Borough of Sussex, NJ
Sussex County
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Table of Contents
Table of Contents
[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.
[Ord. No. 2006-01, S1]
The longevity program shall be based upon a permanent full-time employee's date of permanent appointment and length of uninterrupted service.
Longevity shall be provided in accordance with the following schedule:
5 years + 1 day
$600
10 years + 1 day
$1,200
15 years + 1 day
$1,800
20 years + 1 day
$2,400
25 years + 1 day
$3,000
Longevity pay that is due will be divided into equal amounts and paid in addition to the regularly scheduled pay of the employee.
NOTE: All employees hired prior to January 1, 2006 and receiving longevity pay in excess of the current schedule will maintain their current level until the employee reaches the next level as per the above listed schedule.
[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: Ordinance No. 2006-01, codified herein as § 2-6, was adopted February 20, 2006.
[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]
OFFICIAL, MUNICIPAL OFFICIAL or EMPLOYEE
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]Ord. 2011-03, §§ 5 through 7, 9 through 11; amended 3-20-2018 by Ord. No. 2018-03]
[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: Provisions applicable to zoning board of adjustment may be found in Chapter 20, § 20-2 of Land Use Procedures.
[1]
Editor's Note: Provisions applicable to the planning board may be found in Chapter 20, § 20-1 of Land Use Procedures.
[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]
a. 
The board shall consist of five members.
b. 
The members of the board of health shall be appointed by the Mayor subject to the advice and consent of the Council.
[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]
a. 
Each member shall serve until his successor is appointed and qualified.
b. 
The term of all officers shall begin on January 1 of the year of their appointment.
c. 
The members shall be appointed for the following terms:
1. 
Three members for a term of two years:
2. 
Two members for a term of one year.
[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.
Prior ordinance history includes portions of Ordinance Nos. 85-1, 08-93; 2008-23 and 2010-02.
[Ord. 2011-16, S1]
There is hereby established in the Borough of Sussex a body known as the "Recreation Committee."
[Ord. 2011-16, S1; amended 6-20-2017 by Ord. No. 2017-04; 4-16-2019 by Ord. No. 2019-02]
The recreation committee shall consist of five members and two alternates. The two alternates shall be persons who have resided in the Borough of Sussex for at least one year. 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.
[Ord. 2011-16, S1; amended 6-20-2017 by Ord. No. 2017-04]
All actions of the Committee shall be by majority vote of a quorum. A quorum shall consist of three members.
[Ord. 2011-16, S1; amended 6-20-2017 by Ord. No. 2017-04; 4-16-2019 by Ord. No. 2019-02]
a. 
The members shall serve the following terms:
1. 
The four members appointed per Subsection 2-14.2,b and c shall serve staggered three-year terms; and
2. 
The two alternate members shall serve three-year terms.
b. 
A vacancy occurring other than by expiration of a term shall be filled for the balance of the unexpired term only.
[Ord. 2011-16, S1]
The Mayor shall nominate, with the advice and consent of the Council, members of the Recreation Committee.
The chairperson of the Recreation Committee be elected from the membership and shall serve in that capacity until such time as a new chairperson is elected by the membership.
The chairperson of the Recreation Committee shall designate a vice chairperson who shall serve in that capacity until such time as a new vice chairperson is designated.
The Mayor shall nominate and, with the advice and consent of the Council, appoint two alternate members to the Recreation 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 Recreation Committee. In the event that a choice must be made as to which alternative member is to vote, Alternate Number 1 shall vote.
All members of the Recreation Committee shall serve without salary.
[Ord. 2011-16, S1]
The Recreation Committee shall provide guidance and advice to the Borough 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. The Recreation Committee shall implement the policies established by the Borough Council and run the recreational events and programs under its jurisdiction.
The Recreation Committee may recommend the acquisition or development of new recreational property or facilities to the Borough Council. If approved by the Borough Council, the Recreation Committee may pursue grants or other fundraising.
[Ord. 2011-16, S1; amended 8-11-2020 by Ord. No. 2020-12]
The Borough Council of the Borough of Sussex may establish, impose and direct collection of fees and charges as it deems reasonably necessary for the use and enjoyment of the recreational facilities and programs. The Borough Council may by resolution establish and amend such fees and charges. The Borough 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 Borough Council.
[Ord. 2011-16, S1]
The Recreation 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 recreation within the Borough of Sussex.
[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:
a. 
Adopt and use an official seal;
b. 
Adopt suitable bylaws for the management of its affairs;
c. 
Make independent correspondence and other communications to effect the purposes of the Committee.
[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:
a. 
Any power of condemnation or eminent domain;
b. 
Any power to pledge the credit of the Borough or to create any debt or in any manner act as the agent of the Borough or of the State of New Jersey.
[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.
[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
I. 
Purchase orders and/or vouchers shall be preprinted with original and three copies.
1. 
Original - Vendor's Copy.
2. 
Voucher.
3. 
Treasurer's Copy.
4. 
Department Copy.
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:
BOROUGH OF SUSSEX
Shall mean the municipality of Sussex, and all agencies, boards, utilities, authorities, departments and instrumentalities thereof.
CANDIDATE COMMITTEE
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.
CONTINUING POLITICAL COMMITTEE
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.
POLITICAL PARTY COMMITTEE
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.
PROFESSIONAL BUSINESS ENTITY
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]
a. 
The tax assessor shall hold his office for a term of four years from the first day of July next following his appointment.
b. 
Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[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]
a. 
The tax collector shall hold his office for a term of four years from the first day of January next following his appointment.
b. 
Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[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.
[1]
Editor's Note: Former § 2-26, Municipal Public Defender, previously codified herein and containing portions of Ordinance Nos. 10-97 and 2008-12, was repealed in its entirety by Ordinance No. 2008-21. See Subsection 2-7.5 for Municipal Public Defender.
[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]
a. 
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
1. 
50 points are required for a member to qualify for eligibility for an annual contribution.
2. 
Five years of service are required for vesting.
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.