[1983 Code §§ 51-1 - 51-3; New; N.J.S.A. 40A:9-12.1]
A.
AGENCY
INCUMBENT
MEMBER
OFFICE
Definitions. As used in this section:
The body comprised of a group of individuals appointed by
the Mayor or Mayor and Borough Council and exercising a legislative,
administrative or advisory function in the Borough of Pompton Lakes.
This definition shall not include the Mayor and Borough Council.
The person presently appointed as a member of an agency.
Any person appointed to any agency, including but not limited
to, the term "Commissioner" and "delegate," but not including an employee
thereof.
The position to which the member has been appointed on the
agency.
B.
Vacancies of office. The office of a member of an agency shall be
deemed vacant:
1.
Upon its being so declared by virtue of judicial determination.
2.
Upon the death of the member.
3.
Upon determination by the Mayor and Borough Council that the member
no longer resides within the corporate limits of the Borough of Pompton
Lakes unless residency is specifically excepted as a requirement for
membership on the agency.
4.
Upon refusal of the member to qualify or serve.
5.
Upon judicial determination that the member has become physically
or mentally incapable of serving.
6.
Upon filing of a written resignation with the Municipal Clerk by
the member.
7.
Pursuant to N.J.S.A. 40A:9-12.1, in the case of a member of a board,
committee, commission, authority or other agency, whenever the member,
without being excused by a majority of the authorized members of such
body, fails to attend and participate at meetings of such body for
a period of eight consecutive weeks, or for four consecutive regular
meetings, whichever shall be of longer duration, at the conclusion
of such period, provided that such body shall notify the appointing
authority in writing of such determination; provided, further, that
such board, committee, commission, authority or other agency may refuse
to excuse only with the respect to those failures to attend and participate
which are not due to legitimate illness.
8.
Whenever the member fails to meet specific attendance requirements
as adopted by the agency subject to review and approval of the Mayor
and Borough Council and in compliance with the terms and thresholds
as established by N.J.S.A. 40A:9-12.1.
[1983 Code §§ 23-1 - 23-2]
A.
Findings and purpose. The Township of Wayne has created, pursuant
to Township Ordinance No. 22-2007, a Central Passaic River Basin Flood
Commission, pursuant to the provisions of N.J.S.A. 40:14-16 et seq.;
and the Township of Wayne has invited the Borough of Pompton Lakes
to participate in said Commission.
B.
Borough participation. The Borough of Pompton Lakes shall be an active
member of said Commission, to be governed by the rules and regulations
of the state and the ordinance of the Township of Wayne.
[Amended 2-13-2008 by Ord. No. 08-02; Ord. No. 2014-07; N.J.S.A. 10:4-6; 1983 Code §§ 23-3 - 23-10]
A.
Purpose. The purpose of this section is to establish a Flood Advisory
Board that will advise the Mayor and Borough Council on matters of
flood control that affect the Borough.
B.
Creation; membership; terms of office.
1.
There is hereby created and established a Flood Advisory Board for
the Borough of Pompton Lakes which shall consist of 10 members, to
be appointed by the Mayor with the advice and consent of the Borough
Council from residents who have expressed an interest in flood control
and mitigation.
2.
A member of the Borough Council shall act as liaison for the Flood
Advisory Board and shall be designated as an official member of the
Board and shall be responsible for coordinating the efforts of the
Board with the Mayor and Council. Said Council member shall hold a
one-year term and shall be appointed each subsequent year in the manner
by which appointees are made pursuant to the Mayor and Borough Council
Bylaws and the requisite statutes.
3.
The term of office for each member of the Flood Advisory Board shall
be three years.
C.
Organization; meetings; bylaws; approval of rules and regulations
by Mayor and Council.
1.
The members of the Flood Advisory Board shall meet at least one time
in the month of January of each year and the reorganization meeting
of the Flood Advisory Board shall be conducted at the first regularly
scheduled meeting of the Board in each January and the Board shall
select a Chairman, Vice-Chairman and Secretary annually by a majority
vote of the entire membership. The Chairman, Vice Chairman and Secretary
shall serve until the first day of January next following their respective
appointment and until their successors shall be appointed and shall
qualify. Vacancies in the office of Chairman, Vice-Chairman or Secretary
shall be filled in a like manner for the unexpired term only.
2.
The Secretary shall be required to maintain the records of the Board
and shall be responsible for keeping the minutes and the attendance
at meetings and compliance with the Open Public Records Act (N.J.S.A.
47:1A-1) and Open Public Meetings Act.
3.
The Council liaison to the Flood Advisory Board shall be a voting
member.
4.
The Board shall meet at least 10 times per year and at such other
times that the Board deems necessary.
5.
The Board shall establish bylaws which shall guide the conduct of
the Board at its meetings. The bylaws shall be adopted within three
months of the organizational meeting of the first Advisory Board.
6.
All meetings shall be open to the public and shall have at least
one portion open for public comment. For any meeting to be conducted
there must be at least six members present to make a quorum.
7.
Any rules or regulations concerning the development and use of land
must first be approved by adoption of the ordinance by the Mayor and
Borough Council before they will have any force or effect on said
land or use of land.
D.
Attendance. Any Board member not attending three consecutive regularly
scheduled meetings, or who does not attend any four regularly scheduled
meetings during a calendar year shall be required to show cause before
the Mayor and Borough Council as to why he should not be removed as
a Board member to meet the Board attendance requirements.
E.
Powers and duties. The Board shall have the following powers and
duties:
1.
To pursue whatever means necessary to alleviate, curtail, solve or
prevent problems relating to flooding within the Borough and to recommend
policy and practice to the Council to effectuate the purposes of this
section, subject to approval of the Mayor and Borough Council.
2.
To confer with appropriate municipal, County, state, federal and
private agencies concerned with programs regarding flooding for the
purpose of improving the scope and efficiency of flood control within
the Borough.
3.
To coordinate with the Borough Administrator to contact any individual
or public or private agency for the purpose of securing any funds
that may be deemed necessary or convenient for the carrying out of
flood control within the Borough, subject to the approval of the Mayor
and Borough Council.
4.
The Flood Advisory Board will be responsible for identifying properties
available for purchase within the floodplain and their potential for
acquisition as established by policy of the Mayor and Borough Council.
5.
To make, amend and rescind rules, regulations and bylaws for its
own operation, subject to formal acceptance by the Mayor and Borough
Council at the discretion of the Mayor and Borough Council.
6.
To report upon its activities and recommendations and plan for the
publication and delivery of same to the Mayor and Borough Council
annually and at such other times as the governing body shall request
or as the Board shall deem advisable.
F.
Cooperation with other agencies; approval of certain expenditures.
All municipal departments, offices, advisors and employees shall cooperate
with the Board in furnishing such reports and information as the Board
shall deem necessary to carry out the functions and purposes of the
Board, subject to approval of the Mayor and Borough Council. If the
cost for providing services, reports or information to be paid by
the Borough exceeds $100 in the aggregate per annum, then the Board
must apply by way of voucher and receive a written resolution from
the Mayor and Borough Council before that expenditure can be made
by the Board.
G.
Cooperation with Borough Administrator. The Borough Administrator
shall assist the Board in identifying and soliciting all available
sources of funding relating to flood control. The Borough Administrator
shall work with the Board and submit to the Board any documents or
programs and their related submission or deadline dates as pertaining
to such matters.
H.
Enactment. This section shall supersede and dissolve any other committee
or advisory board dealing with flood control or advisory committee
dealing with flood control. The powers of this Advisory Board do not
authorize the expenditure of any monies in excess of $100 per annum
by the Advisory Board or any of its members, unless specifically approved
by voucher and by resolution of the Mayor and Borough Council. It
shall be an ultra vires act if the Board or any of its members enters
into a contractual arrangement, in excess of the costs approved herein,
without prior written approval by way of resolution of the Mayor and
Borough Council.
[1983 Code §§ 26-1 - 26-3]
A.
Establishment; composition. There shall be a local Board of Health
for the Borough of Pompton Lakes to consist of seven appointed members.
B.
Terms of office. The members of the Board shall be appointed by the
Mayor with the advice and consent of the Borough Council for a term
of three years, except in case of vacancy other than by expiration
of term, which shall be filled by appointment for the unexpired term.
C.
Organization; officers and employees. The Board shall organize annually
in January each year as soon after the annual organization meeting
of the Mayor and Borough Council as may be feasible and shall organize
and elect, by majority vote of all of the members of the Board and
from its members, a President and a Vice President. The Board may,
by resolution, appoint such officers and employ such agents as may
be authorized by law or as in its judgment may be necessary for the
more efficient protection of the health of the Borough.
See Chapter 17 of the Borough Code for the establishment of the Pompton Lakes Historic Preservation Commission.
[Ord. No. 2016-10]
A.
Establishment. There being a need to monitor, review, develop and
make recommendations to the governing body regarding the environmental
quality and protection of the land, water and air of the Borough of
Pompton Lakes and the potential impacts of environmental issues on
the quality of life of the residents of the Borough, the Mayor and
Council have determined that it is appropriate and necessary to establish
and continue a committee as hereafter set forth. The Committee shall
be known as the Environmental Protection Committee. The Committee
shall be a recognized member in good standing of the Association of
New Jersey Environmental Commissions and the dues for said membership
shall be provided in the Borough budget on an annual basis.
B.
Membership.
1.
The Committee shall be comprised of seven members, one of whom shall
be a member of the Borough Council. All members shall be residents
of the Borough.
3.
Members who are not Council members shall be appointed by the Mayor,
with the advice and consent of the Council. The Council member shall
be appointed in accordance with the provisions of the By-Laws set
forth in the Borough Administrative Code. Vacancies shall be filled
for the unexpired term in the same manner as appointments are made.
4.
The chair of the Committee shall be chosen by the committee.
C.
Duties and responsibilities. The committee shall have the following
duties and responsibilities.
1.
Obtain and provide to the Mayor and Council information concerning
those causes and effects constituting potential hazards to the environment
and its ecology including but not limited to noxious fumes, chemical
waste, pesticides, noise, litter and such other matters as the committee
determines may qualify as a potential environmental hazard.
2.
Enquire into environmental programs of the Federal, State and County
governments and of other municipalities and apprise the Mayor and
Council of such programs which may apply to or may be adopted by the
Borough.
3.
Monitor the Borough existing programs and efforts which relate to
the preservation and improvement of the environment and make recommendations
to the Mayor and Council concerning same.
4.
Recommend new or additional programs which may supplement existing
Borough programs to the Mayor and Council.
5.
With the approval of the Mayor and Council, conduct and supervise
Borough programs of education, including the dissemination of printed
matter, videos and other sources. With the approval of the Mayor and
Council, utilize local news media and enlist active citizen support.
6.
Gather and present to the Mayor and Council facts and statistics
that may be of value to the Borough and specifically to the Borough
environmental officer.
7.
Report to the Mayor and Council the need for remedial action of suspected
violations of any federal, state or local law relating to environmental
issues.
8.
Institute, foster and support programs, undertakings and projects
that shall assist the residents of the Borough relating to matters
affecting the environmental health of the Borough and its residents
and, with the approval of the Mayor and Council, enlist the active
participation and support of residents in a continuing effort to protect,
preserve and improve the environment of the Borough and its ecology.
9.
Make recommendations to the Borough Administration and governing
body regarding all matters established in items 1 through 8. The Committee
shall report to the governing body at least once yearly regarding
issues relating to their duties and responsibilities.
[Ord. No. 2016-15; Ord. No. 2018-12; Ord. No. 2018-27; New;
1983 Code §§ 34-1 — 34-6]
A.
Establishment; appointment of members; terms of office; vacancies.
[Amended 5-8-2019 by Ord. No. 19-16]
1.
There is hereby established an Open Space, Parkland and Recreational
Facilities Advisory Committee, hereafter called the "Committee."
2.
Regular members. The Committee shall be comprised of seven regular
members being the Mayor or Councilperson designee, who shall be the
Chairperson, and one public member from each of the six voting wards
who shall be appointed by the Mayor with the advice and consent of
Council. The Mayor or designee shall serve for the term of the Mayor
(or designee if shorter than the Mayor). Each public member shall
serve until the next Borough Reorganization Meeting held after their
appointment.
3.
Ex officio members. The ex officio members of the Committee shall
be: two Councilpersons to be selected by the Council who shall serve
for their term (one in the event the Mayor designates a Councilperson
to act in the Mayor's stead); the Environmental Officer who shall
serve while holding such position; a member of the Planning Board
to be selected by the Planning Board and who shall serve while a member
of the Planning Board; a member of the Zoning Board of Adjustment
to be selected by the Zoning Board and who shall serve while a member
of the Zoning Board; a member of the Flood Advisory Board who shall
be appointed by the Flood Advisory Board and who shall serve while
a member of the Flood Advisory Board; a member of the Shade Tree Commission
to be appointed by the Shade Tree Commission and who shall serve while
a member of the Shade Tree Commission; a member of the Environmental
Protection Committee to be appointed by the Environmental Protection
Committee and who shall serve while a member of the Environmental
Protection Committee; and a member of the Recreation Commission to
be appointed by the Recreation Commission and who shall serve while
a member of the Recreation Commission. The ex officio members shall
have the right to fully participate in the conduct of the Committee
including the right to make motions, discuss motions and vote on all
questions in such instances where the ex officio member has attended
all prior meetings pertaining to or read the minutes of all prior
meetings pertaining to the subject matter being considered.
4.
Quorum. A quorum shall consist of a simple majority of regular members.
Ex officio members shall not count toward the composition of a quorum.
5.
Vacancies. In the event of a vacancy in any seat, a member shall
be appointed to fill the seat for the unexpired term in accordance
with the manner that members are appointed set forth above.
B.
Organization; meetings. The Mayor shall chair the Committee and,
in his absence, the Councilperson sitting with the most years in elected
office shall serve as substitute Chairperson in the Mayor's absence.
In the event both members of the Council have the same number of years
in office, the Mayor shall designate one of the Councilpersons as
the First Alternate Chairperson and the other Councilperson as the
Second Alternate Chairperson. The Committee at their first meeting
shall designate a Secretary who shall record the meetings and receive
all mailings to the Committee. The Committee will establish a schedule
of meetings with no less than one meeting per month. The schedule
shall be given to the Municipal Clerk who will publish the schedule
of meetings to allow for attendance by the public. The Committee shall
be governed by the procedures outlined in Robert's Rules and may limit
public comment to five minutes for each person speaking from the public
to the Committee, for a total public portion of 30 minutes in length.
C.
Purpose. The purpose of the Committee is to make recommendations
to the Mayor and Borough Council as to the lands to be acquired for
open space, parkland and recreation or the utilization of funds to
maintain or expand existing open space, parkland or recreational facilities.
The Committee shall make recommendations as to prioritization of these
acquisitions, maintenance and improvements and shall assume any duties
designated to them by a majority vote and written resolution of the
Mayor and Borough Council as they sit as a full body.
D.
Establishment and use of fund.
1.
There is established and continued an assessment of $0.01 per hundred
dollars of assessed valuation of Borough properties to be deposited
in an Open Space, Park Land and Recreational Facilities Preservation
and Acquisition Trust Fund (hereinafter the "fund"), which shall be
dedicated specifically for and used only for:
a.
The acquisition, of open space for conservation, parkland, and recreational
facilities by the Borough.
b.
Capital improvements to open space for conservation, parkland, and
recreational facilities by the Borough.
c.
The reconstruction of open space for conservation, parkland, recreational
facilities not to exceed 50% of the cost of such reconstruction which
reconstruction is performed by the Borough. Reconstruction is defined
as a project having a cost of greater than 50% of the cost of the
project if new construction.
d.
The restoration of open space for conservation, parkland, recreational
facilities from natural disasters not to exceed 50% of the cost of
such restoration which restoration is performed by the Borough.
e.
The preparation of plans or studies related to open space for conservation,
parkland, and recreational facilities not to exceed 50% of the cost
of such plan or study which plans, or studies are commissioned by
the Borough.
2.
The Mayor and Borough Council, by majority vote at a public meeting,
shall determine and designate by Resolution or Ordinance, as may be
appropriate, the amount of any reserved funds to be utilized for the
above referenced purposes. Acquisition may include acquisition of
easements, vacant land, land which has improvements upon it at the
time of acquisition or other real property interests as determined
by the Mayor and Council, where the principal purpose of the acquisition
is to preserve open space for conservation, parkland and recreational
facilities. Nothing in this chapter is intended to nor does it prohibit
the Borough from using the Borough's capital account to supplement
the funds set up in this fund to assist with the funding of an acquisition
or the maintenance or improvement of property or facilities covered
by this section. The fund shall be permitted to accept donations and
testamentary bequests as long as the gift or bequest designates the
fund as the recipient.
E.
Sale or lease of property. No property acquired with these funds
shall be leased or sold unless action has been authorized by the Mayor
and Borough Council and by referendum in the manner prescribed by
law. The deed of any property acquired with the fund shall contain
specific notation reflecting that the property was acquired with the
fund for the acquisition and preservation of open space, parkland
and recreational facilities.
F.
Review. In the event that no property is acquired under the provisions
of this chapter for a period of five consecutive years, then the Mayor
and Council shall review the activities of the Committee and issue
a report with conclusions and recommendations concerning the continuance
of the fund program.
G.
Open public records and open public meetings. The Committee is subject
to the Open Public Records Act and the Open Public Meetings Act.
See Chapter 190, Zoning and Land Use, of the Borough Code for the establishment of the Planning Board.
[N.J.S.A. 40:12-1; Added 12-11-2002 by Ord. No. 02-18; 4-28-2010 by Ord. No. 10-07; 1983 Code §§ 43-1
– 43-9]
A.
Statutory authority; appointment. Pursuant to and in accordance with
the provisions of N.J.S.A. 40:12-1 through 40:12-8, there is hereby
created a Board of Recreation Commissioners, the members of which
shall be appointed by the Mayor and with the advice and consent of
the Council in accordance with the provisions of N.J.S.A. 40:12-1.
B.
Membership. The Board of Recreation Commissioners shall consist of
seven members who shall be designated Commissioners.
C.
Terms; compensation; meeting; conditions for vacancy.
1.
The Commissioners first appointed shall be appointed for terms of
one, two, three, four, and five years respectively, in such manner
that the term of at least one Commissioner and not more than two Commissioners
shall expire in each year according to the number appointed as fixed
by the Mayor. Thereafter all appointments shall be for the term of
five years. Vacancies shall be filled for the unexpired term only.
The members shall serve until their respective successors are appointed
and shall qualify.
2.
The Commissioners shall receive no compensation for their service.
3.
The Board of Recreation Commissioners shall meet at least 10 times
per year, at least one time per month during 10 months of the year.
4.
The office of a Commissioner shall be deemed vacant whenever a Commissioner
shall fail to attend and participate in five consecutive meetings
or less than 2/3 of the regularly scheduled meetings during any calendar
year without being excused from attendance by a majority of the members
of the Board of Recreation Commissioners. A Recreation Commissioner
may appeal the refusal of the Board of Recreation Commissioners to
excuse his or her absence to the Mayor and Borough Council, which
upon good cause being shown, may excuse the Commissioner from attendance.
5.
There shall be appointed, in the
same manner as set forth above, to the Board of Recreation Commissioners
two alternate members designated as "Alternate 1" and "Alternate 2."
Alternate 1 shall serve an initial term of five years and all subsequent
terms shall be five years. Alternate 2 shall serve an initial term
of four years and all subsequent terms shall be five years. Vacancies
shall be filled only for unexpired terms.
(a)
Alternate members may participate in discussions of all proceedings
but may not vote except in the absence or disqualification of a regular
member. Votes shall not be delayed so that an alternate may vote in
lieu of a regular member. Alternate 1 shall be entitled to vote in
all cases before Alternate 2 when possible.
(b)
An alternate member may be removed for cause by the governing body
after a public hearing, if requested.
D.
Powers and duties. The Board of Recreation Commissioners shall plan,
promote, organize and supervise the recreation program for the Borough
of Pompton Lakes and administer the same in the interest of the entire
community; supervise the recreational use of playgrounds, play fields,
recreation centers, and such other recreational facilities as may
be available to carry out the recreation program, conduct and supervise
any form of recreational, cultural or social activity that will employ
the leisure time of citizens in a wholesome and constructive manner.
The Board shall further have such powers and duties as are established
by N.J.S.A. 40:12-1 through 40:12-8.
E.
Teen Center. The Board of Recreation Commissioners shall plan, promote,
organize and supervise all activities and programs conducted at or
from the Teen Center and shall administer and supervise the use of
the Teen Center and the activities which occur in or from the Teen
Center.
F.
Teen Center Manager. The Board of Recreation Commissioners shall
have the power to appoint a Manager of the Teen Center, who shall
work under the direction of the Recreation Director or designee. The
Manager shall be responsible for the administration of the daily activities
and oversee operations subject to the rules and regulations established
by the Board of Recreation Commissioners. The Manager shall receive
a salary authorized by the Board of Recreation Commissioners at a
salary level approved by the Mayor and Borough Council as provided
in the annual Salary Ordinance.
G.
Additional responsibilities. The Board of Recreation Commissioners
shall annually elect a Chairman and such other officers as the Board
may deem necessary. It shall adopt suitable rules, regulations and
bylaws for the activities and facilities under its administration.
The Board of Recreation Commissioners shall fix and determine the
duties and responsibilities of its appointees. The Board may fix the
salaries of its appointees, not in excess of the sums established
therefor by the then current Salary Ordinance of the Borough. The
Board shall, annually, prior to January 15 of each year, submit to
the Borough Administrator a proposed comprehensive budget for the
annual recreation program.
H.
Assistant Directors. The Board of Recreation Commissioners shall
be permitted to employ a maximum of two Assistant Recreation Directors
in a given calendar year if the position of Recreation Director is
vacant. If the position of Recreation Director is filled, no Assistant
Director(s) shall be employed by the Board of Recreation Commissioners.
I.
Disposition of moneys. The Board may charge and collect a reasonable
service charge from persons using, as participants, special areas
and facilities which require special maintenance or the use of which
is restricted to relatively few people in order to assist in meeting
the operative costs thereof in whole or in part. All moneys received
by the Board of Recreation Commissioners shall be paid over to the
Borough Treasurer and be kept by him in a special fund which shall
be under the control of the Board and used only for the purpose of
defraying the cost of improving, maintaining or policing the playgrounds,
recreation places, operation of the recreation programs and for other
expenses of the Board. The Board may accept the donations in money
or property. The Board may further arrange and provide for the giving
of exhibitions, plays, concerts, games and contests and charge and
collect a reasonable admission fee therefor. The Board shall have
no power to raise funds by per capita levy or other taxation on nonusers
of the activities and facilities under its administration.
J.
Acquisition and disposal of land restricted. No lands may be acquired
nor shall any lands or improvements be disposed of by the Board of
Recreation Commissioners, and title to all lands acquired or controlled
pursuant to this section shall vest in the Borough of Pompton Lakes,
and all leases of land for such purposes shall be in the name of the
Borough of Pompton Lakes. All decisions with respect to the acquisition,
lease or disposal of the lands shall be made by the Mayor and Borough
Council. Said power is hereby specifically reserved to it.
K.
Reports. The Board shall make monthly reports to the Mayor and Borough
Council and shall study such matters involving recreation as may be
referred to it by the Mayor and Borough Council and shall report its
findings and conclusions thereon in writing to the Mayor and Council
as soon as reasonably possible.
[N.J.S.A. 40:64-2; Ord. No. 12-07; 1983 Code §§ 48-1 – 48-7]
A.
Establishment; number of members. The regulation, planting, care
and control of shade and ornamental trees and shrubbery upon or in
the highways, parks or parkways in the Borough of Pompton Lakes and
recovery from damages thereto shall be exercised by and be under the
authority of a Commission consisting of five residents of the Borough,
which Commission shall be known as the Shade Tree Commission of Pompton
Lakes. In addition to the five full members of the Shade Tree Commission,
there shall be appointed one alternate member who shall also be a
resident of the Borough.
B.
Membership; alternate member. The first Shade Tree Commissioners
shall be appointed within 60 days after the ordinance providing for
the commission shall become effective, and their terms of office shall
commence upon the day of their appointment and be for the respective
periods of one, two, three, four and five years, if the Shade Tree
Commission consists of five members, beginning on January 1 next succeeding
such appointment. In the event that the membership of any commission
is increased, the new members shall be appointed in such manner that
the terms shall expire in accordance with the foregoing. The terms
of each appointee shall be designated in his appointment.
All subsequent appointments, expect to fill vacancies, shall
be for the full term of five years, to take effect on January 1.
The alternate member shall be appointed by the Mayor for a five-year
term, which term shall begin upon appointment and whose first term
shall expire on the 31st day of December, 2016. Thereafter, the term
shall be a full five years unless the member is removed or disqualified
for other reason. Thereafter, vacancies shall be filled as set forth
for the regular members. The alternate member shall be permitted to
participate in commission meetings and discussions but shall not be
permitted to vote except in such case as a regular member is absent.
When the vacant member sits in a voting capacity, the alternate member
shall count toward a quorum.
C.
Powers.
1.
The Shade Tree Commission shall have the power to exercise full and
exclusive control over the regulation, planting and care of shade
and ornamental trees and shrubbery now located, or which may hereafter
be planted, in or about any public highway, parks or parkway, or on
or near public land or public rights-of-way or public easements, except
state highways, unless the Department of Transportation shall consent
thereto, and except any County highways, parks and parkways, unless
the County Shade Tree Commission or the County Department of Parks
and Recreation shall consent thereto. Any person planting trees or
shrubbery at these locations must first seek the permission of the
Shade Tree Commission.
2.
The Shade Tree Commission shall have the power to care for and control
the trees in or about any Borough streets or highways, parks or rights-of-way
or public easements.
3.
The Shade Tree Commission shall have the power to regulate and control
the use of the ground surrounding shade and ornamental trees and shrubbery,
so far as may be necessary for their proper growth, care and protection
and the protection of the public to use public property or property
accessible by the public.
4.
The Shade Tree Commission shall have the power to require the removal
of any tree or vegetation, or part thereof, that represents a danger
to safety of the general public, whether it be located on public or
private land, as long as said tree or vegetation could pose a danger
to the public or public property.
5.
The Shade Tree Commission shall have the power to encourage arboriculture
and may require as a condition of removal of any tree or vegetation
the replacement of the tree or vegetation as approved by the Commission.
6.
The Shade Tree Commission shall have the power to recommend any amendments
to the governing body of the Borough of Pompton Lakes, as to any and
all ordinances necessary or proper for carrying out the provisions
hereof.
7.
The Shade Tree Commission shall have the power to administer treatment
to, or remove, any tree or vegetation situated upon private property
which is believed to harbor a disease or insects readily communicable
to neighboring healthy trees or vegetation in the care of the municipality
and enter upon private property for that purpose, with the consent
of the property owner thereof, provided the suspected condition is
first confirmed by certificate issued by or on behalf of the Department
of Agriculture. If the property owner refuses to consent, then the
Shade Tree Commission can issue legal process to remove or treat the
tree or vegetation by court order.
D.
Removal of trees planted without permit. If a person plants a tree
or shrubbery on public property that is within the jurisdiction of
the Shade Tree Commission without receiving the proper permits, the
Shade Tree Commission can cause said planting to be removed at the
property owner's expense.
E.
Objection to Commission decisions.
1.
Any resident who files a written objection to a decision of the Shade
Tree Commission, which shall have a direct and substantial impact
on the resident or the resident's property, may also object to the
Shade Tree Commission's decision at the Commission's next public meeting.
2.
All written objections shall act as automatic stays of the Shade
Tree Commission's actions until the objection is heard by the Commission.
The Shade Tree Commission shall notify the objecting resident of its
determination of the objection, in writing, within 10 days of the
meeting at which the objection is heard.
F.
Appeals.
1.
Any person who wishes to appeal the decision of the Shade Tree Commission
may do so to the Mayor and Borough Council. The resident must file
a copy of their original objection and the Shade Tree Commission's
written decision with the Borough Administrator within 10 days of
being noticed by the Shade Tree Commission.
2.
All appeals shall be heard by the Mayor and Borough Council during
a regularly scheduled public meeting within 20 days of receiving the
written appeal.
3.
Filing of the appeal shall continue the stay of the ruling of the
Shade Tree Commission until the appeal may be heard by the Mayor and
Borough Council at a regularly scheduled public meeting, unless the
Shade Tree Commission has determined that the problem poses any immediate
threat of danger to the general public.
4.
If the issue is one of great public importance or may result in irreparable
harm to any party, either the Shade Tree Commission or the resident
may petition the Mayor and Borough Council to hear the appeal on an
expedited basis. The determination of whether to grant an expedited
hearing shall be in the sole discretion of the Mayor and Borough Council.
G.
Expenses of removal and replanting. If the Shade Tree Commission
designates a tree or vegetation for removal which is located on public
property or on a public right-of-way or easement, the Shade Tree Commission
will notify the DPW, which shall arrange for the removal of the tree
or vegetation at the expense of the Borough of Pompton Lakes. However,
if a property owner is directed to replant a tree or vegetation at
that location, the property owner must do so at his or her own expense
and as directed by the Shade Tree Commission. If a tree or vegetation
is removed from private property then the entire expense of removal,
treatment and replanting will be borne by the property owner. If the
Borough incurs any expense, including reasonable attorney fees, to
enforce the removal or treatment of any tree or vegetation within
the jurisdiction of the Shade Tree Commission that is not located
on public property, the property owner will be responsible for same
upon written notice and subsequent legal action.
[1983 Code §§ 50-1 – 50-4; Ord. No.
12-18; Ord. No. 2013-20; New]
A.
Creation of Authority. Pursuant to the provisions of the Municipal
Utilities Authorities Law (P.L. 1957, c. 183) of New Jersey, particularly
N.J.S.A. 40:14B-4, there is hereby created as a municipal authority
and as a public body corporate and politic under the name and style
of the "Pompton Lakes Borough Municipal Utilities Authority."
B.
Powers and duties. The Pompton Lakes Borough Municipal Utilities
Authority hereby created is a municipal authority as contemplated
and provided for by the Municipal Utilities Authorities Law and shall
have and exercise all of the powers and perform all of the duties
provided for by said Municipal Utilities Authorities Law and any other
statutes heretofore or hereafter enacted and applicable thereto.
C.
Compensation. Members of the Pompton Lakes Municipal Utilities Authority
shall receive such compensation for service as a member as shall be
established annually by ordinance of the Mayor and Borough Council.
D.
Copy on file with Secretary of State. A copy of this chapter duly
certified by the Municipal Clerk shall forthwith be filed by said
Municipal Clerk in the office of the Secretary of State of the State
of New Jersey.
E.
The Pompton Lakes Municipal Utilities Authority Rules and Regulations, as amended from time to time, shall govern all aspects of the sewerage collection and disposal system of the Borough except as otherwise set forth in Chapter 15, Sewers. The Rules and Regulations are on file in the Borough offices.
See Chapter 190, Zoning and Land Use, of the Borough Code for the establishment of the Zoning Board of Adjustment.
[Ord. No. 2014-25]
Pursuant to the authority granted by N.J.S.A. 40A:12A-1, et
seq., as amended and supplemented, there is created and established
in the Borough of Pompton Lakes a body corporate and politic to be
known as the Pompton Lakes Redevelopment Agency, which shall be an
instrumentality of the Borough. The Pompton Lakes Redevelopment Agency
shall be responsible for implementing redevelopment plans and carrying
out redevelopment projects pursuant to N.J.S.A. 40A:12A-8 in any Redevelopment
or Rehabilitation Area in the Borough of Pompton Lakes that has been
established or may be established.
[Ord. No. 2014-25]
The Pompton Lakes Redevelopment Agency shall have all powers
and rights necessary and convenient to carry out and effectuate the
purposes and provisions of the Local Redevelopment and Housing Law,
N.J.S.A. 40A:12A-1, et seq., and shall be governed by the provisions
contained therein.
[Ord. No. 2014-25; Ord. No. 2015-06; amended 6-14-2023 by Ord. No. 23-20]
A.
The Pompton Lakes Redevelopment Agency shall consist of seven Commissioners
who shall be appointed by the Mayor subject to the advice and consent
of the Borough Council in accordance with the requirements of the
Borough of Pompton Lakes form of government.
B.
Each Commissioner, except as otherwise set forth herein, shall serve
for a term of five years, and except for the first series of appointments.
C.
In the first series of appointments, the six Commissioners who are
not the Mayor or a Councilperson, shall serve terms designated as
follows: two members for a term of one year; one member for a term
of two years; one member for a term of three years; one member for
a term of four years; and one member for a term of five years. In
the event the Borough does not appoint a member of the governing body
to the seat reserved for same, the remaining Commissioner appointment
shall be for a term of two years.
D.
No more than two Commissioners shall be officers or employees of
the Borough. In such case as the Borough determines to appoint one
or two Commissioners who are officers or employees of the Borough,
one or both of said Commissioners may be either the Mayor and one
member of the Council or two members of the Council in the absence
of the Mayor. A Commissioner who is either the Mayor or a member of
the Council shall serve for a term of one year unless sooner vacating
the elected position which shall create a vacancy on the Agency which
vacancy shall be filled in the same manner as the original appointment
but for the unexpired term.
E.
Each Commissioner shall hold office to the term of their appointment
and until their successor shall have been appointed and qualified.
F.
Any vacancy occurring in the office of Commissioners, from any cause,
shall be filled in the same manner as the original appointment, but
shall be limited to for the unexpired term.
G.
No Commissioner shall be compensated but may be reimbursed for reasonable
out of pocket expenses.
[Ord. No. 2014-25; 6-14-2023 by Ord. No. 23-20]
The Pompton Lakes Redevelopment Agency is subject to the Local
Authorities Fiscal Control Law, N.J.S.A. 40A:5A-1, et seq., and the
Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1, et seq. and the New Jersey Open
Public Meetings Act, N.J.S.A. 10:4-6, et seq. (“OPMA”).
[Ord. No. 2014-25]
The Pompton Lakes Redevelopment Agency shall submit its annual
budget to the Mayor and Council.
[Ord. No. 2014-25]
Copies of the Ordinance codified in this chapter, certified
by the Borough Clerk, shall be filed in the office of the Division
of Local Government Services in the Department of Community Affairs
of the State of New Jersey after its effective date.
[Added 6-14-2023 by Ord. No. 23-20]
A.
All regular meetings and all special meetings shall be open to the
public, except as provided in the Open Public Meeting Act, N.J.S.A.
10:4-6, et seq. Notice of all such meetings shall be given in accordance
with the requirements of OPMA. The Board shall make necessary arrangement
to ensure that all meetings are recorded, filmed and broadcasted as
required under State or Local Laws.
B.
At its organizational meeting, the Pompton Lakes Redevelopment Agency
shall provide for regular meetings at a time and place within the
Borough. The resolution may provide that, when such a day falls upon
a legal holiday, the meeting shall be held on the same hour on the
next succeeding day that is not a legal holiday.
[Added 6-14-2023 by Ord. No. 23-20]
Pursuant to N.J.S.A. 40A:12A-11(c), no Commissioner or employee
of the Pompton Lakes Redevelopment Agency shall acquire any interest,
direct or indirect, in a redevelopment project or in any property
included or planned to be included in a project, nor shall there be
any interest, direct or indirect, in any contract or proposed contract
for materials and services to be furnished or used in connection with
a project. If any Commissioner or employee of the Pompton Lakes Redevelopment
Agency owns or controls an interest, direct or indirect, in any property
included or planned to be included in a project, he or she shall immediately
disclose the same, in writing, to the Pompton Lakes Redevelopment
Agency, and the disclosure shall be entered upon the minutes of the
Pompton Lakes Redevelopment Agency. Failure to disclose such an interest
shall constitute misconduct in office. A Commissioner or employee
required by this subsection to make a disclosure shall not participate
in any action by the Pompton Lakes Redevelopment Agency affecting
the property with respect to which disclosure is required.
[Added 6-14-2023 by Ord. No. 23-20]
A.
Pursuant to N.J.S.A. 40A:12A-11(c), a Commissioner of the Pompton
Lakes Redevelopment Agency may be removed by the Borough's Governing
Body for inefficiency or neglect of duty or misconduct in office,
through the following process:
1.
Upon reasonable belief to suspect that a Commissioner of the Pompton
Lakes Redevelopment Agency had engaged in inefficiency, neglect of
duty or misconduct in office, the Mayor, member of the governing body,
commission member or member of the public may communicate a Commission
member's conduct to the Borough Administrator which may cause
an investigation to occur.
2.
Upon the conclusion of an investigation, if the Business Administrator
finds sufficient cause upon which charges be levied against the Commissioner,
his or her recommendation along with a explanation of the basis of
the same shall be put before the Borough's Governing Body to
decide whether or not to press charges, in which case the Borough's
Governing Body shall also appoint a hearing officer, and instruct
the Business Administrator to schedule a hearing with 10 days'
notice to the affected Commissioner of the Pompton Lakes Redevelopment
Agency.
3.
The hearing officer shall provide a written decision to the Business
Administrator and affected Commissioner of the Pompton Lakes Redevelopment
Agency as to whether or not the charges should be sustained and a
basis for the same within 14 days of his/her final hearing.
4.
If it is determined by the hearing officer that the charges be sustained,
then the Commissioner of the Pompton Lakes Redevelopment Agency shall
be provided notice of the same and he/she shall have right to appeal
removal to the Borough's Governing Body within 10 calendar days
of the date of the hearing officers decision, The decision of Borough's
Governing Body shall be final and shall be memorialized in a written
resolution, effective immediately upon its adoption.
[1]
Editor's Note: Former § 2-63, Technology and Innovation
Committee, was repealed 4-13-2022 by Ord. No. 22-10. Prior history
includes Ord. No. 2016-08.
[Added 10-27-2021 by Ord.
No. 21-26]
There being a need to maintain and improve the South End Trail
system, including the Morris Canal Greenway, Lincoln Trail, Aquatic
Park Trail and associated loops, Rivercrest Trail and associated loops,
Wilderness Park/Hershfield Park trail, and future affiliated trails
within the Borough, for the benefit of residents and visitors to the
Borough, the Mayor and Council have determined that it is appropriate
and necessary to establish a committee as hereafter set forth. The
committee shall be known as the Trails Committee.
[Added 10-27-2021 by Ord.
No. 21-26]
A.
The committee shall be comprised of seven voting members. One additional
non-voting member shall be a member of the Borough Council. All members
shall be residents of the Borough.
B.
Each member, including the member of the Council, shall be appointed
for a one-year term and shall serve until the next Borough Reorganization
Meeting held after their appointment.
C.
Members who are not Council members shall be appointed by the Mayor,
with the advice and consent of the Council. The non-voting Council
member shall be appointed in accordance with the provisions of the
By-Laws set forth in the Borough Administrative Code. Vacancies shall
be filled for the unexpired term in the same manner as appointments
are made.
D.
The chair of the committee shall be chosen by the voting members
of the committee.
[Added 10-27-2021 by Ord.
No. 21-26; amended 2-8-2023 by Ord. No. 23-08]
A.
The committee shall have the following duties and responsibilities.
1.
Maintain a written Standard of Care for the trails, describing maintenance
goals and practices;
2.
Periodic inspection of trails, on a seasonal basis and as needed;
3.
Maintain trails in accordance with the committee's established Standard
of Care, and in cooperation with other Borough departments and Borough
groups; and
4.
Make recommendations to the Borough Administration and Governing
Body regarding all matters established in items A. through C. The
committee shall report to the Governing Body at least once yearly
regarding issues relating to their duties and responsibilities.
B.
Additionally, the committee may perform the following:
1.
Host special events and facilitate educational and community service
opportunities on and related to trails and/or hiking.
C.
Also, the committee shall refrain from the following, unless authorized
by the Borough Administrator or their designee::
