[New]
This chapter shall be known and may be cited as the Administrative
Code of the Borough of Sussex and is herein referred to as the code.
[1]
Editor's Note: Sussex Borough is governed under the borough
form of government outlined in Chapter 60 of Title 40A of the New
Jersey Statutes. The administrative chapter has been drafted in conformity
with Borough law and in many instances provisions have been restated.
Other enabling laws relevant to this chapter are Municipal Court,
N.J.S.A. 2B:12-1 et seq.; Board of Health, N.J.S.A. 26:3-1 et seq.;
Planning Board, N.J.S.A. 40:55D-23 et seq.; Zoning Board of Adjustment,
N.J.S.A. 40:55D-69; Police Department, N.J.S.A. 40A:14-118; Fire Departments,
40A:14-7; General authority to regulate the internal affairs of the
Borough, N.J.S.A. 40:48-2.
[New]
The Council shall consist of the Mayor and six Councilmen elected
at large in the Borough, all of whom shall be elected and take office
in the manner provided by law. The term of office shall commence January
1 next following their election.
[New]
Pursuant to the Borough law, a vacancy occurring in the office
of Mayor, whether by resignation or otherwise, shall be filled by
the Council until the next general election and until the election
and qualification of a successor. At such next general election the
person elected to fill such vacancy shall be elected for the unexpired
term only. All vacancies in other elected offices shall be filled
by nomination by the Mayor and appointment by him, with the advice
and consent of the Council expressed by a majority vote of the Council
members present at the meeting, provided that at least three affirmative
votes shall be required for such purpose, the Mayor to have no vote
thereon except in the case of a tie. All appointments to fill vacancies
on the Council shall be until January 1st following the next general
election. If such vacancies shall occur at so short a period of time
before the next general election that the office cannot be filled
at the election, the vacancy shall be filled in the same manner as
though it had occurred immediately after the election at the next
subsequent general election for such portion of the term, if any,
as may still remain unexpired. At such next general election the person
elected to fill the vacancy shall be elected for the unexpired term
only.
[New]
The Council shall by resolution adopt rules of procedure not
inconsistent with this code. The rules shall provide for standing
committees of the Council.
[New]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled or codified.
[New]
The Council shall meet for organization on the 1st day of January,
or during the first seven days in January in any year at the call
of the incoming Mayor. Thereafter, the Council shall meet regularly
within the Borough at such times and places as provided by the rules
of the Council. The Mayor shall when necessary call special meetings
of the Council. In case of his neglect or refusal, any four members
of the Council may call such meetings at such time and place in the
Borough as they may designate. In all cases of special meetings, 24
hours written notice (or actual voice contact) shall be given to all
members of the Council. Written notice may be by leaving such notice
at their places of residence.
[New; Ord. 10-93, S1]
The Mayor shall preside over all meetings of the Council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by statute, the Mayor shall nominate
and, with the advice and consent of the Council, appoint all officers
in the Borough. No appointments requiring Council confirmation shall
be made except by a majority vote of the Council members present at
the meeting, provided that at least three affirmative votes shall
be required for such purpose, the Mayor to have no vote thereon except
in case of a tie. Vacancies in appointive offices shall be filled
by appointment in the same manner for the unexpired term only. The
Mayor shall make such nomination to fill a vacancy within 30 days
after the appointive office becomes vacant. If the Mayor fails to
nominate within 30 days or the Council fails to confirm any nomination
made by the Mayor, then, after the expiration of 30 days, the Council
shall appoint the officer.
The Mayor shall see that the laws of the state and the ordinances
of the Borough are faithfully executed, and shall recommend to the
Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the Borough.
The Mayor shall supervise the conduct and acts of all officers
in the Borough and shall execute all contracts made on behalf of the
Council.
The Mayor shall have the power to remove any member of any board,
committee, or commission of the Borough of Sussex in the event that
any such member fails to attend three consecutive regularly scheduled
meetings of such board, committee, or commission, without just cause
or fails to obtain prior permission to be absent from a regularly
scheduled meeting from the chairperson of the respective board, committee,
or commission.
In the event that any member of a board, committee or commission
of the Borough of Sussex is removed by the Mayor for failure to attend
meetings as stated in the preceding subsection, the Mayor shall be
empowered to nominate and, with the advice and consent of the Council,
make the appropriate appointment to fill any such vacancy in such
board, committee, or commission.
The chairperson of each board, committee, or commission of the
Borough of Sussex is hereby required to forward an attendance record
to the Borough Clerk every six months from the effective date of this
Ordinance 10-93[1], which attendance record shall indicate the dates of the
respective meetings of each board, committee or commission, and furthermore,
shall indicate which members attended the meetings and which members
were absent from the meetings.
[1]
Editor's Note: Ordinance No. 10-93 was adopted May 17, 1993.
[New; amended 9-1-2020 by Ord. No. 2020-13]
At the organizational meeting the Council by a majority vote
shall elect from their number a President of the Council, who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one year and until
the next annual meeting. He or she shall have the right to debate
and vote on all questions before the Council. If the Council at its
annual meeting fails to elect a President, the Mayor shall appoint
the President from the Council and in that case no confirmation by
the Council shall be necessary. If the Mayor is absent from the Borough
for a period of three consecutive days or for any reason is unable
to act, the President of the Council shall perform all the duties
of the Mayor during his or her absence or inability. The Mayor, in
case of his or her intended absence from the Borough for more than
three days at any one time, shall notify the Administrator in writing
of such intended absence, whereupon the Administrator shall in turn
notify first the President and then the entire Council; and the President
shall be and become Acting Mayor upon the President's receipt of such
notice and shall continue to so act until the Mayor's return. In case
of the temporary inability of the President to so act, the Councilmember
having the longest term of service as such may act temporarily for
the President, subject to the President following the notification
process applicable the Mayor in the event of an intended absence.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 3/1/65, 6/12/76, 05-92 and 2003-14.
[Ord. No. 2006-01, S1]
All employees hired shall serve a probationary period of no
less than six months and up to one year. After the probationary period
each employee shall be paid not less than the minimum salary provided
for the particular office or employment.
[Ord. No. 2006-01, S1; Ord. 2008-05, S1]
The Mayor and Council reserve the right to pay a salary to any
new employee at any rate or salary between the minimum and maximum
salary provided for such office or position and not necessarily the
minimum salary. Salaries shall be paid in the manner and at the times
so designated.
[Ord. No. 2006-01, S1]
Each officer and employee who has been employed continuously
for one year by the Borough shall be entitled to a vacation with pay
during each year of continuous employment in accordance with the following
schedule:
|
Years 2 — 5
|
10 days benefit
|
|
Years 6 — 15
|
15 days benefit
|
|
Years 16 and Beyond
|
20 days benefit
|
The Mayor and Council shall have absolute discretion in selection
and preparation of vacation periods and vacation lists.
[Ord. No. 2006-01, S1]
Each full-time officer and employee who has been employed continuously
for one year shall be entitled to three personal days leave per calendar
year. Personal day leave shall be approved at least 24 hours in advance
by the Borough Clerk as scheduling permits.
[Ord. No. 2006-01, S1]
Each full-time officer and employee who has been employed continuously
for one year shall be entitled to three days bereavement leave per
calendar year.
Bereavement is defined as death in the immediate family. Immediate
family shall be defined as parent, child, grandparent, grandchild
or sibling.
Bereavement leave must be approved in advance by the department
head and the Borough Clerk.
Bereavement leave will be granted with pay.
In extreme cases of need that may include traveling great distance
or an extraordinary circumstance, an additional two days with pay
may be granted at the discretion of the governing body.
[Ord. No. 2006-01, S1]
Sick leave covers absence from work due to illness, accident
or exposure to a contagious disease.
Sick leave is earned according to the following schedule:
|
From January first after probationary period:
|
4 working days
|
|
From January first after second year of service:
|
6 working days
|
|
From January first after fifth year of service:
|
8 working days
|
|
From January first after tenth year of service:
|
12 working days
|
If any employee is absent from work due to an illness for a
period of three consecutive workdays or more than seven days in any
calendar year, or if the Borough Clerk determines there is good cause
shown, the employee may be required to furnish medical documentation
from his/her physician, supporting the need for the employee's absence
from work.
Failure of an employee to submit such evidence could result
in the sick leave being disapproved and the absence charged to "absence
without pay." Nothing herein shall preclude the Mayor and Council
in an appropriate case from requesting an employee to submit a medical
examination at the Borough's expense by a physician selected by the
Borough for the purpose of establishing the degree of incapacity of
an employee or the employee's ability to resume the duties of the
position.
Sick leave will not be allowed on an hourly basis. Employees
who have reported for work requesting sick leave for the purposes
herein stated, will be charged one full day off if an employee leaves
before half the hours in a full work day, and one-half day off if
an employee leaves after one-half of the hours in a full work day.
Sick leave benefits shall be paid for ordinary medical and dental
care, or for any other professional services that may normally be
scheduled within the employee's time off.
Sick leave benefits shall not accrue during anytime disability
benefits are being received.
Years are defined to commence on the first day of the calendar
year and end on the last day of the calendar year.
All unused sick leave is forfeited upon separation from employment.
Unused sick leave may be accumulated to a maximum of 100 working
days. Employees retiring in accordance with the provisions of the
Public Employees Retirement System of New Jersey and who have been
employed continuously with the Borough of Sussex for a minimum of
25 years, shall be paid for one-half of the total of the unused sick
leave accumulated, not to exceed 50 working days. Employees shall
be compensated for this accumulated time at the daily rate of pay
upon the date of retirement. The Borough may elect to pay this benefit
over a period of one to three years.
[1]
Editor's Note: Former Subsection 2-6.7, Longevity, was repealed
12-7-2021 by Ord. No. 2021-20.
[Ord. 2008-22, S1]
The Mayor and Council shall from time to time adopt an Employment
Manual setting forth the procedures for disciplining and dismissing
Borough employees and other policies relating to employment. A copy
of the manual shall be distributed to all new employees and all existing
employees when it is modified.
[1]
Editor's Note: Former Subsection 2-6.8, Holidays, previously
codified herein and containing portions of Ordinance No. 2006-01,
was repealed in its entirety by Ordinance No. 2008-22.
[Ord. No. 2006-01, S1]
Each full-time employee, who has been employed continuously
for 60 days, shall be entitled to paid health insurance benefits,
including prescription and dental insurance, in accordance with the
following schedule:
|
Years 1 through 5
|
The Borough will pay 100 percent of the cost of NJ Plus health
insurance for the employee only. The employee will have the opportunity
to enroll family members and have the additional cost for family coverage
deducted from payroll. Additionally, the employee may opt for other
available health insurance and have the differential cost deducted
from payroll.
|
|
Year 6 and Beyond
|
The Borough will pay 100 percent of the cost of NJ Plus health
insurance for the employee and family members. The employee may opt
for other available health insurance and have the differential cost
deducted from payroll.
|
NOTE: The Borough will pay 100 percent of the cost of NJ Plus
health insurance, for all employees and family members of those employees,
hired prior to the effective date of this section.[1] Those employees currently enrolled in other health insurance
plans will be given the opportunity to enroll in the NJ Plus health
insurance plan, during the next open enrollment period or pay the
cost differential.
[1]
[Editor's Note: Material previously codified in § 2-6A
regarding the Borough Administrator and containing Ord. No. 2016-21
was repealed 5-21-2019 by Ord. No. 2019-05. See § 2-19.]
[Ord. 2009-14, S1]
It is the intent and purpose of this section to prove for the
defense of actions brought against, and the indemnification of, public
employees as may be permitted by N.J.S.A. 59:10-1 et seq. and N.J.S.A.
59:10A-1.
[Ord. 2009-14, S1]
Shall mean any person or former municipal employee, official,
officer, elected official, or any member of the various boards, agencies,
or commission of the Borough of Sussex, County of Sussex, and State
of New Jersey; provided, however, that the term shall specifically
exclude any independent contractor, but is intended to include any
professional staff of the Borough who, for the purpose of this section,
shall not be regarded as an independent contractor.
[Ord. 2009-14, S1]
a.
The Borough is hereby authorized to provide for the defense of actions
brought against its officials and to indemnify such officials to the
extent hereinafter set forth, and shall save harmless and protect
such persons from any financial loss resulting from litigation.
b.
The obligation of the Borough to defend and indemnify its employees
for acts or omissions arising out of or in the course of the performance
of the duties of that person shall be limited to those circumstances
under which the Borough itself would be liable for the acts of its
employees under the doctrine of respondent superior.
[Ord. 2009-14, S1]
a.
The Borough shall defray the costs of defending any criminal action
against any official providing:
1.
It is authorized by state statute, municipal ordinance or by resolution,
and providing the criminal proceedings have been dismissed or result
in a final disposition in favor of the official; and
2.
The Borough Council determines that there is no good cause to dismiss
the official arising out of the incident or related incidents of the
criminal proceedings.
b.
The Borough shall provide for the defense of any criminal action
against any official, provided it is authorized by state statute,
municipal ordinance or by resolution and such defense is not herein
otherwise limited.
[Ord. 2009-14, S1]
The Borough Council shall not approve indemnification or the
defense of any action if:
a.
The act or omission complained of was not within the scope of employment
or authority.
b.
The act or omission complained of was because of actual fraud, willful
misconduct or actual malice.
c.
The defense of the action or proceeding would create a conflict of
interest between the Borough and the official involved.
d.
There exist policies of insurance, either obtained by the Borough
or by another, by virtue of which the municipal official is entitled
to a defense of the action in question from the insurer.
e.
The municipal official has failed to deliver to the Borough Clerk
within ten days of the time he or she is served with any summons,
complaint, process, notice, demand or pleadings, the original or copy
of such document, or thereafter fails to cooperate with the Borough
in the defense of the matter.
f.
The official fails to request the defense of any action.
g.
If the action was brought by the Borough.
[Ord. 2009-14, S1]
If the Borough Council determines to provide a defense as authorized
in this section, it may do so by:
a.
A member of its law department or Borough Attorney;
b.
Hiring an Attorney of its choice and paying the same directly; and
c.
Reimbursing the municipal employee, appointee and official for reasonable
attorney's fees expended or obligated to be expended by such official
in the defense of the act. In no event shall reimbursement of attorney
fees that the Borough is obligated to pay exceed the per-dollar rate
paid by the Borough to its municipal attorney for each year involved
in the defense, as authorized under this section.
[Ord. 2009-14, S1].
Whenever the Borough shall provide any defense provided for
hereunder, the Borough Council, through counsel appointed by the Borough,
shall assume exclusive control over the representation of the public
official or employee, and such official or employee shall cooperate
fully in the defense of any action. Where it is impracticable to do
so, the Attorney representing the insurance company on behalf of the
Borough, or such other person or persons appointed by the Borough
Council, shall assume exclusive control.
a.
In any case where the Borough shall be required to provide defense
under the terms of this chapter, the Borough shall pay or reimburse
the public employee, appointee or public official for any of the following:
1.
Any bona fide settlement agreement entered into by the employee,
appointee or official, when the same has been approved by the Borough
Council of the Borough of Sussex; and
2.
Any judgment entered against the public employee, appointee or public
official; and
3.
If the Borough Council has failed to provide such required defense,
all costs of defending the action, including reasonable counsel fees
and expenses, together with costs of any appeal. The Borough shall
not be obligated to pay counsel fees in excess of the hourly rate
paid to the Borough Attorney for each year in which the litigation
proceeds.
b.
Where the Borough would be required under the terms and conditions
herein to provide any defense, except if such defense is provided
for by insurance, the Borough shall provide indemnification as aforesaid,
but only to the extent not already covered by insurance.
c.
Nothing contained in this section shall either permit or authorize
the Borough to pay any punitive or exemplary damages or damages resulting
from the commission of any crime.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance 12/20/48 and 2008-21.
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
co-extensive 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.
[1]
Editor's Note: Former § 2-10, pertaining to police department
rules and regulations, previously codified herein and containing portions
of Ordinance Nos. 7/17/92 and 86-1, was repealed by Ordinance No.
10-92.
[Ord. 10-92, S1]
The Police Department of the Borough of Sussex, as heretofore
established and organized, is hereby terminated and abolished, and
the term, tenure, compensation or pension rights of any person holding
any office, employment or position in the Police Department of the
Borough of Sussex, except as is otherwise provided in this section,
is hereby terminated.
[Ord. 10-92, S3]
a.
Appointment and Term. The Mayor shall have the power to appoint,
with the approval of the Council, special police officers, police
matrons, Clerks, dispatchers and special school traffic guards for
a term not to exceed one year, upon the recommendation of the Mayor
and Council.
b.
Qualifications, Special Police. No person shall be appointed a special
police officer unless such person is a citizen of the United States,
able to read, write and speak the English language well and intelligently,
is sound of mind and in good health, is of good moral character and
shall not have been convicted of any crime involving moral turpitude.
The Mayor and Council shall investigate and report as to such qualifications
before appointment is made.
c.
Duties of Special Policemen.
1.
When so required, special policemen shall perform general police
duty on an hourly, daily or other basis, whenever, in the judgment
of the Mayor and Council, with the concurrence of the Police Committee,
the services of such persons shall be required.
2.
Every special policeman shall perform his duties only in the Borough
except when in fresh pursuit of any person pursuant to the provisions
of Chapter 156 of Title 2A of the New Jersey Statutes.
3.
Every special policeman shall comply with the regular rules and regulations
promulgated by the Mayor and Council for the conduct and decorum of
the regular members of the police department. He shall have his fingerprints
taken and they shall be filed with the Division of State Police and
the Federal Bureau of Investigation.
4.
No such special police officer shall carry a revolver or other similar
weapons when off duty.
d.
Police Matron. The Mayor and Council may appoint a police matron
who shall perform such duties as may be assigned to her or them by
the Mayor and Council.
e.
School Guards. The Mayor and Council may appoint as school guards
such persons as it deems to be qualified for such position. The powers
and duties of school guards shall be limited to the protection of
children while on public thoroughfares in the Borough in connection
with their attendance at the several schools in the Borough, and to
the direction and regulation of pedestrian and vehicular traffic at
the various street intersections and crossings where they may be stationed.
While on active duty, school guards shall be under the jurisdiction
of and subject to the orders of the Mayor and Council.
f.
Clerks or Dispatchers. The Mayor and Council may appoint as Clerks
or dispatchers such persons as it deems to be qualified for such position
and who shall perform such duties as may be assigned to them by the
Mayor and Council. They shall be nonuniformed and unarmed while performing
such functions.
g.
Status; Termination of Office. The special police officers and matrons
and school traffic guards, Clerks and dispatchers appointed under
this subsection shall not be members of the police department except
as provided by statute and their powers, rights and duties shall immediately
cease and terminate at the expiration of the term for which they were
appointed, or upon revocation of their appointment.
h.
Compensation; Supervision; Weapons.
1.
Special police officers, matrons and school traffic guards, Clerks
and dispatchers shall receive such compensation as the Council shall
determine by resolution.
2.
All special police officers and school traffic guards shall work
under the direction and supervision of the Mayor and Council.
3.
No special police officer shall carry a revolver or other weapon
when off duty. No police matron, traffic guards, Clerks or dispatchers
shall carry any weapons when on duty.
i.
Revocation of Appointment. Every appointment made in accordance with
this subsection shall be subject to revocation without cause and with
a hearing except as provided by statute.
j.
Present Personnel Continued. The special police officers presently
appointed shall continue in their respective positions.
[Ord. 10-92, S4]
Upon the adoption of this section, the Borough of Sussex shall
seek a regionalization partnership with either other local municipalities,
the County of Sussex, or utilization of the New Jersey State Police,
in order to ensure that adequate police services are provided to the
residents of the Borough of Sussex.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 11-2001.
[Ord. 2010-23, S1]
a.
There is hereby created in the Borough of Sussex the position of
"Parking Enforcement Officer." The Borough of Sussex shall have the
authority to appoint those parking enforcement officers that may be
necessary to carry out the responsibilities that the Borough may have
under the laws of the State of New Jersey and the ordinances and regulations
of the Borough of Sussex relating to the parking of vehicles within
the municipality.
b.
Parking enforcement officers shall be appointed by the Borough of
Sussex in accordance with the provisions of N.J.S.A. 40A:9-154.7 et
seq.
c.
All parking enforcement officers shall have the authority to issue
parking tickets, serve and execute process for parking offenses and
to cause vehicles to be towed when necessary. Such responsibilities
and duties shall be carried out in accordance with N.J.S.A. 40A:9-154.7
and the ordinances and regulations of the Borough of Sussex.
d.
Parking enforcement officers shall not carry or use a firearm while
on duty but shall be deemed to be performing a public safety function
while on duty.
e.
The term, hours and compensation for a parking enforcement officer
shall be set in by the Borough governing body in accordance with the
Borough of Sussex's salary ordinance.
f.
No person shall be appointed as a parking enforcement officer unless
the individual meets the following qualifications:
1.
Is a resident of the State of New Jersey during the term of appointment,
2.
Is able to read, write and speak the English language well and intelligently,
3.
Is of sound and good health,
4.
Is of good moral character,
5.
Has not been convicted of any offense involving dishonesty or which
would make the person unfit to perform the duties of this office.
[Ord. 2010-23, S1]
a.
All parking enforcement officers shall be fingerprinted prior to
commencing their duties, and their fingerprints shall be filed with
the State Police and the Federal Bureau of Investigation.
b.
All parking enforcement officers shall complete a training course
conducted or approved by the Borough of Sussex which requirement may
be waived if the person proves to have had substantially equivalent
training and background as determined by the Borough of Sussex Mayor
and Council.
c.
All parking enforcement officers shall be supplied with a uniform
which shall clearly identify the officer's function, which uniform
shall include but not be limited to a hat and an appropriate badge,
which shall bear the identification number, or a name tag. The uniform
shall include an insignia issued by the Borough clearly identifying
the officer's status as a parking enforcement officer. The uniform
shall be different in color from the uniform of a regular police officer
or special enforcement officer and the Borough of Sussex may issue
temporary insignia for use prior to the issuance of a permanent insignia.
d.
The municipality may charge a reasonable fee for the issuance of
the uniform, but no fee shall be charged for the training or for the
issuance of the certificate of employment.
[Ord. 2010-23, S1]
The parking enforcement officer of the Borough of Sussex, whose
powers and duties are established in this section, shall have the
following additional powers and duties, namely:
a.
Issuance of complaints and/or summonses for alleged violations of
the ordinances of the Borough of Sussex pertaining to: skateboarding,
loitering, littering, consumption of alcoholic beverages on Borough
property, damage to Borough property, excessive noise, abandoned motor
vehicles, removal of snow and ice, utilization of sidewalks, areas
for sledding and skiing, smoking prohibitions within any building
owned by the Borough, and any other ordinances of the Borough of Sussex
which are not within the exclusive jurisdiction of the New Jersey
State Police.
[Ord. 11/4/74]
Occasions arise wherein it becomes necessary or desirable for
the Borough, its officers, servants, agents, or employees, to incur
certain costs or expenses or perform certain services for the Borough
under circumstances where the municipality has by agreement with a
third person or persons or by requirement of local ordinance, the
right to be reimbursed by the third person for the costs, expenses
or fees, so incurred.
There presently exist no adequate procedures for the handling
of funds collected under such agreements or ordinances.
[Ord. 11/4/74]
There is hereby created a fund or account to be known or designated
as the "trust account." Disbursements from the account may be made
by checks signed by the Treasurer and countersigned by the Mayor and
Clerk after approval by the Borough Council.
[Ord. 11/4/74]
Whenever any person has agreed, or is otherwise required to
reimburse the Borough for costs, expenses or fees of any kind or character,
all sums paid by any such third person to the Borough shall be deposited
in the trust account herein established. Funds received from such
third persons may be to cover such things as the following enumerated
costs, expenses or fees but are not limited thereto; the costs of
publishing any notice, ordinance or resolution; costs of mailing notices
required pursuant to the provisions of any law or ordinance; legal
fees of the municipal attorney or the attorney for the planning board
or any other local agency incurred by reason of preparation of papers,
ordinances, attendance at conferences or other services; the fees
of the municipal engineer incurred by reason of making inspections
required by the governing body, planning board or other official body
or made pursuant to the provision of any ordinance, or for the preparation
of plans or other services required by the municipality; fees of the
municipal planning consultant for consultations or special planning
work required in connection with any proposed development of land
within the municipality and the fees, expenses or charges or the estimated
pro rata costs to the Borough for any services rendered by any municipal
official or employee, all as directed by the Borough Council under
circumstances where the Borough is entitled to be reimbursed for the
costs, expenses and charges incurred by it in connection therewith.
[Ord. 11/4/74]
Except where there is a specific ordinance requirement as to
the amount of any deposit the Borough Council shall, by resolution,
detail the services to be performed by any of the Borough officials,
or employees, and shall obtain an estimate of the costs of such services,
and of all other charges or costs which may be involved. The resolution
shall provide the sum which shall be deposited by the third person
as agreed with the Borough Council, and all terms and conditions relating
thereto. The amount, upon receipt, shall be deposited in the trust
account and shall be disbursed therefrom only as may be directed by
the Borough Council.
[Ord. 11/4/74]
Upon deposit of the sum as directed by the Borough Council in
the trust account, the officers or employees of the Borough who have
been so designated or directed may proceed to perform such services
or incur such costs or expenses as may be necessary for carrying out
of the contemplated purposes, and thereafter, upon receipt of proper
vouchers and approval by the Borough Council the costs, expenses or
fees for which vouchers have been submitted and approved shall be
paid out of the trust account.
[Ord. 11/4/74]
Any funds remaining after the payment of all costs, expenses
or fees in connection with any particular matter or project may be
returned to the person depositing the funds, and should there be insufficient
funds in the trust account to pay all such expenses, charges or fees,
the Borough Treasurer shall immediately notify the depositor and require
that additional funds sufficient to pay all such expenses, charges
or fees shall be immediately deposited with the Borough.
[Ord. 8/20/79, S1]
No insurance company shall pay any claim in excess of $2,500
on any real property located within the Borough unless or until the
insured person submits an official certificate of search for municipal
liens pursuant to N.J.S.A. 54:5-12, certifying that all taxes, assessments
or other municipal liens or charges levied and assessed and due and
payable against said property have been paid, or unless the insured
submits a certified copy of a resolution waiving the Borough's right
to such a payment.
[Ord. 8/20/79, S2]
The Mayor and Common Council may by resolution enter into an agreement with the owner of any fire damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to R. S. 54:5-19 or for the redemption of any tax sale lien by installment payments pursuant to Article Seven of Chapter 5 of Title 54 of the Revised Statutes, if the governing body is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property.
[Ord. 8/20/79, S4]
This section shall take effect immediately upon passage and
adoption according to law and upon the filing of a true copy of the
same with the State Commissioner of Insurance.
[Ord. 8/20/79, S5]
Any insurance carrier, agent, issuing agent, claimant, corporation
or person who violates this section shall be subject to a fine of
not more than $500 or imprisonment for a period of up to six months
or both.
[Ord. 3/1/82, S1]
There is hereby established within the Borough a board known
as the "Board of Health of the Borough of Sussex."
[Ord. 3/1/82, S2,3]
[Ord. 3/1/82, S4]
The board shall designate a secretary, who shall not be a member
of the board and the board may authorize payment for salary or other
remuneration to that person. The board shall elect a president who
shall be the chief executive officer of the board of health and a
vice president who shall act in the place and stead of the president
during his absence.
[Ord. 3/1/82, S5]
The board of health president shall be entitled to receive an
annual remuneration for expenses as authorized by the Mayor and Common
Council.
[Ord. 3/1/82, S6]
The board of health meetings shall be governed by Roberts Rules
of Order.
[Ord. 3/1/82, S7]
All members of the board of health shall be citizens of the
Borough of Sussex.
[Ord. 3/1/82, S8]
In the event a vacancy occurs in the board, it shall be filled
in the same manner as the original appointment but for the unexpired
portion of the term only.
[Ord. 3/1/82, S9-11]
[Ord. 3/1/82, S12]
One member of the Council may be a member of the board of health.
[Ord. 3/1/82, S13-22; Ord. 88/1]
a.
The board of health shall be the liaison between the Borough of Sussex
and the Sussex County Health Authority. The board of health of the
Borough of Sussex shall also act as the liaison between the County
of Sussex and the Borough of Sussex in compliance with the "Local
Health Services Act," N.J.S.A. 26:3A-2.
b.
The board of health shall have the power to adopt ordinances and
regulations for the governing of the board, and the administration
of all health matters within the Borough of Sussex.
c.
The board of health of the Borough of Sussex shall administer a comprehensive
local health program, including sanitation, community health, disease
control and other services.
d.
The board of health shall advise the Mayor and Council on all matters
concerning health at such times as are reasonably necessary to keep
the governing body of the Borough of Sussex informed as to matters
concerning health within the municipality.
e.
The board of health shall have the general power and obligation to
enforce the Sussex Health Code; however, nothing in this provision
shall prevent any other person or authority from enforcing the same.
f.
The board of health shall have the general power to enforce the Sussex
Borough Maintenance Code; however, nothing in this provision shall
prevent any other person or authority from enforcing the same.
g.
The board of health shall have all of the powers presently granted
to boards of health by N.J.S.A. 26:3-31 as it is presently constituted
and as hereafter amended by the legislature of the State of New Jersey.
h.
The board of health shall have the power to adopt ordinances, in
accordance with N.J.S.A. 26:3-64 et seq. and all other applicable
New Jersey Statutes.
i.
The board of health shall propose an annual budget to the Mayor and
Common Council and shall incur no expenditure except within the amounts
provided by the budget as adopted, unless it receives the prior written
authorization by resolution from the Mayor and Common Council.
j.
The board of health shall have the power to define, regulate and
control nuisances as granted by N.J.S.A. 23:3-45 et seq.
[Amended in entirety 11-15-2022 by Ord. No. 2022-22. Prior history includes
Ord. Nos. 85-1, 08-93; Ord. No. 2008-23; Ord. No. 2010-02; Ord. 2011-16; Ord. No. 2017-04; Ord. No. 2019-02; Ord. No. 2020-12; and Ord. No. 2022-02.]
[Amended 11-15-2022 by Ord. No. 2022-22]
There is hereby established the Community and Cultural Events
Advisory Committee of the Borough of Sussex which shall serve in accordance
with the provisions of this section.
[Amended 11-15-2022 by Ord. No. 2022-22]
The Committee shall consist of five members and two alternates.
The two alternates need not be residents of or owners of a business
located in the Borough of Sussex. The five members of the Committee
shall be:
a.
One member
of the Borough Council; and
b.
A combination
of two members who shall either be member(s) of the public who have
resided in the Borough of Sussex for at least one year or business
owner(s) whose principal place(s) of business is/are in the Borough
of Sussex for at least one year and is/are not required to be resident(s)
of the Borough of Sussex; and
c.
Two members,
who need not be residents of or owners of a business located in the
Borough of Sussex.
[Amended 11-15-2022 by Ord. No. 2022-22]
All actions of the Committee shall be by majority vote of a
quorum. A quorum shall consist of three members.
[Amended 11-15-2022 by Ord. No. 2022-22]
[Amended 11-15-2022 by Ord. No. 2022-22]
a.
The Mayor
shall nominate, with the advice and consent of the Council, and appoint
members of the Committee.
b.
The chairperson
of the Committee shall be elected by the membership and shall serve
in that capacity until such time as a new chairperson is elected by
the membership.
c.
The chairperson
of the Committee shall designate a vice chairperson who shall serve
in that capacity until such time as a new vice chairperson is designated.
d.
The Mayor
shall nominate and, with the advice and consent of the Council, appoint
two alternate members to the Committee. The alternate members shall
be designated as "Alternate Number 1" and "Alternate Number 2." Alternate
members may participate in discussions of the proceedings, but may
not vote, except in the absence or disqualification of a regular member
of the Committee. In the event that a choice must be made as to which
alternate member is to vote, Alternate Number 1 shall vote.
e.
All members
of the Committee shall serve without compensation.
[Amended 11-15-2022 by Ord. No. 2022-22]
The Committee shall:
a.
Provide
guidance and advice to the Mayor and Council on all parks, playgrounds
and recreation places as dedicated, acquired or leased by the Borough
of Sussex and may recommend suitable rules and regulations for the
use thereof.
b.
Make recommendations
to the Mayor and Council regarding the use of public facilities and
recreation areas for community, recreational and cultural events and
activities.
c.
Implement
the policies established by the Council and run the community, recreational
and cultural events and activities under its jurisdiction.
d.
Upon request
of the Mayor and Council, recommend the acquisition or development
of new recreational property or facilities to the Mayor and Council.
If approved by the Borough Council, the Committee may pursue grants
or other fundraising.
e.
Act in
an advisory capacity and make recommendations to the Mayor and Council
for scheduling, organizing, and conducting community, recreational
and cultural events and activities for the benefit the Borough and
its residents.
f.
Coordinate
with vendors, service providers, and non-profit organizations to develop
new community, recreational and cultural events and activities that
will benefit the Borough and its residents.
g.
Coordinate
with Borough officials, employees, law enforcement, Fire Department
and other agencies to ensure that public and pedestrian safety needs
are met and addressed before any event taking place.
h.
When authorized
by the Mayor and Council, to assist with the supervision, coordination,
and performance of community, recreational and cultural events and
activities conducted within the Borough.
i.
Participate
in the annual budget process as it applies to funding requests for
future community, recreational and cultural events and activities
to be conducted in the Borough and make recommendations with respect
thereto.
[Amended 11-15-2022 by Ord. No. 2022-22]
The Borough Council may establish, impose and direct collection
of fees and charges as it deems reasonably necessary for the use and
enjoyment of the facilities used and programs offered for community,
recreational and cultural events and activities. The Council may by
resolution establish and amend such fees and charges. The Council
shall by resolution annually adopt a schedule of such fees and charges
for the entire year subject to change at any time by the Council.
[Amended 11-15-2022 by Ord. No. 2022-22]
The Committee shall report to the Mayor and Borough Council
on a regular basis and by way of annual report as to the programs
they conduct, the budget and improvements they recommend, the condition
of the facilities owned by the Borough of Sussex and all such further
information as reasonably relates to community, recreational and cultural
events and activities within the Borough of Sussex.
[Amended 11-15-2022 by Ord. No. 2022-22]
a.
The Committee
shall not have the authority to bind the Borough to any contract or
financial obligation absent a formal resolution adopted by the Council.
b.
The Council
shall appropriate sums which, in its opinion, are satisfactory for
the Committee to enable it to pay its expenses, if any. The Committee
shall not contract debt of any kind without the express authorization
of the Council nor beyond the amount of appropriation made for the
Committee’s use by the Council.
c.
The Committee, with the consent of the Mayor and Council, may charge and collect fees for the performance of community, recreational and cultural events and activities conducted within the Borough subject to the provisions of subsection 2-14.7. All fees shall be approved by the Mayor and Council. All monies received by the Committee shall be paid to the Borough’s Chief Financial Officer and shall be kept in a special fund dedicated for community, recreational and/or cultural events and activities.
[Ord. 09-98, SI]
There is hereby established in the Borough of Sussex a special
committee to be known and designated as the "Borough of Sussex Economic
Development Committee," hereinafter referred to as the "Committee."
[Ord. 09-98, SI]
There shall be seven members of the Economic Development Committee,
which members shall be nominated by the Mayor and appointed with the
advice and consent of the Borough Council. The members of the Committee
shall annually choose from its members the chairperson, a vice-chairperson,
a secretary, and such other officers as it may deem necessary in order
to properly function as an Economic Development Committee. The Mayor
shall be an ex officio member of the Economic Development Committee.
Members shall not be required to be residents of the Borough of Sussex.
[Ord. 09-98, SI]
a.
The members of the Economic Development Committee shall serve without
compensation.
b.
No member of the Committee shall be interested directly or indirectly
in any contracts for work or materials utilized by the Committee or
in any sales, leases or agreements in connection with lands, buildings
or other property owned or controlled by the Borough and/or the Committee,
or in any fees or compensation of any kind paid to any broker, architect,
engineer, merchant or other person doing business with the Committee
or in any other transaction of or with the Committee for the benefits
or profits thereof.
[Ord. 09-98, SI]
The term of each member shall be for a period of three years.
The initial terms of the first Committee shall expire on December
31 of the first, second and third years next ensuing after the date
of their appointment. Two members shall be appointed for one year,
two members for two years, and three members for three years. At the
expiration of each of the above terms, new members and members reappointed
shall serve for a term of three years and until their successors are
appointed and qualify to serve as members of the Committee.
[Ord. 09-98, SI]
To effectuate its purposes, the Committee shall have the power
to:
[Ord. 09-98, SI]
The Economic Development Committee is created and formed for
the following purposes:
a.
To inquire into, assess and publicize the extent, advantages and
utility of the vacant lands of the Borough of Sussex, whether Borough-owned
or otherwise;
b.
To classify such vacant lands according to their adaptability for
the settlement thereon of various types of industrial, commercial,
professional and other business enterprises;
c.
To study and analyze the various industries, professional organizations
and commercial business enterprises of the nation and, to the extent
it deems necessary for its purposes and functions, the enterprises
of other nations, with a view to ascertaining the opportunities for
the economic expansion of the Borough. In order to serve its purposes,
functions and duties, the reports, records, statistics, and similar
documents of existing federal, state, county, municipal and other
governmental and public agencies, as well as of responsible private
institutions, boards, agencies and similar bodies interested in the
compilation of the information relating to economic development, shall
be resorted to wherever possible in order to avoid unnecessary original
research and gathering of source material.
d.
To advertise the economic advantages and opportunities of the Borough
and the availability of real estate within the Borough for economic
development and to encourage and work with the Borough Council to
accomplish the settlement within the Borough of beneficial industries,
professional organizations and commercial and business enterprises.
e.
To solicit the several industries, professionals, organizations and
other commercial and business enterprises, whose settlement in the
Borough is best calculated in the judgment of the Committee to advance
the interests of the Borough and of its citizens to purchase or lease
the vacant lands and property of or in the Borough.
[Ord. 09-98, SI]
The Economic Development Committee shall not have:
[Ord. 09-98, SI]
a.
The Committee shall submit a report to the Borough Council biannually.
Those reports shall be submitted by June 15 and December 15 of each
year, and shall include Committee activities since the last report
and any results and pending results.
b.
The Committee shall also advise the Borough Council immediately of
any action or assistance needed by any other committee, commission
or board of the Borough or by the Borough Council itself.
[Ord. 09-98, SI]
The Committee shall receive from all officials, employees, and
all authorized boards, departments and offices of the Borough of Sussex
such assistance as may be required by the Committee in the performance
of the duties of the Committee, and the Committee shall also be given
access to all municipal records and information which may assist the
Committee in the performance of its duties.
[Ord. 09-98, SI]
There shall be appropriated in each annual budget of the Borough
of Sussex such sum as may be determined by the Borough Council to
be necessary for the purpose of advertising the advantages of this
Borough, and the Committee herein established is authorized to utilize
and expend said funds for such purposes upon the adoption of the annual
budget.
[Ord. 09-98, SI]
The members of the Committee shall appoint a secretary of the
Economic Development Committee who shall be a member of the Committee.
The secretary shall keep an accurate record of the meetings and shall
also take care of any and all correspondence concerning the functions
of the Committee.
[Ord. 2008-03, S1]
Pursuant to the provisions of N.J.S.A. 40:64-1 et seq., a municipal
shade tree commission is hereby created.
[Ord. 2008-03, S1; Ord. 2011-18]
The Shade Tree Commission of the Borough of Sussex as established
by ordinance and appointed by the Mayor, is hereby continued consistent
with N.J.S.A. 40:64-1 et seq. and shall be composed of five members
and may include up to two additional alternate members. The majority
of the members shall be residents of the Borough of Sussex and shall
serve without compensation. Any vacancy occurring by reason of the
death, resignation or removal of any member shall be filled for the
unexpired term by a person appointed by the Mayor.
[Ord. 2008-03, S1]
The terms of all existing shade tree commission members shall
continue in accordance with their original appointment. The members
and alternate members shall be appointed by the Mayor to serve a three-year
term. The terms of office of the members shall be so arranged that
the terms of no more than two members shall expire in any one year.
The alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. The alternate member with the longest tenure shall be selected
first to vote when there are not five regular members present or eligible
to vote.
[Ord. 2008-03, S1]
The commission shall organize, within 30 days after the appointment
of its total membership and annually thereafter, by the election of
one of its members as chairman and the appointment of a secretary,
who need not but may be a member of the commission.
[Ord. 2008-03, S1]
The shade tree commission appointed and organized pursuant to
this section shall have the following powers within the Borough of
Sussex:
a.
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 any public highway, park or parkway,
except such as are excluded pursuant to N.J.S.A. 40:64-1, including
the planting, trimming, spraying, care and protection thereof.
b.
Regulate and control the use of the ground surrounding the same so
far as may be necessary for their proper growth, care and protection.
c.
Move or require the removal of any tree or part thereof dangerous
to public safety.
d.
Encourage arboriculture; make, alter, amend and repeal, in the manner
prescribed for the passage, alteration, amendment and repeal of ordinances
by the governing body of the municipality, any and all ordinances
necessary or proper for carrying out the provisions hereof.
e.
Administer treatment to or remove any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the municipality,
and enter upon private property for that purpose with the consent
of the owner thereof, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture.
f.
Such other powers as may from time to time be granted by N.J.S.A.
40:64-1 et seq.
[Ord. 2008-03, S1]
a.
During the month of November in each year, the shade tree commission
shall certify to the governing body of the municipality the estimated
sum necessary for the proper conduct of its work during the ensuing
fiscal year, including expenses of commission members in discharging
official duties, including expenses incident to attendance at professional
meetings, purchase of trees and shrubbery, and purchase of necessary
equipment and materials and the cost of services for the prudent promotion
of the work.
b.
The governing body of the municipality shall annually appropriate
such sum as it may deem necessary for said purposes.
[Ord. 2008-03, S1]
Nothing in this chapter shall be construed to make the shade
tree commission or any member thereof responsible for the death or
injury of any person or for an injury to any property or highway tree
or shrub.
[Added 11-16-2021 by Ord.
No. 2021-19]
There is hereby established in the Borough of Sussex a body
known as the "Beautification Committee." The mission of the Beautification
Committee is to enhance the overall visual appearance of our community
and promote nice looking neighborhoods and enrich the quality of life
in our Borough.
[Added 11-16-2021 by Ord.
No. 2021-19]
The Beautification Committee shall consist of seven members
and two alternates. The two alternates shall be persons who have resided
in the Borough of Sussex for at least one year. The seven members
of the Committee shall be:
a.
One member of the Borough Council;
b.
A combination of four members who shall either be member(s) of the
public who have resided in the Borough of Sussex for at least one
year or business owner(s) whose principal place(s) of business is/are
in the Borough of Sussex for at least one year and is/are not required
to be resident(s) of the Borough of Sussex;
c.
Two members, who need not be residents of or owners of a business
located in the Borough of Sussex; and
d.
Up to 20 additional nonvoting volunteer members appointed by the
Borough for two-year terms. May be citizens, property owners, or business
owners.
[Added 11-16-2021 by Ord.
No. 2021-19]
a.
The Mayor shall nominate, with the advice and consent of the Council,
members of the Beautification Committee.
b.
The Chairperson of the Beautification Committee shall be elected
from the membership and shall serve in that capacity until such time
as a new Chairperson is elected by the membership.
c.
The Chairperson of the Beautification Committee shall designate a
Vice Chairperson who shall serve in that capacity until such time
as a new Vice Chairperson is designated.
d.
The Mayor shall nominate and, with the advice and consent of the
Council, appoint two alternate members to the Beautification Committee.
The alternate members shall be designated as "Alternate Number 1"
and "Alternate Number 2." Alternate members may participate in discussions
of the proceedings, but may not vote, except in the absence or disqualification
of a regular member of the Beautification Committee. In the event
that a choice must be made as to which alternative member is to vote,
Alternate Number 1 shall vote.
e.
All members of the Beautification Committee shall serve without salary.
[Added 11-16-2021 by Ord.
No. 2021-19]
[Added 11-16-2021 by Ord.
No. 2021-19]
The Committee shall:
a.
Encourage private citizens, businesses, and other entities to beautify
buildings and landscapes of residential, commercial, or public properties
within the Borough.
b.
Stimulate public interest in overall community appearance.
c.
Establish a process and criteria for Borough beautification awards,
select recipients of annual awards, and officially and publicly recognize
at a meeting of the Borough Council those businesses, individuals,
and entities that have made concerted and sustained efforts to enhance
and beautify the appearance of buildings or landscapes in the Borough.
d.
Using the process and criteria established above, nominate, solicit
nominations and present annual awards for Borough beautification.
e.
Advise, when requested, Borough commissions and departments, community
nonprofit organizations and other entities interested in community
beautification and increased awareness of good landscaping practices,
community-wide cleanup efforts and individual and group efforts for
beautification.
[Ord. 85-3]
The persons holding the office, position and employment as full
time municipal superintendents of public work who have held that office
and position continuously for five years or more shall continue to
hold that office, notwithstanding any appointment for a fixed term,
during good behavior and efficiency. Those persons shall not be removed
from their position except for good cause, upon a hearing.
[Ord. 85-3; Ord. 2008-15, S2]
As used in this section, "municipal superintendent of public
works" shall mean the employee of the municipality whose duties include
supervising the maintenance of streets, roads, avenues, buildings,
public places and sewer and water utilities. It shall further be defined
to mean the designated supervisor of the sewer and water department
and the designated supervisor of the road department.
The municipal superintendent of public works shall be responsible
for supervising all employees in the department and attending all
required meetings including governing body meetings, planning board,
and property maintenance board meetings, as requested.
[Ord. 85-3]
This act shall take effect immediately upon passage and adoption
according to law.
[Ord. 85-3]
This act shall not be construed to provide that a person may
continue to hold this position when he shall have attained 70 years
of age or such younger age as is established by law for retirement.
[Ord. 89-1, S1; New]
Financial business of the Borough shall be committed to the
department of finance which shall be headed by the chief financial
officer of the bureau. The chief financial officer must meet all requirements
of N.J.S.A. 40A:9-140.1 et seq. and shall carry out the responsibilities
set forth under N.J.S.A. 52:27BB-26 et seq. The chief financial officer,
in addition to serving as director of finance, may also serve as the
head of the division of finance (Borough Treasurer).
The chief financial officer shall receive such compensation
as provided within the salary ordinance of the Borough of Sussex.
[New]
Pursuant to N.J.S.A. 40A:9-133 et seq., there shall be a municipal
Clerk appointed by the Mayor and Borough Council. The term of office
of the Clerk shall be three years which shall begin on the actual
date of appointment. (N.J.S.A. 40A:9-133.1)
[New]
No person shall be appointed or reappointed as Borough Clerk
unless that person shall have a registered municipal Clerk certificate
issued pursuant to N.J.S.A. 40A:9-133 et seq.
[New]
The compensation for the municipal Clerk shall be established
in the salary ordinance.
[Ord. 2009-12, S1]
There is established within the Borough a fire department and
first aid squad known as the Sussex Fire Department, Inc., which shall
be recognized as the official provider of emergency services to the
Borough.
[Ord. 2009-12, S1]
The fire department and first aid squad shall consist of the
present members together with such members as shall hereafter be elected
by the department and approved by the governing body.
[Ord. 2009-12, S1]
The Sussex Fire Department, Inc. shall adopt bylaws, rules and
regulations which shall be submitted to the Mayor and Council for
approval. When approved by the Mayor and Council, they shall govern
the Sussex Fire Department, Inc.
[Ord. 2009-12, S1]
The fire department so created shall keep such records and make
such reports as are required by law and shall make reports to the
Mayor and Council when requested to do so, but not less than annually.
[Ord. 11-90, S1]
a.
Any party, entity, agency, governmental authority or individual requiring
or requesting the Department of Public Works of the Borough of Sussex
to perform services or make repairs which would be the responsibility
of the requesting party, shall reimburse the Borough of Sussex at
the prevalent wage rate as established by the New Jersey Department
of Labor.
b.
All requests, other than emergency services, shall be submitted in
writing to the superintendent of public works and shall be approved
by the chairman of the Public Works Committee or the Mayor and Council,
before such work is commenced.
c.
In the event any person or entity creates or allows any situation
which is dangerous to the health, safety or welfare of the Borough
or Borough property and fails to correct the emergency within the
reasonable time period required by either written or oral notification
from Borough authorities, including any extensions, then the Borough
may abate the situation and the responsible party will be charged
as set forth in this section.
d.
Department of public works employees will be paid by the Borough
of Sussex at their current hourly rate as established by the Borough
of Sussex.
e.
If third party contractual services or equipment is engaged by the
Borough of Sussex, the charge to the responsible party shall be the
greater of the Borough's actual cost for such services and equipment
or the prevailing wage rate.
f.
A responsible party shall reimburse the Borough of Sussex for all
actual costs and expenses above and beyond prevailing wage rates.
[Ord. 11-90, S2]
a.
Nothing in this section shall be construed to require the Borough
of Sussex to undertake any services or repair, emergency or otherwise.
[1]
Editor's Note: Former § 2-19, Borough Administrator/Clerk
(Deputy), previously codified herein and containing portions of Ordinance
Nos. 13-91 and 19-93, was repealed in its entirety by Ordinance No.
2004-15.
[Ord. 2004-15, S2]
There is hereby established the position of Borough Clerk pursuant
to N.J.S.A. 40A:9-133 et seq.
[Ord. 2004-15, S2]
Prior to his or her appointment as Borough Clerk the individual
shall be qualified by training, certification and experience to perform
the duties of the office. The Borough Clerk shall be appointed by
the Mayor with the advice and consent of at least two-thirds of the
Borough Council. The term of office shall be three years from the
date of appointment. In the event of a vacancy the appointment shall
be for a new term and not for the unexpired term.
[Ord. 2004-15, S2]
The Borough Clerk does not need to be a resident of the Borough.
[Ord. 2004-15, S2]
The Borough Clerk shall:
a.
Serve as Clerk of the governing body and secretary of the municipal
corporation, prepare agendas, attend all meetings of the governing
body, prepare and keep the minutes, and record and retain the originals
of all resolutions and ordinances.
b.
Serve as custodian of the Borough's records, including meeting minutes,
books, deeds, bonds, contracts, leases, archival records and all other
documents of the Borough for which no other repository is provided
by law or ordinance.
c.
Serve as custodian of the Borough seal, affixing it to documents
as authorized by the governing body or required by law or ordinance.
d.
Exercise the duties of local registrar of vital statistics pursuant
to N.J.S.A. 26:8-11.
e.
Serve as chief registrar of voters and chief administrative officer
in all elections held in the Borough, pursuant to N.J.S.A. Title 19.
f.
Carry out the pertinent provisions of such licensing laws and ordinances
as may be assigned.
g.
Report to the governing body annually, or as otherwise requested
or required, regarding the Borough's insurance program.
h.
Provide a liaison between the governing body and the various municipal
boards, agencies and departments of the Borough and its professional
advisors.
i.
Manage the day-to-day operations of the Borough Hall.
j.
Perform such other duties as the governing body may assign.
k.
The Municipal
Clerk shall also exercise all duties of a Borough Administrator, as
provided by N.J.S.A. 40A:9-136; may use the title of “Municipal
Clerk/Administrator”, shall work with the administrative team,
which shall include the Chief Financial Officer and the Mayor; and
shall perform the following duties as assigned by the Mayor with the
consent of the Borough Council:
[Added 5-21-2019 by Ord. No. 2019-05]
1.
Serve as chief administrative officer of the Borough.
2.
Attend meetings of the Mayor and Council and other boards, as required,
with the right to participate in all discussions, but without the
right to vote.
3.
Advise the Mayor and Council on policy decisions.
4.
Execute all applicable laws of the State of New Jersey and ordinances
and resolutions of the Borough.
5.
Recommend the appointment and/or removal of employees for whose selection
and removal no other method is provided by law.
6.
As instructed by the Council, negotiate contracts which are subject
to the approval of the Mayor and Council.
7.
Represent, or so direct the administrative team to represent, the
Borough, with the approval of the Mayor and Council, in its relations
with the Federal government, State, County and other municipalities
and assess the Borough's interest in contracts, franchises and other
business transactions.
8.
Investigate the affairs of any officer, employee or department at
the request of the Mayor and Council and report thereon.
9.
Work with the residents and business owners of the Borough to ensure
that their inquiries or complaints are properly followed up by the
appropriate Borough department.
10.
Work with the Chief Financial Officer and Mayor to establish and
maintain effective personnel practices and maintain appropriate records
of all employees, including the development of a systematic review
of employee performance.
11.
Carry out or so direct the Borough staff to carry out the policies
established by the Mayor and Council.
12.
Oversee and disseminate information to the Mayor and Council.
13.
Work with the Chief Financial Officer, prepare the annual and capital
budgets, in consultation with department heads and committees as may
be established by the Mayor and Council, and submit them to the Mayor
and Council as needed or requested by the Mayor and Council.
14.
Work with the Mayor and Council and Chief Financial Officer to annually
establish the priority of capital projects needed in the Borough,
research the projects and budget the necessary funding to adequately
and realistically complete the projects in a prudent and expedient
time frame.
15.
Receive copies of all reports and documents required by the Mayor
and Council of all Borough department heads, officers, employees,
committees, commissions, authorities and/or contractors/vendors.
16.
Work with the Chief Financial Officer and qualified purchasing agent
to develop procedures for the purchase and distribution of materials,
supplies and equipment.
17.
Serve as one of the Borough's purchasing agents. In such capacity,
the Clerk shall purchase, in accordance with the provisions of the
governing statutes and generally accepted purchasing practices and
in coordination as applicable with the qualified purchasing agent,
supplies and equipment for the various boards, departments and offices
of the Borough.
18.
Delegate to such individuals, officers or departments as may be appropriate,
as he or she may deem necessary for the efficient administration of
the Borough.
19.
Keep the Mayor and Council informed as to Federal aid projects and
State aid projects and other aid programs or grants for which the
Borough may qualify.
20.
Perform such other duties as may be required by ordinance, resolution
or direction of the Mayor and Council.
21.
Work with the Borough's water operator, Department of Public Works
and other staff and vendors providing services in connection with
the operation of the Borough's water and sewer system with respect
to the financial, personnel, administrative and office needs and requirements;
and report to the Mayor and Council on these matters.
[Ord. 2004-15, S2]
There is hereby established the position of Borough Deputy Clerk
pursuant to N.J.S.A. 40A:9-135.
[Ord. 2004-15, S2]
The Deputy Clerk shall be appointed by the governing body in
the same manner as the Borough Clerk. The term of office of the Deputy
Clerk shall be one year.
[Ord. 2004-15, S2; amended 5-21-2019 by Ord. No. 2019-05]
The Deputy Clerk shall:
a.
During the absence, disability or disqualification of the Borough
Clerk, have the powers of the Borough Clerk and perform the functions
and duties of such office.
b.
Perform such duties and functions as may be assigned from time to
time by the Borough Clerk when he/she is present and able to carry
out the functions and duties of his/her office, or as may otherwise
be directed by the governing body or ordinance.
|
ARTICLE I
Payment Procedures
|
[Ord. 025-94, SI]
The Borough Finance Officer, in consultation with the chairman
of the Borough Finance and Administration Committee, is hereby authorized
to promulgate and establish from time to time procedures and regulations
for the preparation and use of purchase orders and for the payment
of bills; provided however that any and all such procedures or regulations
shall not become effective until approved by a resolution of the Mayor
and Council.
[Ord. 025-94, SI]
Until amended or supplemented by procedures or regulations promulgated pursuant to Subsection 2-20.1, the procedures and regulations for the purchase of orders and payment of bills shall be as set forth in Schedule A annexed hereto and made a part hereof.
|
SCHEDULE A
RULES FOR PURCHASING ORDERS, BILLING AND PAYMENT
|
II.
All copies must be accounted for when requesting the original purchase.
III.
1.
The
person originating the purchase shall prepare all copies legibly,
with the name of the supplier, description of item or service, budget
account number, date of delivery, requested terms and amount.
2.
If a firm price is not available a realistic estimate shall be filed.
In the case of repairs, a vendor shall not proceed without price approval.
3.
All purchase orders shall be returned to the Treasurer for review
except for the original which shall be kept by the person originating
the order. The Treasurer shall forward all vouchers first to the Administrator
for approval and signature and then to the Finance Committee for review.
4.
If ordered material or services are not received in a reasonable
time, the department head shall notify the Treasurer.
5.
The Treasurer shall keep purchase orders (copies #2 and #3) in a
numerical and alphabetical file, respectively.
6.
No voucher shall be paid without prior approval of purchase order,
unless declared an emergency, in accordance with health and safety
provisions of the municipality.
7.
Any voucher received by the Finance Committee after the time of limitations
for review, shall not be paid until the next regularly scheduled meeting
for payment of bills, unless said bill is added at the meeting on
the approved list for Council approval of payment.
8.
If the money is not available the purchase order shall be withheld
by the Treasurer and reviewed by the Finance Committee for disposition
by the Mayor and Council.
9.
The Treasurer shall certify that each bill is in order and is mathematically
correct and that funds are available.
10.
All billing forms shall be available for the Finance Committee
during regular working hours.
11.
The Finance Committee shall approve all vouchers to be paid.
One member of the Finance Committee shall approve each voucher by
affixing their signature. The Finance Committee shall inspect all
vouchers prior to approval.
12.
The Treasurer shall prepare a bill list with the bill number,
vendors name, brief description of goods or service and amount. The
Treasurer shall supply copies of the voucher list to the Administrator,
Mayor, Council, and Borough Clerk.
13.
The Mayor, Clerk, and Treasurer shall sign all checks approved
by the Council, determining if the checks being signed match the voucher
list.
14.
No voucher or purchase order or its copies once received by
the Treasurer shall be removed from the Treasurer's office except
for the orderly process of this ordinance.
15.
A resolution shall be duly adopted by roll call vote, at the
regular or special meeting of the Mayor and Council approving the
bills to be paid. The resolution shall indicate any bills to be withheld
from payment with instruction to the Treasurer for such withdrawal.
16.
All checks shall be promptly signed by the Mayor, Treasurer
and Clerk. Such checks shall be mailed the next regular working day
to the vendors by the Treasurer's office.
17.
The next regular working day following the meeting, the Borough
Clerk shall present to the Borough Treasurer a copy of the voucher
list certifying approval and indicating any bills withdrawn and reason
for such action.
18.
Upon receipt of the approved voucher list, the Treasurer shall
make proper entries in the cash disbursement books and also enter
in the commitment ledger on the line of entry of each order the date
paid and check number.
19.
At least quarterly, the Borough Treasurer shall prepare a statement
of statutory budget and ordinance appropriations setting forth the
amount appropriated, disbursed to date, unpaid orders and the resulting
uncommitted balance.
20.
All vouchers shall be submitted to the Treasurer's office by
the Wednesday prior to the third Monday of the month and submitted
to the Finance Committee to review the Thursday before the third Monday
of the month, then to the Mayor and Council for final approval.
21.
Plain white vouchers shall be used for professional fees, petty
cash, travel expense, postage, group health care, utilities or any
purchases under $20.
|
ARTICLE II
Awarding Contracts
|
[Ord. 2010-26, S1]
For purposes of this article, the following words shall have
the meanings indicated:
Shall mean the municipality of Sussex, and all agencies,
boards, utilities, authorities, departments and instrumentalities
thereof.
Shall mean any candidate committee or joint candidate committee
established for the candidacy to any elected office in the Borough
of Sussex pursuant to N.J.S.A. 19:44A-1 et seq. and any New Jersey
Election Law Enforcement Commission regulations promulgated thereto,
N.J.A.C. 19:25-1.1 et seq.
Shall mean as defined as per the New Jersey Election Law
Enforcement Commission regulations set forth at N.J.A.C. 19:25-1.1
et seq.
Shall mean any political party committee established pursuant
to N.J.S.A. 19:5-2 in the Borough of Sussex and any New Jersey Election
Law Enforcement Commission regulations promulgated thereto, N.J.A.C.
19:25-1.1 et seq.
Shall mean an individual, firm, corporation, partnership,
limited liability partnership, limited liability company, any and
all labor unions (which shall include labor unions affiliated with
the Borough of Sussex and labor unions not affiliated with the Borough
of Sussex) or other entity contracting with the Borough of Sussex.
"Professional business entity" shall also mean, refer to and include
all individuals who own ten percent or more of the equity in the entities
described in the preceding sentence, including their spouses and children
living in the same residence. Thus, individuals with ten percent or
more ownership of or equity in a business entity may not avoid the
contributions limitations by contracting with the Borough of Sussex
in his or her individual name.
[Ord. 2010-26, S1]
a.
To the extent that it is not inconsistent with state or federal law, the Borough of Sussex shall not enter into any agreement or otherwise enter into a contract for professional services with any professional business entity and/or contracts with labor unions if such professional business entity has made any contribution of money, or pledge of a contribution, including reportable in-kind contributions, in excess of the thresholds specified in Subsection b within one calendar year immediately preceding the date of such contract or agreement to:
1.
A campaign committee of any municipal candidate or holder of public
office in the Borough of Sussex having ultimate responsibility for
the award of a contract; or
2.
Any municipal political party committee organized in the Borough
of Sussex; or
3.
Any continuing political committee that regularly engages in the
support of municipal elections in the Borough of Sussex and/or municipal
political party committees organized in the Borough of Sussex.
b.
Limits for Permitted Contributions.
1.
Any professional business entity under this section shall be permitted,
without violating Subsection a., to annually contribute:
(a)
A maximum of $300 to the candidate committee of any municipal
candidate or holder of public office in the Borough of Sussex; and/or
(b)
A maximum of $300 to a political party committee organized in
the Borough of Sussex; and/or
(c)
$500 to a continuing political committee subject to this article.
2.
Notwithstanding the limitations set forth above, any professional
business entity under this section may not annually contribute in
the aggregate in excess of $2,500 to all candidate committees, political
party committees and continuing political committees referenced in
this article combined without violating this article.
c.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be the
Borough of Sussex governing body, if the contract requires approval
or appropriation from the governing body.
[Ord. 2010-26, S1]
No contribution of money or any other thing of value, including
reportable in-kind contributions, made by a professional business
entity subject to this article to any candidate committees, political
party committees, and continuing political committees referenced in
this article shall be deemed a violation of this article if that contribution
was made by the professional business entity prior to the effective
date of this article. (Ordinance No. 2010-26, codified herein, was
adopted November 16, 2010)
[Ord. 2010-26, S1]
a.
Prior to awarding any contract or agreement to procure services with
any professional business entity, the Borough of Sussex shall receive
a sworn statement from the professional business entity, made under
penalty of perjury, that the contracting party has not made a contribution
in violation of this article.
b.
The professional business entity shall have a continuing duty to
report any violations of this article. The certification required
under this subsection shall be made prior to entry into the contract
with the Borough of Sussex, and shall be in addition to any other
certifications that may be required by any other provision of law.
[Ord. 2010-26, S1]
A professional business entity, or municipal candidate committee,
or Borough of Sussex political party committee or continuing political
committee referenced in this article, may cure a violation of this
article if, within the later of 60 days after the general election
or 60 days after the applicable Election Law Enforcement Commission
Report including the relevant contribution is filed, the professional
business entity seeks and receives reimbursement of the contribution
from the relevant municipal candidate committee, Borough of Sussex
political party committee or continuing political committee referenced
in this article.
[Ord. 2010-26, S1]
a.
The contribution limitations set forth in Subsection 2-20.4 do not apply to contracts which are required by law to be awarded to the lowest responsible bidder or to any nonprofessional service contracts.
b.
This Article shall only apply to professional service contracts.
This Article shall not apply to contracts specifically exempted from
the requirement to be publicly bid under N.J.S.A. 40A:11-5 et seq.
and N.J.S.A. 58:27-19 et seq.; except professional services.
c.
This Article shall not apply to contracts awarded under exigent circumstances.
[Ord. 2010-26, S1]
a.
It shall be a breach of the terms of the Borough of Sussex professional
service agreement to knowingly and intentionally:
1.
Make or solicit a contribution in violation of this article;
2.
Conceal or misrepresent a contribution given or received;
3.
Make or solicit contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
4.
Make or solicit any contribution on the condition or with the agreement
that it will be contributed to a candidate committee of any candidate
or holder of the public office of Borough of Sussex;
5.
Engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution,
which if made or solicited by the business entity itself, would subject
that entity to the restrictions of this article;
6.
Fund contributions made by third parties, including consultants,
Attorneys, family members, and employees;
7.
Engage in any exchange of contributions to circumvent the intent
of this article; or
8.
Directly or indirectly, through or by any other person or means,
do any act which would subject that entity to the restrictions of
this article.
b.
Furthermore, any individual or professional business entity that
violates paragraphs a1 through 7 shall be disqualified from eligibility
for future Borough of Sussex contracts for a period of four calendar
years from the date of the violation.
[New]
Pursuant to N.J.S.A. 40A:9-146 et seq., the governing body shall
provide for the appointment of a municipal tax assessor and such deputy
tax assessors as it may determine necessary.
[New]
The governing body shall determine the amount of compensation
of the tax assessor by ordinance.
[New]
[New]
Pursuant to N.J.S.A. 40A:9-148.1, the tax assessor shall hold
a tax assessor certificate provided for in N.J.S.A. 54:1-35.25 et
seq. and shall have the duty of assessing property for the purpose
of general taxation.
[New]
Pursuant to N.J.S.A. 40A:9-141 et seq., there shall be a municipal
tax collector appointed by the governing body. The office of municipal
tax collector and municipal Treasurer or municipal Clerk may be held
by the same person.
[New]
[New]
No person shall be appointed or reappointed as municipal tax
collector unless he shall hold a tax collector certificate issued
pursuant to N.J.S.A. 40:9-141, 40A:9-145.2 and 40A:9-145.3a.
[New]
The governing body shall determine the amount of compensation
of the tax collector by ordinance.
[New]
Pursuant to N.J.S.A. 40A:9-145.6, no person shall serve as a
tax collector who is a member of the governing body of a municipality.
[New]
Pursuant to N.J.S.A. 40A:9-140, the governing body shall provide
for the appointment of a Borough Engineer.
[New]
Unless otherwise provided by law, the term of office of the
Borough Engineer shall be three years.
[New]
Pursuant to N.J.S.A. 40A:9-139, there shall be a municipal attorney
appointed by the governing body.
[New]
Unless otherwise provided by law, the term of office of the
municipal attorney shall be one year.
[New]
The compensation for the Borough Attorney shall be established
in the salary ordinance.
[New]
All papers, documents, memorandum, and other materials relating
to prosecution or to the duties of the Borough Attorney shall be and
shall remain the property of the Borough.
[Ord. 2011-16, S2]
A member of any board, committee, commission, authority or other
agency of the Borough of Sussex not subject to state guidelines for
removal of such members may be removed for absenteeism, and the vacancy
created by such removal shall be filed in the same manner as originally
appointed.
[Ord. 2011-16, S2]
The office of any person appointed to a specified term, with
or without compensation, by the Sussex Borough Mayor and Council or
Administrator, including persons appointed to any board, committee,
commission, authority or other agency relating to a joint or shared
service, shall be deemed vacant whenever the member, without being
excused by majority by the authorized members of such body, fails
to attend and participate at meetings of such body for a period of
six consecutive weeks, or three consecutive 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. Further, such board, committee, commission, authority
or other agency may refuse to excuse only with respect to those failures
to attend and participate that are not due to legitimate illness.
[New]
The position of emergency management coordinator is hereby created.
[New]
a.
The emergency management coordinator shall be responsible for the
development, coordination and activation of a municipal mutual aid
and emergency management plan; shall request, when needed, emergency
management facilities and services available from the county and state
governments, and shall perform such duties as the governing body may
direct.
b.
Whenever, in the opinion of the coordinator, a disaster has occurred
or is imminent in the Borough of Sussex, he shall proclaim a state
of local disaster emergency within the Borough of Sussex. The emergency
management coordinator, in accordance with regulations promulgated
by the State Director of Emergency Management, shall be empowered
to issue and enforce such orders as may be necessary to implement
and carry out emergency management operations and to protect the health,
safety and resources of the residents of the Borough of Sussex.
[Ord. 99-09, SSII—IX]
a.
Created. There is hereby created in the office of emergency management
of the Borough of Sussex a dive team. The dive team in the office
of emergency management shall consist of the Sussex Borough emergency
management coordinator (EMC) and any other persons which may be recommended
by the Sussex Borough emergency management coordinator to the Mayor
for the Mayor's appointment.
b.
Term. There shall be no length of term for members of the Borough
of Sussex dive team.
c.
General Qualifications of Dive Team Members. No person shall be appointed
as a member of the dive team in the office of emergency management
of the Borough of Sussex unless such person is a citizen of the United
States; is sound in body and of good health; able to read, write and
speak the English language well and intelligently; is of good moral
character; and has not been convicted of any criminal offense involving
moral turpitude.
d.
Compensation. All members of the Sussex Borough dive team shall serve
the Borough without receiving any compensation from the Borough, since
all members of the Borough of Sussex dive team shall serve the Borough
of Sussex on a purely volunteer basis.
e.
Dive Team Commander and Utilization of the Incident Command System.
The Sussex Borough emergency management coordinator (or the highest-ranking
deputy emergency management coordinator) shall be the dive team commander
and will utilize the incident command system as established by the
New Jersey State Police/Office of Emergency Management.
f.
Purpose of Dive Team. The express purpose of the Sussex Borough dive
team will be to provide underwater search and rescue (S&R) operations
for all bodies of water owned and/or maintained by the Borough, whether
the bodies of water are located within the territorial limits of the
Borough, or outside of the territorial limits of the Borough. Furthermore,
the dive team may also be utilized at the discretion of the Mayor
or the Sussex Borough emergency management coordinator to assist in
the routine or special needs of the Borough of Sussex relative to
water resource management.
g.
Authority to Practice/Drill in Waters Owned by Borough. The Sussex
Borough dive team shall have the authority to practice/drill in any
waters owned by the Borough of Sussex.
h.
Mutual Aid Requests. The Borough of Sussex dive team may also respond
to mutual aid requests for search and rescue (S&R) operations
from outside the territorial limits of the Borough of Sussex.
[Ord. 98-06, SI]
The position of payroll Clerk of the Borough of Sussex, as heretofore
established, is hereby terminated and abolished in the interests of
economy and efficiency.
[Ord. 98-06, SI]
Upon the effective date of this section, there is hereby created
the position of payroll data entry specialist within the Borough of
Sussex.
[Ord. 98-06, SI]
The duties with respect to the position of payroll data entry
specialist shall be as follows:
a.
Work with and cooperate with the payroll service firm contracted
with by the Borough of Sussex;
b.
Provision of time card and input information;
c.
Maintaining records concerning employees' attendance, vacation and
sick time accruals;
d.
All information and records concerning employees' pension payments;
e.
Ensuring that the appropriate tax payments are made to the applicable
federal and state authorities;
f.
Provision of all services relating to quarterly tax filing (941 and
UC27);
g.
Any and all other services as required in the discretion of the Mayor,
Borough Council, and/or Borough Administrator.
[Ord. 98-06, SI]
The compensation with respect to the position of payroll data
entry specialist shall be as determined in the annual salary ordinance
of the Borough of Sussex.
[Ord. 2003-11, S1]
A Length of Service Awards Program is hereby created in accordance
with N.J.S.A. 40A:14-183 et seq.
[Ord. 2003-11, S2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each member of the Sussex Borough volunteer
fire department that meets the criteria set forth below. Such contributions
shall be made in accordance with a plan that shall be established
by the Borough of Sussex and shall be administered in accordance with
the laws of the State of New Jersey, the United States Internal Revenue
Service and this section.
[Ord. 2003-11, S3]
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 Township Volunteer Fire Department:
77 Members x $500 per member = $38,500
|
|
Wantage Township Volunteer First Aid Squad:
50 members x $500 per member = $25,000
|
|
Sussex Borough Volunteer Fire Department:
50 Members x $500 per member = $25,000
|
|
Total Program Costs: $88,500
|
|
Wantage Township shall be responsible for 72 percent of this
total annual cost, calculated to be $63,720.
|
|
Sussex Borough shall be responsible for 28 percent of this total
annual cost calculated to be $24,780.
|
d.
Starting calendar year 2019, the Borough's annual contribution for
each eligible member shall be adjusted automatically in accordance
with the changes in the Consumer Price Index as utilized or determined
by the Director of the New Jersey Division of Local Government Services
for LOSAP-adjustment calculation purposes.
[Added 10-16-2018 by Ord.
No. 2018-09]
[Ord. 2003-11, S5]
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]
[1]
Editor's Note: This section was ratified by the voters of
the Township of Wantage and the Borough of Sussex at the General Election
of November 4, 2004.
Each active volunteer member shall be credited with points for
volunteer services provided to the Sussex Borough volunteer fire department
in accordance with the following schedule:
See Schedule "A" attached for the Points Schedule of the Borough
of Sussex volunteer fire department. (Ord. 2003-11, S6)
|
SCHEDULE A
BOROUGH OF SUSSEX VOLUNTEER FIRE DEPARTMENT LENGTH OF SERVICE
AWARD PROGRAM "LOSAP" POINT SYSTEM
| |
|---|---|
|
A year of service shall be credited under a service program
for each calendar year after establishment of the program in which
an active volunteer fire fighter accumulates at least 50 points.
| |
|
Participation in Department Responses:
|
50 Points
|
|
Maximum
| |
|
61% - 100%
|
50 Points
|
|
51% - 60%
|
40 Points
|
|
41% - 50%
|
30 Points
|
|
31% - 40%
|
20 Points
|
|
21% - 30%
|
10 Points
|
|
11% - 20%
|
5 Points
|
|
0% - 10%
|
0 Points
|
|
Length of Service:
|
30 Points
|
|
Maximum
| |
|
0 - 7 Years of Service =
|
7 Points
|
|
8 - 30 Years of Service =
|
1 Point for each completed year of service
|
|
Drills:
|
24 Points
|
|
Maximum
| |
|
Minimum 2 hour firematic drill
|
2 Points per drill
|
|
Attendance at Meetings:
|
20 Points Maximum
|
|
Attendance at any official meeting of the Volunteer
Fire Company or Fire Department
|
2 Points per meeting
|
|
Parades and Funeral Participation:
|
20 Points Maximum
|
|
Participation in Parade
|
5 Points
|
|
Participation in Funeral
|
3 Points
|
|
Participation in Honor Guard
|
2 Points
|
|
Participation in Service (wake)
|
1 Point
|
|
Training Courses:
|
25 Points Maximum
|
|
Courses under 20 hours in duration
|
1 Point per hour
maximum of 5 Points
|
|
Courses 20 - 45 hours in duration
|
1 Point per hour over the initial 20 hours with a maximum of
10 Points
|
|
Courses over 45 hours in duration
|
15 Points per Course
|
|
Sleep-In (Floods, Snow Conditions, etc.):
|
20 Points Maximum
|
|
Each full night
|
2 Points
|
|
Elected or Appointed Position:
|
25 Points Maximum
|
|
Line Officers
(Assistant Engineers, Engineer, Lieutenant, Captain,
Assistant Chief, Deputy Chief, Chief and Ex-Chief)
|
25 Points
|
|
Staff Officers
(President, Vice President, Secretary and Treasurer)
|
20 Points
|
|
LOSAP Administrator
|
25 Points
|
|
Ex-Assistant Chief; Ex-Deputy Chief
|
15 Points
|
|
Miscellaneous Activities:
|
16 Points Maximum
|
|
Attendance at inspections, formal fund-raising activities
and other official Fire Department and Company activities not falling
under one of the other categories
|
1 Point per activity
|
|
TOTAL
|
230 Points Maximum
|
|
To qualify for compensation for the year of service, following
the slide scale method will be used:
| |
|
0 Points to 49 Points =
|
Zero Compensation
|
|
50 Points to 74 Points =
|
50% Compensation (of which at least 20 Points must be Department
responses)
|
|
75 Points to 99 Points =
|
75% Compensation (of which at least 20 Points must be Department
responses)
|
|
100 Points to 230 Points =
|
100% Compensation (of which at least 20 Points must be Department
responses)
|
[Ord. 2014-01 § 1]
The definitions contained in N.J.S.A. 40A:21-3 are incorporated
herein by reference as if set forth at length. As used in this section,
words shall have the meanings as so defined unless a different meaning
is expressed.
[Ord. 2014-01 § 2]
The Borough hereby authorizes the utilization of tax exemption
and abatement in accordance with Article VIII, Section I, Paragraph
6, of the New Jersey Constitution and establishes the eligibility
of commercial and industrial structures for five-year tax exemptions
and abatements within Area A of The Route 23 Rehabilitation Area of
the Borough of Sussex, which is an area in need of rehabilitation
as authorized by N.J.S.A. 40A:21-1, et seq.
[Ord. 2014-01 § 3]
Improvements to commercial and industrial structures are eligible
for a tax exemption and/or abatement for a period of five years commencing
with the completion of an improvement. The Tax Assessor's full and
true value of the improvements shall be regarded as not increasing
the value of the property notwithstanding that the value of the property
to which the improvement is made is increased thereby. During the
exemption and/or abatement period, the assessment on the property
shall not be less than the assessment existing thereon immediately
prior to the improvements, unless there is damage to the structure
through action of the elements sufficient to warrant a reduction.
[Ord. 2014-01 § 4]
Construction of new commercial and industrial structures shall
be eligible for tax exemption and/or abatement commencing with completion
of the project. Any such exemption and/or abatement shall be subject
to the owner and Borough entering into a tax agreement as provided
by N.J.S.A. 40A:21-10.
a.
The applicant shall furnish to the municipality all the information
required by N.J.S.A. 40A:21-9. In addition, every applicant shall
file the application form prescribed by the Director of the New Jersey
Division of Taxation in the Department of Treasury, with the Tax Assessor,
as a condition to approval, within 30 days, including Saturdays and
Sundays, following the completion of the improvement. Every application
for exemption and/or abatement so filed shall be approved and allowed
by the Tax Assessor to the degree that the application is consistent
with the provisions of this section and the tax agreement, provided
that the improvement for which the application is made, qualifies
as such, pursuant to the provisions of N.J.S.A. 40A:21-1, et seq.
and the tax agreement. The granting of an exemption and/or abatement
and tax agreement, if appropriate, shall be recorded and made a permanent
part of the official tax records of the taxing district, which record
shall contain a notice of termination date thereof.
b.
No tax exemption and/or abatement shall be granted unless approved
by resolution of the Borough Council on an individual basis after
review, evaluation, and approval of each application for compliance
with the terms of this section and the underlying statute, rules and
regulations.
c.
The tax agreement shall provide for the applicant to pay to the Borough
in lieu of full property tax payments an amount annually to be computed
by one, but in no case a combination, of the three formulas set forth
in N.J.S.A. 40A:21-10, viz., the "Cost," "Gross revenue," or "Tax
phase-in" basis.
[Ord. 2014-01 § 5]
An additional improvement or construction, completed on a property
granted a previous exemption and/or abatement during the period in
which such previous exemption and/or abatement is in effect, shall
be qualified for an exemption and/or abatement, just as if such property
had not received a previous exemption and/or abatement. In such case,
the additional improvement or construction shall be considered as
separate for the purposes of calculating exemptions and/or abatements,
except that the assessed value of any previous improvement or construction
shall be added to the assessed valuation as it was prior to that improvement
or construction for the purpose of determining the assessed valuation
of the property from which any additional abatement is to be subtracted.
[Ord. 2014-01 § 6]
Every application for exemption and/or abatement and every exemption
and/or abatement granted shall be subject to all the provisions of
N.J.S.A. 40A:21-1, et seq., and all rules and regulations issued thereunder.
[Ord. 2014-01 § 7]
All tax abatement and/or exemption agreements shall provide
that the applicant is subject to all federal, state, and local laws
and regulations.
[Ord. 2014-01 § 8]
If during any tax year prior to the termination of the tax exemption
and/or abatement agreement, the applicant ceases to operate or disposes
of the property or otherwise fails to meet the conditions of eligibility,
the tax otherwise due if there had been no exemption and/or abatement
shall become due and payable by the property owner. The Tax Assessor
shall notify the property owner and the Tax Collector forthwith and
the Tax Collector shall within 15 days thereof notify the owner of
the property of the amount of taxes due. However, with respect to
sale or other disposal of the property where it is determined that
the new owner of the property will continue to use the property pursuant
to the conditions set forth in the tax exemption and/or abatement
agreement and this section, the exemption and/or abatement shall continue.
[Ord. 2014-01 § 9]
In the event of default by the applicant, including but not
limited to the failure to make timely tax or in lieu of tax payments
to the municipality, the municipality shall notify the applicant,
in writing, of said default. The applicant shall have thirty days
to cure any default. Following the thirty day cure period, the municipality
shall have the right to proceed against the property pursuant to the
In Rem Tax Foreclosure Act, N.J.S.A. 54:4-1, et seq., and/or may cancel
the tax agreement upon thirty days notice to the applicant.
[Ord. 2014-01 § 10]
At the termination of a tax exemption and/or abatement agreement,
a project shall be subject to all applicable real property taxes as
provided by state law and local ordinance.
[Ord. 2014-01 § 11]
No application for tax exemption and/or abatement shall be accepted
by the municipality unless accompanied by full payment of the required
application fee. Such fees shall be based on total project cost as
set forth in a schedule on file with the Office of the Municipal Clerk.
These fees shall be received as compensation for the legal review
and related work required by the municipality's departments and agencies.
[Ord. 2014-01 § 12]
The Municipal Clerk is hereby authorized and directed to forward
a certified copy of this Ordinance No. 2014-01 to the State of New
Jersey Department of Community Affairs.
[Ord. 2014-01 § 13]
No exemption and/or abatement shall be granted or tax agreement
entered into with respect to any property for which property taxes
or any other municipal charges are delinquent or remain unpaid or
for which penalties for nonpayment are due for a period of at least
one year, or for any property not being used in conformance with local,
state or federal ordinance, regulation or statute.
[Ord. 2014-01 § 14]
Appeal of any determination made by the municipality under the
terms of this section shall be made to the Sussex County Board of
Taxation.
[Ord. 2014-01 § 15]
Where consistent with the context in which used in this section,
words importing the singular shall include the plural; words importing
the plural shall include the singular; and, words importing one gender
shall include all other genders.
[Ord. 2014-01 § 16]
Should any provision of this section be inconsistent with the
provisions of any prior ordinances, the inconsistent provisions of
such prior ordinances are hereby repealed, but only to the extent
of the inconsistencies.
[Ord. 2014-01 § 17]
In the event that any provision of this section or the application
thereof to any person or circumstance is declared invalid by a court
of competent jurisdiction, such declaration of invalidity shall not
affect any other provision or application of this section which may
be given effect, and, to realize this intent, the provisions and applications
of this section are declared to be severable.
[Ord. 2014-01 § 18]
Captions contained in this section have been inserted only for
the purpose of facilitating reference to the various sections, and
are not intended and shall not be utilized to construe the intent
and meaning of the text of any section.
[Ord. 2014-01 § 19]
The application fee is to be paid at the time that an application
is submitted for tax exemption and/or exemption and abatement.
The application fee shall be calculated as a percentage of the
estimated cost of the improvements and shall be equal to .25% of the
estimated cost of the improvements. The minimum application fee shall
be not less than $1,500 or more than $25,000.
