[Ord. No. 112-03]
This section is adopted in order to advise the citizens of the
Township and any and all persons doing business with the Township
of the various fees charged for services rendered by the Departments
of municipal government which are not listed in specific chapters
and specific sections.
[Ord. No. 112-03]
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Copies of Documents
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1st to 10th page, each
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$0.75
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11th to 10th page, each
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$0.50
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Each page over 20
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$0.25
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Mailing charge
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$5
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Land Use Ordinances
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$150
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Zoning maps
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$5
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Tax map, per sheet
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$5
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Ordinance Book
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As set by Resolution
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Master plan
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$50
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[Ord. No. 10-94 §§ 1,
2; Ord. No. 48-1998 §§ 1–3]
a.
Establishment of Fee. Every person who makes application to the Upper
Freehold Township Municipal Court for representation by the Public
Defender in any matter pending before the Court shall pay an application
fee of $200 unless the Court specifically waives such fee pursuant
to law including, without limitation, per the provisions as set forth
in P.L. 1997, Chapter 256. As set forth, the Municipal Court may permit
the person to pay the application fee over a specific period of time
not to exceed four months. As provided by law, the eligibility for
service of the Public Defender shall be determined by the Municipal
Court.
b.
Deposit of Funds in Dedicated Account. All funds collected pursuant
to the provisions of this subsection and P.L. 1997, Chapter 256, shall
be deposited in a dedicated fund administered by the Chief Financial
Officer of the Township as provided by law. Such funds shall be used
exclusively to meet the costs incurred in providing the services of
a Municipal Public Defender including, when required, expert and lay
investigation and testimony.
Any payment for investigation and expert fees does not take
effect until March 22, 1999 (one year after the effective date of
P.L. 1997, Chapter 256). It shall be understood that as to provision
for expert witnesses that same is controlled by the Municipal Court
pursuant to law with that Court to have the responsibility and discretion
to determine the factors of need and real value to a defendant to
be weighed against the financial constraints of the municipality in
determining the necessary services and facilities of representation.
c.
The provisions of P.L. 1997, Chapter 256, are referred to in their
entirety without being repeated herein with the understanding that
this Township has previously authorized and does reaffirm the position
of a Municipal Public Defender[2] to be appointed in the discretion of the Mayor and Township
Committee according to law.
[Ord. No. 141-04]
The following fee schedule is hereby established for Municipal
Court discovery:
a.
All requests for discovery in matters pending in the Upper Freehold
Township Municipal Court shall be submitted through the Municipal
Prosecutor.
b.
The following fees shall be payable by the requestor to the Township
of Upper Freehold for the discovery provided:
1.
$0.75 per page for each of the first 10 pages photocopied;
2.
$0.50 per page for each of the next 10 pages photocopied;
3.
$0.25 per page for each of the pages photocopied thereafter;
4.
Actual postage for any discovery sent by mail;
5.
$0.25 for the envelope for any discovery sent by mail;
6.
Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged;
7.
Duplication of videotapes constitute an extraordinary duplication
process and will be charged at the rate of $5 per videotape.
8.
On any item that cannot be photocopied on the Township copy machine
or not otherwise provided for in this schedule, the actual cost incurred
in making the copy shall be charged.
[Ord. No. 256-12]
a.
In accordance with N.J.S.A. 54:5-54 the Tax Collector shall provide
to any party entitled to redeem a certificate pursuant to this section
(N.J.S.A. 54:5-54) two calculations of the amount required for redemption
within a calendar year at no cost. For each subsequent calculation
requested from the Tax Collector there shall be a $50 fee. A request
for a redemption calculation shall be made in writing to the Tax Collector.
b.
In accordance with N.J.S.A. 54:5-97.1 the Tax Collector may charge
a lienholder of a tax lien $50 for the calculation of the amount due
to redeem the tax lien as required pursuant to N.J.S.A. 54:5-97.1.
Any request for a redemption calculation shall specify the date to
be used for the calculation, which shall be the date of the notice.
Neither the Tax Collector nor the municipality shall be liable for
an incorrect calculation. The fee paid to the municipality shall not
become part of the lien and shall not be passed on to any party entitled
to redeem pursuant to N.J.S.A. 54:5-54.
[1977 Code § 6-1]
Any person claiming payment from the Township shall first submit
a detailed statement of the items of demand necessitating such claim
to the responsible executive agency, specifying particularly how the
bill or demand is made up, and a certification of the party claiming
payment that it is correct, at least 10 days prior to the regular
meeting of the Township Committee. No bill, claim or demand shall
be considered for payment unless the voucher has attached to it or
includes a certification of a department head or other municipal official
responsible for certain functions, or of his duly designated representative,
having personal knowledge of the facts that the goods have been received
by or the services rendered to the Township of Upper Freehold and
that those services or goods are consistent with any existing contract
or purchase order. The Chief Financial Officer shall have the duty
to audit, warrant and make recommendations on all claims and bills.[1]
[1977 Code § 6-2]
The bill or claim duly certified shall be presented to the Municipal
Clerk for inclusion in the agenda of the next immediate formal meeting
of the Township Committee. It shall be the duty of the Treasurer to
examine all bills or claims submitted for payment, in order to ascertain
if proper administrative procedures have been followed. All claims
or bills to be considered by the Governing Body shall be listed systematically
without preference, and the list shall be made available to every
member of the Township Committee at least three full days prior to
formal action by that body.
[1977 Code § 6-3]
Claims shall be considered by the Township Committee which shall
approve the same, except that the Committee may reject any claim presented
to it, stating the reason for such rejection. Any disapproved claim
shall be referred back to the Municipal Clerk with such instructions
as the Township Committee may give at the time of disapproval.
[1977 Code § 6-4]
It shall be the duty of the Municipal Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the Township Committee has, by formal action, approved
the same, with appropriate record as to any claims disapproved or
rejected. All records pertaining to approved and disapproved bills
or claims shall be available for public inspection.
[1977 Code § 6-5]
After the Clerk has certified that the claims have been approved,
he shall turn the same over to the Treasurer, who shall forthwith
prepare the necessary checks for the payment thereof, which checks
shall be signed by the Mayor and thereafter signed by the Treasurer.
After preparing checks for the payment of claims, he shall record
them in proper books of account and thereafter mail the checks to
the claimants.
[1977 Code § 6-6]
In the case of payrolls, the appropriate department heads or
employees, as may be designated by resolution of the Governing Body,
shall prepare the necessary payrolls for all employees, which payrolls
shall be duly certified by the person authorized to certify that the
services have been rendered and that the amount specified is, in fact,
due and owing to the employee and employees. The payroll shall then
be approved by the department head responsible therefor and presented
to the Township Committee for approval and, after approval, shall
be paid in due course.
[1977 Code § 6-7]
In the case of reimbursement for actual and necessary traveling
expenses, itemized claims, supported by receipts where available,
should be presented in order to obtain reimbursement for expenses
incurred by local Township officials where authorized to travel by
the Township.
[1977 Code § 6-8]
This section shall provide for the establishment of a payroll
account, and the Township may thereafter, by resolution, prescribe
the manner in which payroll checks shall be drawn, who shall sign
the same and the dates on which payment shall be made. In addition,
the Township Committee may, if it so elects, adopt a resolution providing
for the biweekly payment of salaries and wages and compensation.
[Ord. No. 2-1992, Preamble]
N.J.S.A. 17:36-8 et seq. provides that a municipality may enact
an ordinance which prohibits the release or certain fire insurance
proceeds from claims relating to real property if municipal taxes,
assessments and liens are unpaid, and that ordinances may also provide
that the release of such proceeds shall be prohibited if it is determined
that demolition is required and that the costs thereof have not been
paid. The Township Committee has determined that it is necessary and
appropriate and in the best interest of this Township and its citizens
that such an ordinance be enacted so that taxes may further be collected
in a timely fashion.
[Ord. No. 2-1992 § 1]
No person, entity or company and/or insurer issuing fire insurance
policies for property in the Township shall pay any claim whatsoever
for fire damage claims in excess of $2,500 on any real property located
within the Township unless that person, entity or company and/or insurer
is in receipt of an Official Certificate of Search for Municipal Liens
issued by the Township pursuant to N.J.S.A. 54:5-12 and/or other applicable
law which Certificate certifies that all taxes, assessments and other
municipal liens or charges levied and assessed and due and payable
against the property have been paid.
[Ord. No. 2-1992 § 2]
No person, entity, company and/or insurer issuing fire insurance
policies in the Township shall pay any claims for fire damages in
excess of $2,500 on any real property located within the Township
unless it is in receipt of an official Certificate certified by the
Construction Official that no demolition is required as a result of
the fire loss or, if demolition is required, that the costs of demolition
have been paid. If the demolition has not yet occurred on the date
that the aforesaid Certificate is issued, the Certificate shall provide
an estimate of the anticipated costs of demolition which shall be
paid to the Township by the insurer and such money shall be held in
an interest-bearing escrow account as provided by N.J.S.A. 17:36-8.
[Ord. No. 2-1992 § 3]
Except in a case in which a Resolution is adopted by the Township
Committee providing for installment payments of taxes, assessments,
liens or demolition costs pursuant to N.J.S.A. 17:36-11, an insurance
company writing fire insurance policies in the Township shall pay
to the Township, prior to the making of any payment of the claim to
the insured person and/or entity, all taxes, assessments, liens or
related charges as are contained in the official.
[Ord. No. 2-1992 § 4]
The Township Clerk is hereby authorized and directed upon the
final adoption and publication of this section to file a certified
copy thereof with the Commission of Insurance of the State of New
Jersey and take such other steps as may be necessary for the implementation
of this section.
[Ord. No. 121-03 §§ 1–9]
a.
Except as may be hereinafter provided, Upper Freehold Township and
its Township Committee shall upon the request of any former and present
elected Township Official(s), and/or other official(s), and/or employee(s)
and/or appointee(s) of Upper Freehold Township provide for defense
and indemnification with respect to any civil action claim alleged
and/or filed against said Township and/or said person or persons arising
from an alleged claim and/or alleged act or omission falling within
the scope of their public duties.
b.
As to any claims or allegations against the Township former and/or
present elected Township Official(s), and/or other official(s), and/or
employee(s) and/or appointee(s) with respect to any and all claims
for payment of damages, penalties or fines in the nature of punitive
damages, and/or as may not be provided for defense and/or coverage
by appropriate Township employment practices liability coverage and
other Township insurance policies, legal defense for said persons
shall be provided subject to the discretion of the Township Committee
pursuant to this section and/or law, and same shall include any prior
actions of the Township Committee by way of resolution or action,
providing such legal defense that may have existed prior to the adoption
of this section.
c.
The terms as contained in this section as to former and present elected
Township Officials, and/or other officials, employees and appointees
are to be construed liberally in order to effectuate the purposes
of this section.
d.
Exceptions. Upper Freehold Township shall not indemnify any person
as herein defined as a former and present elected Township Official(s),
and/or other official(s), and/or employee(s) and/or appointee(s) against
a payment of punitive damages, payment or fines related to claims
for punitive or exemplary damages, but may as indicated provide for
the legal defense of such claims in accordance with the standards
herein set forth and in the discretion of the Township Committee.
e.
Upper Freehold Township and its Township Committee shall provide
for the defense of and indemnification as to any and all named persons
herein as to claims made of a civil action, and/or any civil action
that may be filed if the person and/or persons involved on behalf
of the Township by way of being former and present elected Township
Official(s), and/or other official(s), and/or employee(s) and/or appointee(s)
and shall have allegedly acted or failed to act in a matter which
Upper Freehold Township has or had an interest; and acted and/or failed
to act in the discharge of a duty imposed or authorized by law; and
allegedly in good faith acted and/or failed to take action.
The Township Committee may refuse to provide for defense and
indemnification if the Township Committee determines the person(s)
herein referred to acted outside the scope of a duty authorized or
imposed by law or acted or failed to act due to actual fraud, willful
misconduct, or actual malice of the person requesting defense and
indemnification.
f.
In any action or proceeding, including criminal proceedings, Upper
Freehold Township and its Township Committee may provide for the defense
of a former and present elected Township Official(s), and/or other
official(s), and/or employee(s) and/or appointee(s) if the Upper Freehold
Township Committee concludes that such representation is in the best
interest of Upper Freehold Township and that the person to be defended
as indicated herein allegedly acted and/or failed to act in accordance
with the standards set forth in this section as to acting in a manner
in which the Township has or had an interest; and allegedly acted
and/or failed to act in the discharge of a duty imposed or authorized
by law; and allegedly acted and/or failed to take action in good faith.
g.
Whenever Upper Freehold Township provides for the defense of any
action set forth herein, a condition of such defense shall include
said person (former and present elected Township Official(s), and/or
other official(s), and/or employee(s) and/or appointee(s)) shall as
may be permitted by law cooperate and participate with the Township
and the legal defense of such matters as may be in accordance with
applicable New Jersey law with the understanding that those legal
professionals representing such persons shall cooperate with Upper
Freehold Township and its legal representatives in defense as may
be legally appropriate.
h.
Upper Freehold Township may provide for the defense as set forth
pursuant to this section and by any prior official actions including
resolutions by the Township Committee by authorizing its Township
Attorney to participate on its behalf including giving advice with
respect to the need to acquire legal representation as may be necessary
with respect to those persons intended to be defended and/or indemnified
herein; and to further give advice with respect to employing such
other legal counsel as may be necessary in accordance with law for
the purpose of carrying out the terms of this section.
Further, the Township Attorney shall be authorized to assert
the rights of Upper Freehold Township as to any insurance policies
that may exist in order to require the insurer to provide such defense
and indemnification and other relief as may be appropriate pursuant
to the terms of that contract and pursuant to New Jersey law.
i.
The Upper Freehold Township Committee shall have sole discretion
with respect to carrying out the terms of this section in accordance
with law.
[Ord. No. 136-04 § I]
a.
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies, including all boards and commissions, or any of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional business entity, including banking services/relationships or insurance coverage/services if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions or purchase of tickets, advertisements or the like which proceeds will be used by or on behalf of, or to a campaign committee of any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Upper Freehold Township municipal party committee or to any County party committee in Monmouth County, in excess of the thresholds specified in Subsection d within three calendar years immediately preceding the date of the contract or agreement or during the term of such a contract or agreement.
b.
No professional business entity including banking services/relationships or insurance coverage/services which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department, board, commission or agency thereof or of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions or purchase of tickets, advertisements or the like, which proceeds will be used by or on behalf of or to 1) any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to 2) any Upper Freehold Township municipal party committee, 3) any County party committee in Monmouth County (unless during the preceding calendar year no contribution of money or in-kind contribution in an amount sufficient to require reporting on the local campaign election law report has been made to the local candidate or municipal party committee by the County committee to which the professional business entity may have contributed), or 4) any political action committee (PAC) (unless during the preceding calendar year no contribution of money or in-kind contribution in an amount sufficient to require reporting on the local campaign election law report has been made to the local candidate by the political action committee to which the professional business entity may have contributed) between the time of first communications between that business entity and the Township regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement. Nothing herein will bar any contribution to any party County committee or political action committee if that entity does not contribute any money or in-kind contribution sufficient to require reporting on the local campaign election law report that has been made to the local candidate by the political action committee or County organization to which the professional business entity may have contributed. A PAC is an organization existing for the primary purpose of promoting or supporting Upper Freehold Township municipal candidates or municipal office holders in excess of the thresholds specified in Subsection d within one calendar year immediately preceding the date of the contract or agreement.
c.
For purposes of this section, a "professional business entity" seeking
a public contract means an individual including the individual's spouse,
if any, and any child living at home, person, firm, corporation, professional
corporation, partnership, organization, or association. The definition
of a business entity includes all principals who own 2% or more of
the equity in the corporation or business trust; partner, and officers
in the aggregate employed by the entity as well as any subsidiaries
directly controlled by the business entity.
d.
Any individual meeting the definition of "professional business entity" under this subsection may annually contribute a maximum of $50 each for any purpose to any candidate for Township Committee, or $50 to any Upper Freehold Township municipal party committee, County party committee in Monmouth County or political action committee, without violating Subsection a of this subsection. However, any group of individuals meeting the definition of "professional business entity" under this subsection, including such principals having 2% or more ownership interest, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $500 to all municipal candidates and officeholder with ultimate responsibility for the award of the contract, as well as all Upper Freehold Township municipal political parties, County political parties in Monmouth County and political action committees combined, if proscribed by Subsection b of this subsection, without violating Subsection a of this subsection.
e.
For purposes of this subsection, the office that is considered to
have ultimate responsibility for the award of the contract shall be
the Township Committee. However, the restrictions of this section
apply to boards, commissions or agencies of the Township whose appointments
of professionals either require the approval of the Township Committee
or whose operating funds are subject to appropriation by the Township
Committee.
[Ord. No. 136-04 § II]
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate or Township Committee, or municipal party committee,
County party committee or political action committee shall be deemed
a violation of this section, nor shall an agreement for property,
goods, or services, of any kind whatsoever, be disqualified thereby,
if that contribution was made by the professional business entity
prior to the effective date of this section.[1]
[Ord. No. 136-04 § III]
a.
Prior to awarding any contract or agreement to procure services with
any professional business entity, the Township or any of its purchasing
agents or agencies, as the case may be, shall receive a sworn statement
from the professional business entity made under penalty of perjury
that the bidder or offerer has not made a contribution in violation
of Subsection 2-70.la, hereof, and has not made or solicited contributions
through intermediaries for the purpose of concealing the source of
the contribution(s).
b.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. No. 136-04 § IV]
A professional business entity may cure a violation of Subsection
2-70.la, hereof, if, within 30 days after the general election, the
professional business entity notifies the Township Committee in writing
and seeks and receives reimbursement of any contribution in excess
of that allowed by this section from the Township candidate, municipal
political party, County political party or political action committee.
[Ord. No. 136-04 § V]
It is anticipated that there may be some professional business
entities which determine to attempt a legalistic adherence to the
letter, rather than the spirit of this section. It is the declared
intent of this municipal governing body to remain vigilant to recognize
such attempts to subvert the underlying purposes for which this section
was adopted. Any professional business entity which may attempt such
creative subversion does so at its peril. If and in the event creative
actions are taken in order to defeat the purposes of this section,
it is the intention of the Governing Body to enact appropriate clarification
of this section, which clarification shall be retroactive to the initial
effective date of this section thereby disqualifying such creative
professional business entities from serving the Township. Changes
to this section which are not for purposes of clarification, but which
are amendments to the provisions hereto, shall become effective upon
adoption and publication according to law.
[Ord. No. 136-04 § VI]
a.
All Township professional service agreements shall provide that it
shall be a breach of the terms of the government contract for a professional
business entity as defined in this section, or to knowingly conceal
or misrepresent contributions given or received, or to make or solicit
contributions through intermediaries for the purpose of concealing
or misrepresenting the source of the contribution.
b.
Any professional business entity as defined in this section who knowingly
fails to reveal a contribution made in violation of this section,
or who knowingly makes or solicits contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution, shall be disqualified from eligibility for future Township
contracts for a period of four calendar years from the date of the
violation.
[Ord. No. 187-07 § 1]
The Township Committee of Upper Freehold Township has considered
a request by its Recreation Committee for a Code of Conduct and has
evaluated the request and deems that a Code of Conduct be enacted
for individuals attending, coaching, officiating, or participating
in a youth sports event on Upper Freehold Township property.
[Ord. No. 187-07 § 2]
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Preamble:
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Interscholastic and youth sports programs play an important
role in promoting the physical, social and emotional development of
children. It is therefore essential for parents, coaches, and officials
to encourage youth athletes to embrace the value of good sportsmanship.
Moreover, adults involved in youth sports events should be models
of good sportsmanship and should lead by example by demonstrating
fairness, respect, and self-control.
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I therefore pledge to be responsible for my words and actions
while attending, coaching, officiating, or participating in a youth
sports event and shall conform my behavior to the following code of
conduct:
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1. I will not engage, nor will I encourage my child, or any
other person, to engage in unsportsmanlike conduct with any coach,
parent, player, participant, official, or any other attendee.
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2. I will not engage, nor will I encourage my child, or any
other person, to engage in any behavior which would endanger the health,
safety, or well-being of any coach, parent, player, participant, official,
or any other attendee.
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3. I will not encourage or use, nor will I permit my child,
or any other person, to encourage or use drugs or alcohol at a youth
sports event.
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4. I will not encourage, nor permit my child, or encourage any
other person, to attend, coach, officiate, or participate in a youth
sports event while under the influence of drugs or alcohol.
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5. I will treat and encourage my child to treat any coach, parent,
player, participant, official or any other attendee with respect regardless
of race, color, creed, national origin, sex, sexual orientation, or
ability.
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6. I will not engage, nor will I encourage my child, or any
other person, to engage in the use of profanity.
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7. I will not engage, nor will I encourage my child, or any
other person, to engage in verbal or physical threats or abuse aimed
at any coach, parent, player, participant, official, or any other
attendee.
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8. I will not initiate, nor encourage my child, or any other
person, to initiate a fight or scuffle with any coach, parent, player,
participant, official, or any other attendee.
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I hereby agree that if I fail to conform my conduct to the foregoing
while attending, coaching, officiating or participating in a youth
sports event I will be subject to disciplinary action issued by a
league, organization, or school official who is authorized to issue
such action by a school board or youth sports organization, including
but not limited to the following in any order or combination thereof:
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1. Verbal warning issued by a league, organization or school
official.
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2. Written warning issued by a league, organization or school
official.
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3. Suspension or immediate ejection from a youth sports event.
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4. Suspension for multiple youth sports events.
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5. Season suspension or multiple season suspension.
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All of the above will be submitted in writing to the school
board, the Upper Freehold Township Recreation Committee, and distributed
to each youth sports organization.
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Signature
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Date
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[Ord. No. 187-07 § 3]
It is the intention of the Township that all those who attend,
coach, officiate, or participate in a youth sports event on Upper
Freehold Township property sign this Code of Conduct.
[Ord. No. 227-09]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program if the individuals are employed as bona fide legitimate
employees and not employed/appointed pursuant to a professional services
resolution:
a.
Business Administrator;
b.
Township Attorney;
c.
Township Prosecutor;
d.
Municipal Court Judge;
e.
Township Engineer;
f.
Township Planner.
g.
Positions with principal responsibility of a government function,
commonly called "department heads," that are filled by action of the
Governing Body and who report directly to the Business Administrator:
[Ord. No. 227-09]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
[Ord. No. 227-09]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. No. 248-11]
The United States government has elected to adopt various laws
which govern the conduct of persons and/or businesses within the United
States by declaring matters to be concordant with or in violation
of Federal law.
The State of New Jersey has also elected to adopt various laws
which govern the conduct of persons and/or businesses within the State
of New Jersey by declaring matters to be in concordance with or in
violation of State law.
There are instances in which Federal law and State law on an
issue are in direct contravention of each other. However, where the
actions of the State government that are in contravention of Federal
law do not open the State to civil and/or criminal liability from
the United States government, they do open said civil and/or criminal
liability upon subordinate aspects of State government, such as counties
and municipalities.
A criteria for approval by the Township of Upper Freehold Zoning
Official, Construction Official, other applicable Township employees,
Zoning Board of Adjustment, Board of Health and Planning Board, an
applicant seeking any approval from said entities, must comply with
all Federal laws or otherwise the application will be deemed noncompliant.
[Ord. No. 248-11]
The Township Committee of Upper Freehold Township does hereby
prohibit the actions/activities and shall not support or sanction
any actions/activities within the geographic boundaries of Upper Freehold
Township of any person or persons, businesses, nonprofit or entity
or any other group which require any decision, action and/or inaction
of the Township which is violative of Federal law. Township shall
be defined herein as either the Township Committee and any and/or
all of its members, any official, officer and/or employee of the Township
(whether they be full-time or part-time), the Township Planning Board
and any and/or all of its members; and, the Township Zoning Board
of Adjustment and any and/or all of its members if any and/or all
of them, jointly and/or severally, are acting within the scope of
their elected and/or appointed positions and/or employment with Upper
Freehold Township.
[Ord. No. 251-12]
The Township Committee of Upper Freehold shall not expend and/or
commit Township or other public funds of any kind for the acquisition
of development rights and/or full title to farmland within Upper Freehold
Township for preservation unless the property owner provides to the
Township, prior to acquisition, a signed notarized affidavit that
he/she shall not rent, lease and/or conduct any farming operations
that grow and/or cultivate crops which are violative of Federal law.
Furthermore, said property owner shall thereafter annually furnish,
once Township and/or other public monies are used for acquisition,
a signed notarized affidavit that he/she shall continue to not lease,
rent and/or conduct any farming operation that grow and/or cultivate
crops which are violative of Federal law. Said affidavit shall also
state that filing of a false affidavit and/or being in violation of
the provisions of the affidavit shall permit the Township to seek
de-designation of the farmland preservation, full recoupment of monies
expended by the Township for such preservation, as well as attorneys'
fees, interests and costs of suit, if litigation occurs to protect
the Township's interests.
