such a fund; and
c.
The Fund is by its bylaws authorized to take on the risks of self-insurance;
and
d.
The local unit has determined that membership in the Fund is in the
best interest of the local unit.
The Township of Wantage hereby agrees to become a member of
the Fund for a period commencing upon (a) the approval of the admission
of the local unit by the Fund's Commissioners or Executive Committee,
as appropriate, (b) by the approval of the admission of the local
unit into the Fund by the Commissioner of Insurance, and (c) final
approval by the local unit of the bylaws and Risk Management Plan
as approved by the Commissioner of Insurance.
The local unit agrees to become a member of the Fund until December
31, 1996.
The local unit's participation in the Fund shall be for the
purpose of providing primary insurance coverage for workers' compensation
on a self-insured basis, in accordance with the Fund's Risk Management
Plan and bylaws.
The bylaws of the Fund are hereby adopted and approved by the
local unit as same have been approved by the Department of Insurance.
The mayor of the local unit or such other appropriate administrative
officials are hereby authorized and directed to execute a written
agreement signifying application for membership in the Fund and to
execute such other agreements, including but not limited to, an indemnity
and trust agreement in order to implement membership by the local
unit in the Fund, subject to the adoption of this section by the Wantage
Township Committee approving membership in the Fund pursuant to the
Interlocal Services Act, N.J.S.A. 40:8A-1 et seq. and the Local Public
Contracts Law, N.J.S.A. 40A:11-10 et seq. and compliance with the
provisions of the Local Public Contracts Law with regard to professional
services, N.J.S.A. 40A:11-5 et seq.
A copy of the indemnity and trust agreement is on file with
the Wantage Township Clerk at the Wantage Township Municipal Building,
888 Route 23, Wantage, New Jersey and is open to public inspection
between the hours of 9:00 a.m. and 4:00 p.m. weekdays.
[Ord. #98-02]
The position of principal public works manager is hereby created
pursuant to the provisions of N.J.S.A. 40A:9-154.6a, et seq., the
duties of the principal public works manager shall include, but not
be limited to, performing administrative and supervisory duties related
to the installation, maintenance and repair of public works facilities
or assisting in the planning, organizing, directing of all programs
related to public works activities or any combination of these activities.
The principal public works manager shall possess a valid Certified
Public Works Manager Certificate as provided for under N.J.S.A. 40A:9-154.6c.
The principal public works manager shall serve at the pleasure
of the township committee.
The principal public works manager shall receive such compensation,
if any, as set forth in the Wantage Township Salary Ordinance, as
same may be amended from time to time.
[Ord. #00-11]
The position of constable is hereby created pursuant to N.J.S.A.
40A:9-120 et seq. The township committee may appoint one person to
serve as constable.
In order to serve as constable, the candidate must be a resident
and qualified voter of the township for at least three years prior
to appointment. The constable must take the constable's oath provided
for by N.J.S.A. 40A:9-124.
The constable must qualify within 30 days of appointment and
shall hold the office for a term of one year or until a successor
is appointed by the township committee, meeting the qualifications
under this section and the New Jersey Statutes.
A constable's bond shall be posted pursuant to N.J.S.A. 40A:9-125.
The amount of such bond shall be as determined by the township committee
and the cost of the bond shall be borne by the township.
The constable shall be responsible for enforcing Wantage Township General Ordinances. section 3-2. Litter and Junk. Additionally, the constable shall have the responsibility for enforcing the township's parking ordinances as provided for by Wantage Township Ordinances, section 7-3, including the related schedules. The constable's responsibilities shall include investigating and enforcing violations of the sections referenced in this section as well as filing and prosecuting, along with the township prosecutor, complaints in the municipal court. The constable shall not have sole authority for handling matters referenced in this section but shall share such powers with the New Jersey State Police, Sussex County Sheriff's Office and such other law enforcement entities that may be authorized to act within the township.
The constable shall receive such compensation, if any, as determined
by the Wantage Township Committee in the appropriate salary ordinance.
[Ord. #00-17]
In the event a resident of the Township of Wantage dies as an
indigent within the Township of Wantage, the township shall pay, to
the extent the funeral expenses are not paid by relatives of the decedent
or from other sources, the resident's reasonable funeral expenses
to the extent of 75% of the amount paid by Social Security insurance
or the actual funeral expenses, whichever is less. Additionally, in
the event decedent is to have a ground burial, the township shall
pay up to 75% of the Social Security Insurance Ground Burial Benefits
or the actual ground burial costs, whichever is less.
An indigent may be cremated provided a qualified relative consents to the cremation, as required by law. The amount payable for cremation shall not exceed the amount set forth in subsection 2-28.1.
The determination as to whether or not the decedent is indigent
shall be made by the township administrator or such other person designated
by the administrator responsible for reviewing indigent funeral expenses
on behalf of the Township of Wantage. The determination shall be made
in accordance with New Jersey Statutes or regulations concerning the
criteria for establishing indigence.
[Ord. #01-03]
There is hereby established in the township a public water and
sewer utility to be designated as the "Wantage Township Water and
Sewer Utility."
The water and sewer system shall be operated by the township as a municipal public utility to be operated pursuant to the provisions of Title 40A of the New Jersey Statutes. All fees and charges shall be as provided for in the Wantage Township Fee Ordinance (Chapter 21 of the Revised General Ordinances). All fees and charges received by the township in connection with the water and sewer utility shall be deposited in a dedicated account designated as the "Wantage Township Water and Sewer Utility Fund" and used only for the purposes of such municipal utility, pursuant to N.J.S.A. 40A:4-62.
The Wantage Township Committee shall have complete supervision
and control over the water and sewer utility with the assistance of
the township administrator.
Initially the township will not be directly providing any water
or sewer service and will be providing these services through an interlocal
service agreement with Sussex Borough for use of Sussex's water and
sewer systems. As such, the standards for connecting to the water
and sewer system, as well as any prohibitions or limitations in regard
to use of the water and sewer system shall be as provided for in Sussex
Borough's ordinance.
Wantage's involvement shall be solely limited to collecting
and turning over water and sewer user charges billed by Sussex Borough
to the system users to Sussex Borough.
Wantage reserves the right to construct its own water and sewer
system in the future, which would include construction, acquisition
and maintenance.
[Ord. #2002-08]
For the purposes of this section, unless the context clearly
indicates a different meaning:
Shall mean a present or former municipal employee, appointee,
official, elected official or member of the various boards, agencies
and commissions of the Township of Wantage whether full or part time,
appointed, elected or hired.
Pursuant to the provisions of N.J.S.A. 59:10-1 et seq. and subject
to the provisions of this section, the Township of Wantage is authorized
to provide for the defense of actions brought against its municipal
officials and shall indemnify such officials to the extent permissible
by law and shall save harmless and protect such persons from financial
loss resulting from litigation. Such indemnification shall arise out
of any action or legal proceeding of a noncriminal nature directly
related, or incidental to, the performance of the duties of the position
or office held by such municipal official. The Township of Wantage
may indemnify an official for exemplary or punitive damages resulting
from the official's civil violation of State or Federal law, if, in
the opinion of the committee of the Township of Wantage the acts committed
by the official upon which damages are based did not constitute actual
fraud, actual malice, willful misconduct or an intentional wrong.
The township shall not defray the cost of defending any criminal
action against any municipal official except as may be authorized
by State statute or other municipal ordinance or resolution of the
Township of Wantage, and in those circumstances, the responsibility
for defraying the cost of defending such employee shall be applicable
only when such criminal proceeding shall have been dismissed or result
in a final disposition in favor of the municipal official. However,
should the township committee determine that there is good cause to
dismiss the employee arising out of the incident(s) giving rise to
the criminal prosecution, the township will not reimburse the municipal
official for legal defense and costs in defending this suit, even
though criminal proceedings against the employee may be dismissed
or the employee found not guilty.
The municipal official shall not be entitled to indemnification
or reimbursement pursuant to this section unless within 10 calendar
days of the time such official is served with any summons, complaint,
process, notice, demand or pleading, the official delivers the original
or a copy thereof to the township attorney. The municipal official
shall be obliged to cooperate with the township in the conduct of
the official's defense. Whenever competent and disinterested legal
counsel is available to the township through any insurance coverage,
the municipal official shall be obliged to be represented by such
counsel. If the township wishes to use the township attorney or the
attorney for any board or committee of the township to defend that
action, the municipal official shall be obligated to be represented
by that attorney unless there is a conflict of interest. The refusal
of the municipal official to cooperate with the township shall terminate
the township's obligation to reimburse the municipal official.
If the township committee determines to provide a defense as
authorized by this section, it may do so by:
a.
Hiring an attorney of its choice; or
b.
Reimbursing the municipal official for reasonable attorney's fees
and costs incurred in connection with the defense of the act.
A resolution shall be adopted appointing counsel for the defense
and determining counsel fees. The hourly rate shall not exceed the
then rate paid to the township attorney without a written resolution
of the committee.
Nothing in this section shall preclude the township and/or township
attorney from demanding and reviewing periodically any costs and attorney's
fees in connection with the defense of the municipal official. In
the event a dispute over attorney's fees arises, the township reserves
the right to submit the dispute to the fee arbitration committee of
the district or pursue any other course of legal action.
The township shall not be obligated to provide reimbursement
in the following instances:
a.
Where the act or omission was not within the scope of employment
or authority;
b.
Where the act or omission complained of was because of actual fraud,
willful misconduct or actual malice;
c.
Where the legal proceeding is instigated or brought by the township
of Wantage against the municipal official;
d.
Where the legal proceeding involves a question concerning the election
laws;
e.
Where the action is brought against the township by the municipal
official. If any such legal proceeding shall be dismissed or finally
determined in favor of the municipal official or employee, the official
or employee shall be reimbursed for the expense of the defense providing
(a) the employee proves that the act or omission was within the scope
of employment or authority and (b) the township fails to prove the
act or omission complained of was because of actual fraud, willful
misconduct or actual malice.
f.
Where the defense of the action or proceeding would constitute a
conflict of interest between the township and the municipal official.
g.
Where the defense of the action or proceeding is covered by an insurance
policy or policies, however, the township shall be responsible for
the cost of the deductible.
h.
The municipal official has failed to fully cooperate with the defense.
i.
Where the act or omission is in violation of the New Jersey Local
Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., or any ethics
code adopted pursuant to the statute.
The township shall have exclusive control over the representation
of the municipal official and such person shall cooperate fully with
the township and the designated attorney, provided, however, that
the municipal official may at any time at the municipal official's
option take control of the representation by waiving all rights to
indemnification and all rights to payment for the defense costs.
The amount the township is obliged to reimburse the municipal
official shall be reduced by any insurance coverage payable to the
municipal official by the net amount (that is, any recovery less attorney's
fees, disbursements and court costs), of any money received by the
municipal official in any counteraction against the person or persons
bringing the action against him.
If the legal proceeding is terminated by an agreement among
or between the parties, then the township shall not be obligated to
reimburse the municipal official unless the township approves the
settlement agreement.
If the municipal official files a counterclaim or crossclaim
in the legal proceedings, the township shall not be obligated to reimburse
for any attorney fees or court costs attributable to such.
The obligation of the township to reimburse a municipal official
for expenses shall arise upon final determination of the legal proceedings.
In its discretion the township may reimburse a municipal official
for a portion of expenses incurred prior to a final decision.
[Ord. #2002-11]
a.
The attached Tort Claims Act Notice form shall be and is hereby adopted
as the official tort claim notice form for the Township of Wantage.[1]
[1]
Editor's Note: The form referred to herein is included as an attachment to this chapter.
b.
All persons making claims against the Township of Wantage, its officers,
employees, agencies or departments, pursuant to the New Jersey Tort
Claims Act, N.J.S.A. 59:1-1 et seq. are required to complete the form
adopted by this section as a condition of compliance with the New
Jersey Tort Claims Act Notice requirements.
[Ord. #2002-10]
A length of service awards program is hereby created in accordance
with N.J.S.A. 40A:14-183 et seq.
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each member of the Wantage Township Volunteer
Fire Department and First Aid Squad that meets the criteria set forth
below. Such contributions shall be made in accordance with a plan
that shall be established by the Township of Wantage and shall be
administered in accordance with the laws of the State of New Jersey,
the United States Internal Revenue Service and this section.
b.
The annual contribution shall be $500 per eligible member per qualifying
year.
c.
The estimated total cost of the program annually has been calculated
as follows:
Wantage Volunteer Fire Department:
77 members x $500 per member = $38,500
Wantage Volunteer First Aid Squad:
50 members x $500 per member = $25,000
Sussex Volunteer Fire Department:
50 members x $500 per member = $25,000
Total Program Cost: $88,500
Wantage Township shall be responsible for 72% of this total
annual cost, calculated to be $63,720.
This section shall not take effect unless it is ratified by
the voters of both the Township of Wantage and the Borough of Sussex,
as a public question at the next General Election as provided by law.[1]
Each active volunteer member shall be credited with points for
volunteer services provided to the Wantage Township Volunteer Fire
Department or First Aid Squad in accordance with the following schedule:
See Attached Schedule A for the Points Schedule of the Wantage
Township Volunteer Fire Department.[1]
See Attached Schedule B for the Points Schedule of the Wantage
Township First Aid Squad.[2]
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[Ord. #2006-20]
[Ord. No. 2006-20 § 1]
There is hereby created a Wantage Township Open Space Trust
Fund, whose purposes are set forth below.
[Ord. No. 2006-20 § 2; Ord. No. 2015-02]
The purposes of the Wantage Township Open Space Trust fund are
as follows:
a.
To acquire lands/properties within the Township for active and/or
passive recreation and conservation purposes;
b.
To develop lands/properties acquired within the Township for active
and/or passive recreation and conservation purposes;
c.
To assist in the preservation of farmland within the Township wherein
there is a funding necessity, either through matching grants for farmland
preservation/acquisition or through funding for the reservation of
farming privileges and/or the acquisition of development rights as
established by State law and/or the Sussex County Board of Chosen
Freeholders or their designees;
d.
Maintenance of lands acquired for recreation and conservation purposes;
and/or,
e.
To provide funding for the payment of debt service related to appropriations
in accordance with the paragraphs a through d above.
The funding source for the township open space trust fund shall
be the establishment of a separate township tax line item at an annual
rate not to exceed $0.02 per $100 of ratables for each and every taxable
property located within the township. The rate shall be set every
year by the township committee, by resolution, during the existence
of the township open space trust fund, no later than the meeting at
which the township budget shall be introduced. The township chief
financial officer, the township auditor, the township tax collector
and the township tax assessor, where applicable, shall assist the
township committee in the annual creation/collection of this open
space tax.
The determination of how the township open space trust fund
shall be expended at any time shall be at the sole discretion of the
township committee and they shall be the final determiners of the
allocation(s) of the trust fund during its existence. The township
reserves the right to establish an open space advisory committee to
assist the township in addressing the provisions of this section.
The provisions of taxation to create and fund open space trust
fund and the existence of the township open space trust fund shall
cease to exist at the close of business on December 31, 2016, unless
the township committee extends the duration of this section.
[Ord. #2008-09]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the defined contribution
retirement program:
Individuals serving in the following positions are exempt from
defined contribution retirement program membership, pursuant to N.J.S.A.
43:15C-2:
If an individual is appointed to one of the positions listed in subsection 2-34.1 and the individual is not serving in a position as described in subsection 2-34.2 above, the pension certifying officer of the municipality may determine that the individual is not required to join the defined contribution retirement program if that individual:
a.
Was an active participant in the Public Employee Retirement System
on July 1, 2007 and has continuously been a member since that time
or has been appointed pursuant to a valid promotional process; or
b.
Is appointed on a temporary, interim, or "acting" basis to a position requiring State certification as set forth in subsection 2-34.2 herein, and is in pursuit of the required certification.
c.
Meets such other exceptions that may be approved by the Local Finance
Board or the Division of Pensions and Benefits.
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2997 (N.J.S. 43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #2009-01]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the Township of Wantage's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity or entities responsible for administering
the affordability controls of some or all units in the affordable
housing program for the Township of Wantage 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 the Township of Wantage.
a.
Establishment of position of municipal housing liaison. There is
hereby established the position of municipal housing liaison for the
Township of Wantage.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the municipal housing liaison shall be selected by a resolution of
appointment to be adopted by the mayor and committee of the Township
of Wantage.
c.
The municipal housing liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Wantage, including the following responsibilities which may not
be contracted out:
1.
Serving as the Township of Wantage'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 the Township of
Wantage'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 Township of Wantage as described in
paragraph f below.
d.
Subject to approval by COAH, the Township of Wantage 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 Township of
Wantage. If the Township of Wantage 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.
The Municipal Housing Liaison shall assist the administrative agents
in their duties, including, as needed, regarding:
1.
Affirmative marketing;
2.
Household certification;
3.
Affordability controls;
4.
Resale and rental;
5.
Processing request from unit owners; and
6.
Enforcement.
The municipal housing liaison shall have authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
[Ord. #2010-12]
In accordance with N.J.S.A. 40A:9-12.1, any elected officer
or member of a board, committee or commission who fails to attend
and participate at meetings, without being excused, for a period of
eight consecutive weeks, or for four consecutive regular meetings,
whichever shall be of longer duration, shall be deemed to have vacated
their position. If a vacancy of any class shall occur otherwise than
by expiration of term, it shall be filled by appointment as provided
by law for the unexpired term.
The time and attendance policies as they relate to all permanent
and part-time employees of the Township of Wantage are hereby ratified
and codified by ordinance.
[Ord. No. 2014-13]
All full-time and part-time employees and elected public officials who receive compensation from the Township of Wantage are mandated to have direct deposit of their compensation as of July 1, 2014 in accordance with Chapter 28 P.L. 2013, as defined under C.52:14-15f(b).
[Ord. No. 2014-13]
Seasonal and temporary employees who are employed by the Township may be exempt from the direct deposit mandate according to subsection 2-37.3.
[Ord. No. 2014-13]
Municipal employees may request, in writing, an exemption from
the direct deposit mandate to the Wantage Township Chief Financial
Officer. Such requests will be presented to the Township Committee
at their next scheduled meeting of the Township Committee. The Township
Committee may grant such an exemption by resolution and only for good
cause.
