The form of government of East Windsor is Council - Manager
Plan "E", governed by R.S. 40:69A-114.1, 40:69A-144.5; R.S. 40:69A-26-30;
R.S. 40:69A-150-210; R.S. 40:69A-86-98.
Other relevant statutory material is contained at R.S.
2A:8-1 et seq., Municipal Court, R.S. 40:55D-1 et seq., Board of Adjustment;
R.S. 40:55D-1 et seq., Planning Board; and R.S. 40:14A-1 et seq.,
Municipal Utilities Authority. The general police power to the municipality
is contained in R.S. 40:48-2.
[Ord. 1/19/70]
This chapter shall be known and may be designated as the Administrative
Code.
[Ord. 1/19/70; Ord. 1976-2; Ord. 1979-10]
All powers of the municipality and the determination of all
matters of policy shall be vested in the municipal council, except
as otherwise provided by the Charter, general law or the Administrative
Code.
At the annual organizational meeting, the members of the township
council will assemble at a place designated in December of each year
by resolution of the governing body of the township and organize and
elect one the councilmen as mayor. The mayor shall be chosen by ballot
by majority vote of all members of the township council.
At the annual organizational meeting, the members of the township
council shall select one of the councilmen as deputy mayor. The deputy
mayor shall be chosen by ballot by majority vote of all members of
the township council. The deputy mayor shall preside at all meetings
of the township council in the absence of the mayor and have such
other powers and duties as are vested in him by this chapter or by
resolution adopted by the council.
The mayor shall have only such powers and duties as mayor as
are expressly vested in him by this chapter or by general law. The
mayor shall preside at all meetings of the township council and shall
have a voice and vote in its proceedings. In the absence of the mayor,
the deputy mayor shall call the council to order. Upon the arrival
of the mayor or deputy mayor, the temporary chairman shall immediately
relinquish the chair upon the conclusion of the business immediately
before the council. All bonds, notes, deeds, contracts and written
obligations of the township shall be executed on its behalf by the
mayor or, in the event of his inability to act, the deputy mayor or
such councilman as the township council shall designate to act as
mayor during their absence or disability.
a.
Organizational Meeting. The council shall hold an annual organizational
meeting on January 1, at 12 o'clock noon or during the first seven
days of January in any year.
b.
Regular Meetings. Regular meetings shall be held in accordance with the rules set forth in section 2-2A of the Township Administrative Code. Any regular meeting may be adjourned to such time and place within the township as the council may direct by resolution.
c.
Special Meetings. The mayor may at any time, and upon written request of any three council members must call a special meeting. The call for such a special meeting shall specify the purpose of the meeting and no other business shall be transacted at any such special meeting. The mayor's call for such a special meeting shall be filed with the clerk at least 48 hours prior to the time for which the meeting is called. The clerk shall forthwith provide notice as set forth in section 2-2A and shall also give notice by telephone or telegraph to each council member at such place as each member shall have previously designated for that purpose. The clerk shall further cause the township police to serve a written copy of the call for a meeting upon each council member by delivery of a copy to his usual place of abode at least 48 hours before the time set for such meeting. Proof of delivery of such written notice shall be announced at the commencement of any such meeting.
d.
Quorum. A majority of the full membership of the township council
shall constitute a quorum to do business but a lesser number than
a quorum may adjourn any meeting. If no member of the council is present
one half hour after the appointed time, the clerk shall adjourn the
meeting.
e.
Procedures and Conduct of Meetings. Order of business, agenda,
conduct of meetings, procedure, decorum, and any and all matters pertaining
to the functions of the council and the carrying out of township business
at regular and special meetings shall be determined and prescribed
by resolution of the council.
f.
Governing Rules. Except as may be provided in the Charter and
the Administrative Code, questions of order, methods or organization
and the conduct of business of the council shall be governed by the
latest revised edition of Robert's Rules of Order.
g.
Agenda. The agenda for each meeting shall be prepared by the
clerk in accordance with regulations adopted by resolution of the
council each year. Such regulations shall conform to the Open Public
Meetings Act (N.J.S. 10:4-6 et seq.)
[Ord. 1976-2]
As used in this chapter.
a.
TOWNSHIP BODY — Shall mean any body established by ordinance
of the Township of East Windsor pursuant to State law as a multi-member
voting body.
b.
MEETING — Shall mean and include any gathering whether
corporeal or by means of communications equipment which is attended
by or open to all of the members of a township body and held with
the intent on the part of the members of the body present to discuss
or act as a unit upon the public business of that body.
c.
PUBLIC BUSINESS — Shall mean and include all matters which
relate in any way directly or indirectly to the performance of the
township bodies' functions or the conduct of its business.
d.
ADEQUATE NOTICE — Shall mean written advance notice of
at least 48 hours, giving the time, date, location and to the extent
known, the agenda of any regular, special, or rescheduled meeting,
which notice shall accurately state whether formal action may or may
not be taken and which shall be (1) prominently posted in at least
one public place reserved for such or similar announcements, (2) mailed,
telephoned, telegrammed, or hand delivered to at least two newspapers
shall be designated by the township body to receive such notices because
they have the greatest likelihood of informing the public within the
area of jurisdiction of the township body of such meetings, one of
which shall be the official newspaper.
b.
Upon the affirmative vote of three-quarters of the members present,
a township body may hold a meeting notwithstanding the failure to
provide adequate notice if:
1.
Such meeting is required in order to deal with matters of such urgency
and importance that a delay for the purpose of providing adequate
notice would be likely to result in substantial harm to the public
interest; and
2.
The meeting is limited to discussion of and acting with respect to
such matters of urgency and importance; and
3.
Notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place described in subsection 2-2A.1d, and also by notifying the two newspapers described in section 2-2A.1d by telephone, telegram, or by delivering a written notice of same to such newspapers; and
4.
Either (a) the township body could not reasonably have foreseen the
need for such meeting at a time when adequate notice could have been
provided; or (b) although the township body could reasonably have
foreseen the need for such meeting at a time when adequate notice
could have been provided, it nevertheless failed to do so.
At the commencement of every meeting of a township body, the
person presiding shall announce publicly, and shall cause to be entered
in the minutes of the meeting, an accurate statement to the effect:
a.
That adequate notice of the meeting has been provided, specifying
the time, place and manner in which such notice was provided; or
b.
That adequate notice was not provided, in which case such announcement
shall state:
1.
The nature of the urgency and importance referred to in subsection
2-2A.2b1 and the nature of the substantial harm to the public interest
likely to result from a delay in the holding of the meeting;
2.
That the meeting will be limited to discussion of and acting with
respect to such matters of urgency and importance;
3.
The time, place, and manner in which notice of the meeting was provided;
and
4.
Whether:
(a)
That the need for such meeting could not reasonably have been
foreseen at a time when adequate notice could have been provided,
in which event, such announcement shall specify the reason why such
need could not reasonably have been foreseen; or
(b)
That such need could reasonably have been foreseen at a time
when adequate notice could have been provided, but such notice was
not provided, in which event the announcement shall specify the reason
why adequate notice was not provided.
a.
Except as provided by paragraph b of this section, all meetings
of township bodies shall be open to the public at all times. Nothing
in this act shall be construed to limit the discretion of a township
body to permit, prohibit or regulate the active participation of the
public at any meeting.
b.
A public body may exclude the public only for that portion of
a meeting at which the township body discusses:
1.
Any matter which, by express provision of Federal law or State statute or rule of court shall be rendered confidential or excluded from the provisions of subsection a of this section.
2.
Any matter in which the release of information would impair a right
to receive funds from the Government of the United States.
3.
Any material the disclosure of which constitutes an unwarranted invasion
of individual privacy such as any records, data, reports, recommendations
or other personal material of any educational, training, social service,
medical, health, custodial, child protection, rehabilitation, legal
defense, welfare, housing, relocation, insurance and similar program
or institution operated by a township body pertaining to any specific
individual admitted to or served to such institution or program, including
but not limited to information relative to the individual's personal
and family circumstances, and any material pertaining to admission,
discharge, treatment, progress or condition of any individual concerned
(or, in the case of a minor or incompetent, his guardian) shall request
in writing that the same be disclosed publicly.
4.
Any collective bargaining agreement, or the terms and conditions
which are proposed for inclusion in any collective bargaining agreement,
including the negotiation of the terms and conditions thereof with
employees or representatives of employees of the township body.
5.
Any matter involving the purchase, lease or acquisition of real property
with public funds, the setting of banking rates or investment of public
funds, where it could adversely affect the public interest if discussion
of such matters were disclosed.
6.
Any tactics and techniques utilized in protecting the safety and
property of the public, provided that their disclosure could impair
such protection. Any investigations of violations or possible violations
of the law.
7.
Any pending or anticipated litigation or contract negotiation other
than in subsection 2-2A.4b4 in which the township body is, or may
become, a party.
Any matters falling within the attorney-client privilege, to
the extent that confidentiality is required in order for the attorney
to exercise his ethical duties as a lawyer.
8.
Any matter involving the employment, appointment, termination of
employment, terms and conditions of employment, evaluation of the
performance of, promotion or disciplining of any specific prospective
public officer or employee or current public officer or employee employed
or appointed by the township body, unless all individual employees
or appointees whose rights could be adversely affected request in
writing that such matter or matters be discussed at a public meeting.
9.
Any deliberations of a township body occurring after a public hearing
that may result in the imposition of a specific civil penalty upon
the responding party or the suspension or loss of a license or permit
belonging to the responding party as a result of an act or omission
for which the responding party bears responsibility.
No township body shall exclude the public from any meeting to
discuss any matter described in subsection 2-2A.4b until the township
body shall first adopt a resolution, at a meeting to which the public
shall be admitted:
Each township body shall keep reasonably comprehensible minutes of all its meetings showing the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which shall be promptly available to the public to the extent that making sure matters public shall not be inconsistent with section 2-2A.4.
a.
Any action taken by a township body at a meeting which does
not conform with the provisions of this section shall be voidable
in a proceeding in lieu of prerogative writ in the Superior Court,
which proceeding may be brought by any person within 45 days after
the action sought to be voided has been made public; provided, however,
that a township body may take corrective or remedial action by acting
de novo at a public meeting held in conformity with this section and
other applicable law regarding any action which may otherwise be voidable
pursuant to this section; and provided further that any action for
which advance published notice of at least 48 hours is provided as
required by law shall not be voidable solely for failure to conform
with any notice required in this section.
b.
Any party, including any member of the public, may institute a proceeding in lieu of prerogative writ in the Superior Court to challenge any action taken by a township body on the grounds that such action is void for the reasons stated in subsection a of this section, and if the court shall find that the action was taken at a meeting which does not conform to the provisions of this act, the court shall declare such action void.
Any person, including a member of the public, may apply to the
Superior Court for injunctive orders or other remedies to insure compliance
with the provisions of this act, and the court shall issue such orders
and provide such remedies as shall be necessary to insure compliance
with the provisions of this section.
Any person who knowingly violates any of the foregoing subsections
of this section shall be fined $100 for the first offense and no less
than $100 nor more than $500 for any subsequent offense, recoverable
by the State by a summary proceeding under the "Penalty Enforcement
Law" (N.J.S. 2A:58-1 et seq.). The County District Court of the County
of Mercer shall have jurisdiction to enforce the penalty upon complaint
of the attorney general or the county prosecutor, but the attorney
general or county prosecutor may refer the matter to the public advocate.
Whenever a member of a township body believes that a meeting of such
body is being held in violation of the provisions of this section,
he shall immediately state this at the meeting together with specific
reasons for his belief which shall be recorded in the minutes of that
meeting. Whenever such a member's objection to the holding of such
meeting are overruled by the majority of those present, such a member
may continue to participate at such meetings without penalty providing
he has complied with the duties imposed upon him by this section.
At least once each year, within seven days following the annual
organization or reorganization meeting of a township body, or if there
be no such organization or reorganization meeting in the year, then
by not later than January 10 of such year, every township body shall
post and maintain posted throughout the year in the place described
in subsection 2-2A.ld(1) mail to the newspapers described in subsection
2-2A.1d(2), submit to the persons described in subsection 2-2A.1d(3),
for the purpose of public inspection a schedule of the regular meetings
of the township body to be held during the succeeding year. Such schedule
shall contain the location of each meeting to the extent it is known,
and the time and date of each meeting. In the event that such schedule
is thereafter revised, the township body, within seven days following
such revision, shall post, mail and submit such revision in the manner
described above.
Any person may request that a township body mail to him copies
of any regular meeting schedule or revision described in subsection
2-2A.10 and any advance written notice described in subsection 2-2A.ld
of any regular, special or rescheduled meeting of such body, and upon
pre-payment by such person of a reasonable sum, if any has been fixed
by resolution of the township body to cover the costs of providing
such notice, the township body shall mail to such person written advance
notice of all of its meetings within the time prescribed by subsection
2-2A.ld herein, subject only to the exceptions set forth in subsection
2-2A.2b herein. Such resolution may provide that notice requested
by the news media shall be mailed to such news media free of charge.
All requests for notices made under this section shall terminate at
midnight on December 31 of each year, but shall be subject to renewal
upon a new request to the township body.
[Ord. 1/19/70; Ord. 1972-6; Ord. 73-20; Ord. 73-21; Ord. 1976-15; Ord. 1976-16; Ord. 1976-17; Ord. 1979-2; Ord. 1981-6; Ord. 1982-6; Ord. 1983-41; Ord. 1994-3; Ord. 1998-23; Ord. 2011-16; Ord. 2012-8]
The township council shall choose a township manager solely
on the basis of his executive and administrative qualifications, with
special reference to his actual experience in, or his knowledge of,
accepted practice in respect to the duties of the office as hereinafter
set forth. At the time of his appointment, the township manager need
not be a resident of the township or state, but during his tenure
of office he may reside outside of the township only with the approval
of the council. The township manager shall hold office for an indefinite
term and may be removed by a majority vote of the council pursuant
to the Charter.
The manager may designate a qualified administrative officer
of the township to perform his duties during his temporary absence
or disability. In the event of his failure to make such a designation,
the council may by resolution appoint an officer of the township to
perform the duties of the manager during such absence or disability,
until he shall return or his disability shall cease.
The manager shall be the chief executive and administrative
officer of the township. He shall see that all ordinances, resolutions
and policies of the council, and all state laws subject to enforcement
by municipal action, are faithfully enforced and executed. He shall:
a.
Represent the township and assert its proper interests in relation
to the state and other political subdivisions, and with respect to
municipal contracts and franchises.
b.
Attend all meetings of the council with the right to take part
in the discussions, but without the right to vote.
c.
Keep the council advised of the financial condition of the township,
make reports to the council as requested by it, and at least once
a year make an annual report on the administration of the township
government for the benefit of the council and the public.
d.
Study the governmental and administrative operations and needs
of the township government, and prepare and recommend to the council
necessary and desirable plans and programs to meet present and foreseeable
needs.
e.
Perform such other duties as may be required of the township
manager by ordinance or resolution of the township council.
The manager shall:
a.
Appoint and remove all department heads and all other officers,
subordinates and assistants, other than the clerk, attorney, Class
I, Class III and Class IV members of the planning board, the board
of adjustment, the municipal judge, the director of welfare, the members
of the municipal utilities authority, and members of advisory boards
established by this code or by the council. The manager may delegate
to the head of a department the power to appoint and remove subordinates
in such department. Pursuant to the Charter, any provision of general
law conferring the appointing power or other power on the mayor or
other executive head of the township shall be construed as meaning
the township manager.
Except where otherwise expressly required by the Charter or
general law, department heads and subordinate officers and employees
subject to appointment by the manager shall be appointed for an indefinite
term subject to suspension or removal by the manager. In lieu of appointment
the manager may serve as the head of any department or division.
b.
Direct and supervise the administration of all departments of
the township government and be responsible for the maintenance of
sound personnel policies and administrative practices.
c.
Approve all bills and vouchers for payment subject to pre-audit
and control as provided herein.
d.
Maintain a continuing review and analysis of budget operations,
work programs and costs of township services.
e.
Establish working, personnel, vacation and sick leave schedules
and appropriate records and reports.
f.
Approve or prescribe the internal organization of each department.
g.
Assign and transfer administrative functions, powers and duties
among and within departments, subject to the Charter and Administrative
Code.
h.
Delegate to department heads such of his powers as he may deem
necessary for efficient administration.
i.
Serve as head of the department of administration and exercise
his powers as manager through such department to the extent he deems
practicable and desirable.
There shall be an office of the clerk, the head of which shall
be the township clerk. The clerk shall be appointed by the council
and shall, prior to his appointment, be qualified by training and
experience to perform the duties of his office. He shall serve for
a term of three years, and shall receive such compensation as shall
be provided by ordinance.
The clerk shall serve as clerk of the council. He shall attend
all meetings of the council and shall keep the minutes of the proceedings
of the council. The minutes of each meeting of the council shall be
signed by the officer presiding at the meeting and by the clerk.
The clerk shall record all ordinances in books to be provided
for that purpose. After each ordinance he shall also record and certify
the proof of publication thereof as required by law. Each ordinance
so recorded shall be signed by the mayor and the clerk who shall attest
that it was duly adopted on the dates stated, and when so signed the
recorded copy shall be deemed to be a public record of the ordinance.
The clerk shall record all resolutions in the minute book and shall
certify each as a true copy of the resolution adopted by the council.
Any omission by the clerk or the mayor to so record, sign or certify
shall not impair or affect the validity of any ordinance which has
been duly adopted.
The clerk shall have custody of and safely keep all records,
books and documents of the township, except those committed by the
Charter or ordinance to any other office or transferred thereto by
the manager. He shall, upon request and the payment of the fees prescribed
therefor by resolution of the council for the use of the township,
furnish a certified copy of any such paper in his custody, under the
corporate seal of the township.
The clerk shall cause the corporate seal of the township to
be affixed to instruments and writings when authorized by ordinance
or resolution of the council or when necessary to exemplify any document
on record in his office, or to certify any act or paper which, from
the records in his office, shall appear to have been a public act
of the township or a public document. He shall not affix the seal
or cause or permit it to be affixed to any other instrument or writing
or other paper unless required by law or ordinance.
The following design is adopted as the official and standard
design of the seal of the Township of East Windsor to be used for
all authorized and official township purposes:
 |
The clerk, subject to the supervision of the manager, shall:
a.
Be the depository for and custodian of all official surety bonds
furnished by or on account of any officer or employee, except his
own bond which shall be placed in the custody of the treasurer; of
all insurance policies upon or with respect to risks insured for the
benefit of the township or to protect it against any claim, demand
or liability whatsoever; and all formal contracts for work, labor,
services, supplies, equipment and materials to which the township
may be a party.
b.
Be the depository for and custodian of all performance bonds running
to the township as obligee, or any other form of security, given by
any contractor, subdivision developer or other persons on account
of work done or to be done in or for the township, except that in
the case of cash deposited as security, he shall make appropriate
arrangements for its investment for the benefit of the township with
the treasurer.
c.
Have custody of all leases and deeds of property owned by the township.
d.
Report to the manager annually, at such time as he may require, on
the coverage, expiration date and premium of each surety bond and
contract of insurance; the nature and terms of outstanding leases,
the rent reserved by each and their respective expiration dates.
No rule or general regulation made by any department, officer,
agency or authority of the township, except such as relates to the
organization or internal management of the township government or
a part thereof, shall take effect until it is filed with the township
clerk. The clerk shall maintain a current compilation of all such
rules and regulations which shall be available for public inspection
in his office during business hours.
In addition to such other functions, powers and duties as may
be prescribed by the Charter and ordinances, the clerk shall:
a.
Perform all the functions required of municipal clerks by the
General Election Law (Title 19 of the Revised Statutes) and any other
law or ordinance.
b.
Administer the provisions of the township ordinances with reference
to the licensing of occupations and activities for which licenses
are required by law or ordinance to be obtained from the clerk, including
dog licenses.
c.
Perform all functions of the administrative officer, meaning
the municipal clerk, as required by the Municipal Land Use Law (N.J.
Laws 1975 Ch. 291 as amended, N.J.S.A. 40:55D-1 et seq.) unless a
different municipal official or officials are designated by ordinance
or statute.
d.
Have such other, different and additional functions, powers
and duties as may be prescribed by law or ordinance, or resolution,
or delegated to him.
a.
There may be a deputy clerk(s) of the township who would be
appointed by a majority of the full authorized membership of the council
and serve at the pleasure of the council. The initial appointment
will be for a probationary period of six months or as further extended
in accordance with the East Windsor Personnel Policy.
b.
The deputy clerk shall be evaluated semi-annually by the municipal
clerk in accordance with East Windsor Township Personnel Policy and
shall also be evaluated no less than once during each calendar year
by the township council.
c.
The deputy clerk shall work under the supervision of the municipal
clerk and, in the absence of the municipal clerk, perform all the
duties of the clerk.
The attorney shall be appointed by the council by a majority
vote of its members for the term of one year, from the first day of
January and until his successor has been appointed and qualified.
He shall be an attorney-at-law of New Jersey, but need not be a resident
of the township. In lieu of appointing an individual attorney, the
council may appoint a firm of attorneys, all of whose members shall
be attorneys-at-law of New Jersey.
There shall be a municipal court prosecutor appointed annually
by the council. He shall be an attorney-at-law of the State of New
Jersey, but need not reside in the township. He shall serve under
the general direction of the township council and he shall conduct
prosecutions for crimes and offenses cognizable by the municipal court
of the township, including violations of the township, complaints
of any department under State law, and prosecute appeals taken as
a result of convictions obtained in the municipal court by virtue
of complaints on municipal ordinances.
The attorney shall have such powers and perform such duties
as are provided for the office of township attorney by general law
or ordinances of the township. He shall represent the township in
all judicial and administrative proceedings in which the township
or any of its officers or agencies may be a party or have an interest.
He shall give all legal counsel and advice where required by the manager,
council or any member thereof, and shall in general serve as the legal
advisor to the council and manager on all matters of township business.
In furtherance of such general powers and duties, but without limitation
thereto, the township attorney shall:
a.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the township.
b.
With the approval of council, conduct appeals from orders, decisions
or judgments affecting any interest of the township as he may in his
discretion determine to be necessary or desirable, or as directed
by council.
c.
Subject to the approval of the council, have the power to enter
into any agreement, compromise or settlement of any litigation in
which the township is involved.
d.
Render opinions in writing on any question of law submitted
to him by the manager, council, or any member thereof, with respect
to their official powers and duties, and shall perform such duties
as may be necessary to provide legal counsel to the council and manager
in the administration of township affairs.
e.
Supervise and direct the work of such additional attorneys and
technical and professional assistants as the council may authorize
for special or regular employment in or for the township.
f.
Attend all public meetings of the council and all other meetings
when directed by the council.
g.
Act as prosecutor in the municipal court in cases not assigned
to the municipal court prosecutor.
All papers, documents, memoranda, reports, and all other materials
relating to the administration of the legal duties of the attorney
shall be and remain the property of the township. Upon the termination
of his services with the township, the attorney shall forthwith surrender
to any successor all such property, together with a written consent
to substitution of any successor in all legal actions and proceedings
then pending to which the township is a party.
a.
There shall be a municipal court public defender appointed annually
by the council. He shall be an attorney-at-law of the State of New
Jersey, but need not reside in the township. He shall serve under
the general direction of the council and he shall provide all necessary
and desirable legal counsel and advice required for the defense of
cases in the municipal court of the township on behalf of those indigent
defendants who are entitled by law to appointment of counsel.
b.
A person applying for representation by the public defender
shall be required to pay an application fee of $200. The Municipal
Court may waive the required application fee, in whole or in part,
if the court determines, in its direction, that the application fee
represents an unreasonable burden upon the person seeking representation.
[Ord. 1/19/70; Ord. 1980-28]
There shall be the following departments, boards and commissions
in the township:
The head of a department, subject to the Charter and Administrative
Code and the approval or direction of the manager, shall:
a.
Prescribe the internal organization of the work of his department.
b.
Direct and supervise the subordinate officers and employees
of the department, and make, alter and enforce individual work assignments.
c.
Approve or disapprove payrolls, bills and claims chargeable
to departmental appropriations.
d.
Maintain such records of work performance and unit costs thereof
as may be approved or required by the manager.
e.
Provide such information and reports on the work of the department
as may from time to time be required by the manager.
f.
Exercise such other or different powers of administrative supervision
and direction as the manager may delegate to him.
Members of all multimember boards and commissions shall serve
for the terms set forth in this code, respectively, unless any such
member:
a.
Shall cease to reside in the township; or
b.
Shall be removed from office pursuant to any section of the
Revised General Ordinances; or
c.
For any reason set forth in N.J.S. 40A:9-12.1.
Upon the occurrence of any vacancy, the vacant position shall
be filled for the unexpired term unless otherwise provided by law.
The members of any board or commission: (1) which was created
solely by township ordinance without specific State or Federal legislation
requiring or enabling such creation; and (2) the duties and functions
of which are purely advisory or recommendatory in nature, shall not
be deemed to be officers, officials or employees of the township except
for the following purposes:
-Section 2-2A - Meetings of Township Bodies.
-Subsection 2-23 Removal of Members of Boards, Agencies and Commissions.
-Section 4-9 Code of Ethics.
-that section of the Revised General Ordinances establishing
the board or commission in question and setting forth the duties thereof.
[Ord. 1/19/70; Ord. 1973-18; Ord. 1979-21; Ord. 1980-37; Ord. 1981-31; Ord. 1982-6; Ord. 1987-5]
The manager shall be the director of the department of administration.
Within the department of administration there shall be a division
of purchasing, the head of which shall be the township purchasing
agent.
a.
General. All purchases shall be made in accordance with the
Local Public Contracts Law (N.J.S. 40A:11-1 et seq.) and all regulations
promulgated pursuant thereto.
b.
Contracting Agent. Pursuant to N.J.S. 40A:11-2(3) the Township
Manager is hereby designated as contracting agent for the township.
As contracting agent the manager shall:
1.
Pursuant to N.J.S. 40A:11-3 enter into contracts on behalf of the
township for the performance of any work or the furnishing of any
materials or supplies the total cost of which is less than $4,500.
2.
Prepare specifications for and advertise for the receipt of bids
for, and receive and review such bids for, such items as are authorized
for purchase in the annual budget as approved and are required by
law to be purchased based upon sealed bids received after public advertising
therefor pursuant to N.J.S. 40A:11-4.
c.
Bid Advertising.
1.
The manager shall transmit the text of specifications for bids and
a date for advertisement therefor to the township clerk who shall
advertise for and receive bids at the place, time and date specified
in the advertisement therefor in the manner provided by N.J.S. 40A:11-2(3).
The clerk shall further make copies of the specifications available
for the information of the township council.
2.
Any bid received shall be deemed to be received by the clerk conditionally,
pending full examination as to legal form and compliance with all
requirements set forth in the specifications.
3.
After examination as to form all bids shall be reviewed by the manager
who shall submit to the township council a written recommendation
as to which bidder should be awarded the contract by the township
council pursuant to the Local Public Contracts Law.
d.
Purchasing Procedures. Purchases shall be authorized only upon
requisition of a department head, which requisition shall be made
to the manager at such times and in such form as he may prescribe
or approve, and such requisition shall incorporate a certification
of the treasurer that a sufficient balance of appropriations is available
in the account against which the requisition is being charged to pay
therefor. The manager may by administrative regulation permit limited
purchasing without requisition.
e.
Standards and Tests. The manager or his designee shall establish
and approve uniform standards for requisitions and purchases; shall
control the delivery of all supplies, materials and equipment and
other items purchased, and shall make or cause to be made proper test
checks and inspections thereof. He shall ascertain whether the supplies,
materials, equipment and other items purchased comply with the specifications,
and shall cause laboratory or other tests to be made whenever it is
necessary in his opinion to determine whether the materials or supplies
furnished are of the quality and standard required, and shall accept
or reject the deliveries in accordance with the results of his inspection.
f.
Joint Purchasing with Mercer County.
1.
Findings and Purpose. The mayor and council of the township find
that economies in the purchase of work, materials and supplies may
be expected through the township's participation in large-volume purchasing
on behalf of two or more public agencies. It is therefore the purpose
of this chapter to achieve such economies by authorizing the township
to participate in such purchasing pursuant to R.S. 40A:11-10 et seq.
2.
Joint Purchasing Agreement Authorized. The township hereby agrees
with the County of Mercer that the purchase of work, materials and
supplies for use by their respective jurisdictions and by such other
contracting units as shall lawfully enter into similar agreement shall
be accomplished under the following terms and conditions:
(a)
This agreement shall apply only to such work, materials and
supplies, which shall conform to such specifications, as shall from
time to time by resolution be designated by the county and approved
by the township.
(b)
The county shall cause advertisements for bids to be made as
required by law and shall receive and open bids and notify the township
of the amounts thereof. All administrative costs incurred by the county
in connection therewith, including the cost of advertising, shall
be borne by the county without reimbursement from the township.
(c)
The township shall award contracts for work, materials and supplies
for its own use, and such awards shall be to the same successful bidders
at the same net unit prices as are awards by the county for the county's
requirements. However, the township shall have the right, after receiving
notice of the bids in any instance, not to make any award thereon
and to purchase its requirements from any other source and in any
other lawful manner.
(d)
All payments for work, materials and supplies for the township's
own use shall be made directly to the suppliers by the township in
accordance with awarded contracts, and the county shall not be liable
for any such payment.
(e)
All contracts shall be subject to all applicable terms and conditions
of R.S. 40A:11-1 et seq.
g.
Cooperative Pricing Agreement.
1.
This ordinance shall be known and may be cited as the Cooperative
Pricing Ordinance of the Township of East Windsor.
2.
Pursuant to the provisions of N.J.S. 40A:11-11 (5), the mayor and
clerk are hereby authorized to enter into a cooperative pricing agreement
with the County of Mercer (hereafter referred to as the Lead Agency)
or any other contracting unit within the County of Mercer or adjoining
counties for the purchase of work, materials and supplies.
3.
The lead agency entering into contracts on behalf of the township
shall be responsible for complying with the provisions of the Local
Public Contracts Law (N.J.S. 40A:11-1 et seq.) and all other provisions
of the Revised Statutes of the State of New Jersey.
The township budget shall be prepared by the manager.
a.
Budget Requests. During the month of September the manager shall
require each department head to prepare departmental budget requests
for the coming fiscal year. During the month of November such departmental
requests shall be submitted and the manager shall hold public hearings
on same.
b.
Budget Document. Upon the basis of the departmental requests,
the budget hearings, his analysis of the needs and resources of the
township and such policy guides as may be prescribed by resolution
of the council, the manager shall prepare his recommended budget in
the form required by general law for township budgets. On or before
January 15th in each year the manager shall present to the council
his budget document consisting of:
c.
Budget Message. The budget message shall consist of such explanatory
comments, exhibits and schedules concerning the budget as the manager
or the council may deem desirable, together with:
1.
An outline of the proposed financial policies for the ensuing budget
year, including explanations of the important features of the budget
and of any major changes in policy.
2.
An analysis of revenue and costs, and of work performance contemplated
by the budget so far as appropriate units of measurement may have
been developed and installed.
3.
A statement of pending capital projects and proposed new capital
projects relating the amounts required for capital purposes to the
down payments and other expenditures financed from current appropriations
and to the amount of bonds to be issued during the budget year.
4.
A capital program of proposed capital projects for the budget year
and the next five years, which may be prepared with the assistance
of the planning board, together with his comments thereon and estimates
of cost. The capital budget shall be prepared in September as required
by the State Division of Local Finance.
[Ord. 1/19/70; Ord. 1971-1; Ord. 1976-29; Ord. 1985-13; Ord. 1985-44; Ord. 1990-19; Ord. 1998-16; Ord. 2013-08]
There shall be a department of finance, the head of which shall
be the director of finance. He shall be appointed by the manager and
shall be qualified by training and experience in municipal budgeting,
accounting and finance. The director shall be the chief financial
officer of the township; supervise the work of the department and
its divisions; be responsible for the accounting, pre-auditing and
control of all revenues and expenditures; be responsible for the custody,
receipt and disbursement of township funds; supervise and perform
the work involved in the negotiation of loans and the sale of bonds;
be responsible for the safety and investment of township funds, the
management of the township debt, the development of financial policies
for recommendation to the manager, and the safeguarding of the township's
financial interests to the fullest extent.
Within the department of finance there shall be a division of
accounts and control, the head of which shall be the comptroller.
Under the supervision and direction of the director of finance, the
comptroller shall:
a.
Develop, maintain and enforce a uniform system of accounts,
including forms, standards and procedures for all departments of the
township government. Any uniform system of accounts shall include
appropriate provision for such records and reports as may be prescribed
or approved by the finance director for the determination of the cost
of performance of each functional program or activity, measured in
such work units as may be appropriate thereto, and for such data,
records and reports as may be prescribed or approved by the finance
director for the preparation and execution of a budget for the expenditure
of public funds for capital purposes to give effect to general improvement
programs.
b.
Maintain and operate the township's central bookkeeping and
accounting records according to sound accounting principles and in
accordance with the requirements of the Director of the State Division
of Local Finance.
c.
Audit all receipts and disbursements of the township government
and of each of its departments, and pre-audit all bills, claims and
demands against the township, including payrolls, and require each
department head to certify that any materials, supplies or equipment
have been received and accepted as specified and that the services
have been duly rendered.
d.
Control all expenditures to assure that budget appropriations
are not exceeded and maintain such books and records as may be required
for the proper exercise of such budgetary control.
e.
Review each proposed expenditure and commitment to be made on
behalf of any department for conformity with State law, the Charter
and ordinances of the township, and authorize only such expenditures
and commitments as conform with all the requirements of the Administrative
Code.
f.
Maintain and operate the central payroll system, and all social
security, pension, insurance and other benefit records for personnel
of all departments.
g.
Devise, install and supervise a perpetual inventory of unissued
stores of the township and install an accounting system whereby the
status of such inventories will be maintained currently. Supervise
a physical inventory periodically. Supervise the making of inventory
lists of furniture and equipment by every officer, department and
other agency having possession of township-owned property. Devise
a system of inventory records to account for all furniture and equipment,
and supervise a periodic counting of such furniture and equipment.
h.
Submit a monthly report of expenditures and balances to the
council and manager through the finance director.
Within the department of finance, for administrative purposes,
there shall be a division of assessments, the head of which shall
be the tax assessor. The tax assessor shall be appointed by the council
to serve for a four-year term from July 1 next following his appointment.
He shall have, perform and discharge all the functions, powers
and duties prescribed for assessors by general law and municipal ordinance.
Prior to his appointment, the assessor shall be qualified by training
or experience, or a combination thereof, in the valuation and assessment
of real and personal property. The division shall:
a.
Have, perform and discharge all the qualifications, functions,
powers and duties prescribed by law for a municipal assessor.
b.
Make assessments for benefits for local improvement, and for
that purpose have and exercise the powers and duties of a board of
assessment for local improvement as provided by law.
c.
Maintain adequate assessment records for each separate parcel
of real property assessed or exempted.
d.
Maintain a current tax map of the township as a public record
and cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other departments as provided by the code.
e.
Assign street addresses to all lots in subdivisions as approved
by the Township.
f.
Report to the council through the manager immediately in writing
if he discovers any information or basis which would cause him to
alter the assessment of any township property. This requirement shall
not apply to added assessments resulting from improvements made to
property.
g.
Provide to the council through the manager annually, as soon
as practicable after receipt of yearly sales data and in no case later
than November 15 of every year, an overall detailed written report
of assessments and taxation of properties in the township.
Within the department of finance there shall be a division of
tax collections, the head of which shall be the tax collector. The
tax collector shall be appointed by the manager for a four-year term
commencing on January 1 of the year of his appointment as provided
by law. He shall have, perform and exercise all the functions, powers
and duties as are provided by general law and ordinance. He shall
receive and collect all monies assessed or raised by taxation or assessment
for any purpose. He shall keep proper records and report to the director
at least once a month all receipts and deposits made by him, and shall
in such report account for all monies for which he is responsible.
He shall keep a current record of all tax title liens, advising the
director promptly as such liens become subject to foreclosure under
the law. He shall enforce the payment of delinquent taxes by the means
provided by law as soon as they become delinquent. He shall also serve
as tax searcher and perform such duties as are prescribed by general
law and municipal ordinance. However, the manager may appoint in lieu
of the tax collector any qualified person to the position of tax searcher.
Within the department of finance there shall be a division of
the treasury, the head of which shall be the township treasurer.
a.
Powers and Duties of the Treasurer. The treasurer shall have,
perform and exercise all functions, powers and duties as provided
by general law and ordinance. He shall:
1.
Keep and maintain books and records of all financial transactions
of the township in accordance with the standards and requirements
of the Division of Local Finance in the Department of Community Affairs
of the State of New Jersey.
2.
Have custody of all public monies of the township and make monthly
reports to the director of finance of all receipts, expenditures,
commitments and unexpended appropriations. All monies received from
any source by or on behalf of the township or any department, board,
office or agency thereof, except as otherwise provided by township
ordinance, shall be paid to the treasurer who shall, by the next ensuing
bank day after their receipt, deposit them to the credit of the township
in the authorized public depository of the township, to the credit
of the proper account.
3.
Be the certifying agent for the Public Employees Retirement System
of New Jersey; Consolidated Police and Firemen's Pension Fund of New
Jersey; Police and Firemen's Retirement System of New Jersey; Old
Age and Survivors Insurance System; hospitalization, medical surgical
and major medical group insurance plans for employees; withholding
taxes; U.S. Saving Bonds; employees' unions; and the United Fund Appeals.
4.
May aid, under the director of finance, with the work involved in
the negotiation of loans and the sale of bonds.
5.
Have custody of all investments and invested funds of the township
or in its possession in a fiduciary capacity, except as otherwise
provided by law, and have the safekeeping of all bonds and notes for
transfer, registration or exchange. He shall invest or deposit all
monies not required for current operations in interest bearing accounts
as may be approved by the division of account and control.
b.
Disbursements. Disbursements in payment of bills and demand
shall be made by the treasurer upon pre-audit and warrant of the director
of finance, approved by the manager; except that payment from the
payroll account shall be made pursuant to paragraph (c) below. Every
warrant shall be in the form of a warrant-check payable to the order
of the person entitled to receive it, and shall specify the purpose
for which it is drawn and the account or appropriation to which it
is chargeable. Each warrant-check shall bear the signatures of the
manager or acting manager, and the treasurer or acting treasurer.
c.
Payroll Account. There shall be an account to be designated
as the payroll account, and from time to time the treasurer, upon
receipt of a warrant or an amount due such payroll account, shall
deposit the same to the credit of the payroll account, charging the
appropriate budgetary accounts therewith. Disbursement from the payroll
account may be made by payroll checks signed by the treasurer alone,
or someone authorized by the manager with the approval of the council
to act in the treasurer's stead, pre-audit and warrant of the director
of finance and approval by the manager of the entire payroll.
d.
Travel Expenses. Itemized claims supported by receipts where
available should be presented in order to obtain reimbursement for
expenses incurred by local officials were authorized to travel by
the township. Travel expenses will be reimbursed only in accordance
with the travel regulations of the township.
e.
Discounts. Whenever a claim approved by the manager provides
for a discount if paid before the date set for the next ensuing regular
meeting of council, the manager may draw a warrant on the township
treasurer for payment thereof prior to approval by council and cause
the same to be paid in time to obtain the discount, provided the debt
was incurred within the scope of prior specific or general authority
from council, written notice of intention to pay such debt has been
filed for public inspection in the office of the township clerk and
copies thereof sent to each councilman three days before payment is
made, and a report of all claims so paid shall be submitted to council
for ratification at the next ensuing regular meeting thereof.
There shall be an auditor appointed by the council to serve
for a term of one year ending on December 31st in the year of his
appointment. The auditor shall make an independent annual audit of
the finances of the township as required by law, and shall perform
such other duties required by the council.
As authorized by N.J.S.A. 40:5-18, whenever payment is tendered
by check or other written instrument to the township on any indebtedness
or account and such check or other written instrument is returned
for insufficient funds, a service charge of $20 shall be added to
the account or indebtedness owing to the township. Such service charge
shall be paid and credited before any other payment on the account
or indebtedness is accepted and credited. In addition:
a.
Any party who tenders a check or other written instrument which
is returned for insufficient funds may be required, as determined
by the director of finance, to tender future payments in cash or by
certified or cashier's check.
b.
Unpaid service charges shall be collected in the same manner
prescribed by law for the collection of the account or indebtedness
for which the check or other written instrument was tendered.
c.
Whenever the service charge is imposed on an account owing to
the township for a tax or special assessment, the service charge shall
be included on the appropriate list of delinquent accounts prepared
for the enforcement of the lien.
a.
As authorized by N.J.S.A. 54:5-54, whenever a request is made
by an interested party to calculate the redemption of a tax lien certificate,
the following fees shall apply:
b.
As authorized by N.J.S.A 54:5-97.1, the tax collector is hereby
authorized to charge a lienholder a fee of $50 for the calculation
of the amount due to redeem a tax lien.
c.
As authorized by N.J.S.A. 54:5-26, the tax collector is hereby
authorized, in lieu of two publications, to charge a fee of $25 for
each Notice of Tax Sale to the property owner and to any person or
entity entitled to notice of foreclosure by regular or certified mail.
Such costs shall be added to the cost of the tax sale.
[Ord. 1/19/70; Ord. 2/10/70;]
There shall be a department of public works, the head of which
shall be the director of public works. The director, subject to the
direction and supervision of the manager, shall be responsible for
the proper and efficient conduct of all public works functions of
the township government, and shall supervise and direct the work of
the public works department. The department shall:
a.
Be responsible for all matters relating to the construction,
management, maintenance and operation of the physical properties of
the township, other than office supplies, furniture and office equipment.
b.
Provide mechanical services required by any department, office
or agency of the township government, except as otherwise directed
by the manager or council.
Within the department of public works there shall be a division
of public property. Under the direction and supervision of the director
of public works, the division of public property shall:
a.
Operate, maintain and repair township-owned buildings and properties,
and provide custodial and janitorial services therefor.
b.
Control the care, use and disposition of motor vehicles owned
by the township, and for this purpose the division shall:
1.
Operate or supervise the operation of a garage or garages for the
storage, servicing, repair and maintenance of township-owned motor
vehicles.
2.
Supervise any work done by contract for the storage, repair, servicing
and maintenance of township-owned motor vehicles or equipment.
3.
Control the maintenance of motor vehicles owned by the township by
maintaining individual vehicle records of mileage, costs of operation
and maintenance and replacement schedules.
Within the department of public works there shall be a division
of streets. Under the direction and supervision of the director of
public works, the division shall:
a.
Maintain and repair all township streets.
b.
Construct and reconstruct streets and roads, treat road surfaces,
and resurface streets and roads according to such standards as approved
by the engineer.
c.
Maintain all township streets in a clean and safe condition,
free of obstructions and hazards, and remove snow and ice therefrom
as required.
Within the department of public works there may be a division
of engineering, the head of which shall be the engineer, who shall
be appointed by the manager. He shall be a duly licensed professional
engineer of the State of New Jersey, and shall perform such duties
as are prescribed by general law and ordinance. In addition, he shall:
a.
Prepare or cause to be prepared plans, designs and specifications
for public works and improvements undertaken by the township, either
on force account or by public contract.
b.
Provide and maintain surveys, maps, plans, specifications and
control records with respect to public works and facilities owned
or operated by the township.
c.
Provide technical and engineering advice and assistance to other
township departments as needed.
All papers, documents, memoranda, reports and other materials
relating to the administration of engineering duties of the engineer
shall be and remain the property of the township. Upon the termination
of his services with the township, the engineer shall forthwith surrender
to any successor all such property.
Within the department of public works there shall be a division
of sanitation. Under the direction and supervision of the director
of public works, the division shall:
[Ord. 1977-20; Ord. 1983-2]
a.
The East Windsor Volunteer Fire Company, No. 1, and the East
Windsor Volunteer Fire Co., No. II, Inc., are hereby recognized together
as the fire department of the township. Each company shall have primary
responsibility for fire protection activity in the respective areas
herein described.
b.
The area to be the primary responsibility of the East Windsor
Volunteer Fire Company, No. I, shall be described as follows:
Beginning at a point at the westerly corner of the township
at the intersection of the West Windsor Township and Washington Township
boundary lines; and thence
1.
Northerly along the West Windsor Township boundary line to its intersection
with the Millstone River; thence
2.
Easterly along the centerline of the Millstone River to its intersection
with the centerline of North Main Street; thence
3.
Southerly along the centerline of North Main Street to its intersection
with the Hightstown boundary line; thence
4.
Westerly, southerly and easterly along the Hightstown boundary line
to the centerline of Old York Road; thence
5.
Southerly along the centerline of Old York Road to its intersection
with the centerline of Windsor-Perrineville Road; thence
6.
Westerly along the centerline of Windsor-Perrineville Road to the
Washington Township boundary line; thence
7.
Northwesterly still along the Washington Township boundary line to
its intersection with the West Windsor Township boundary line and
the point and place of beginning.
c.
The area to be the primary responsibility of East Windsor Volunteer
Fire Co., No II, Inc., shall be described as follows:
Beginning at a point at the southerly corner of the Township
at the Assunpink Creek and the intersection of the Millstone Township
and Washington Township boundary lines; thence
1.
Northerly along the Washington Township boundary line to a point
in the centerline of Windsor-Perrineville Road; thence
2.
Easterly along the centerline of Windsor-Perrineville Road to its
intersection with the centerline of Old York Road; thence
3.
Northerly along the centerline of Old York Road to its intersection
with the Hightstown boundary line; thence
4.
Easterly, northerly and westerly along the Hightstown boundary line
to the centerline of North Main Street; thence
5.
Northerly along the centerline of North Main Street to the Cranbury
Township line said point being the centerline of the Millstone River;
thence
6.
Easterly along the centerline of the Millstone River to its intersection
with the Monroe Township boundary line; thence
7.
Southerly along the Millstone Township boundary line to the centerline
of Disbrow Hill Road; thence
8.
Westerly along the centerline of Disbrow Hill Road to the intersection
with the centerline of the Rocky Brook; thence
9.
Southerly and westerly along the Millstone Township boundary line
to its intersection with the Assunpink Creek and the point and place
of beginning.
d.
As
a condition for receipt of township funds through the annual budget
each company shall submit to the township manager the following:
1.
On or before November 1 of each year such budget information as to
expenses during the past fiscal year as the manager requires in order
to make budget recommendations to the township council; and
2.
Prior to introduction of the annual budget, a certified statement
showing the company's:
(a)
Assets and liabilities; and
(b)
Income from all sources during the previous fiscal year described
by source; and
(c)
Expenditures for the previous fiscal year.
|
This information shall be on forms promulgated by the township
manager and designed to show the township council and the public the
financial state of each fire company as an agency funded since its
inception by public and private contributions.
|
e.
The
title to any equipment purchased with any township funds shall remain
in the township.
[Ord. 1988-10]
There is hereby established a junior auxiliary to the fire department
for Fire Company #1 and Fire Company #2 to operate under and be guided
by N.J.S.A. 40A:14-95.
No person shall be eligible for membership who is less than
16 years nor more than 17 years of age. Such persons shall be required
to obtain permission to join the auxiliary from their parents or guardian.
Such permission shall be in writing and acknowledged or approved in
the manner required by law for deeds to real estate to be recorded.
Members of the auxiliary shall be insured with the same coverage
and in the same amounts provided for the regular volunteer firemen
of the municipality.
The junior firemen's auxiliary program shall be under the guidance
of a standing committee within each fire company appointed by the
fire company's executive committee. The committee shall be made up
of not less than three members.
The executive committee of the fire company shall, before authorizing
the establishment of the junior firemen's auxiliary formulate rules
and regulations to govern the activities of the auxiliary. The rules
and regulations shall provide for the training of the junior auxiliary
members for eventual membership in the districts fire company and
shall further provide that no junior firemen shall be required to
perform duties which would expose him to the same degree of hazards
as a regular member of the volunteer fire company.
[Ord. 1/19/70]
There shall be a police department of the township established in accordance with the provisions of Chapter 3 of this revision.
[Ord. 1/19/70; Ord. 1982-6]
The head of the department of health shall be the health officer.
Under the supervision of the health officer, the department
shall:
a.
Have all the functions, powers and duties of a local board of
health under Title 26 of the Revised Statutes, except that as required
by the Charter, the council shall have and exercise all local legislative
powers under that Title.
b.
Plan and administer a comprehensive public health program including,
without limitation thereto, environmental sanitation, communicable
disease control, child and adult health, and health education, laboratory
services, and other services as may be authorized by the Charter or
ordinance.
c.
Administer and enforce local health ordinances.
[Ord. 1/19/70; Ord. 1971-1]
The head of the department of welfare shall be the local assistance
board. The local assistance board shall consist of five members of
whom four shall be appointed by the manager, and one shall be a member
of the council appointed by the council for a one-year term. The four
members appointed by the manager shall be appointed for four-year
terms, except that of the members first appointed, one member shall
be appointed for a one-year term, one for a two-year term, one for
a three-year term, and one for a four-year term. At least one of the
members of the board shall be a woman. The members of the board shall
serve without compensation, and shall have such powers and perform
such duties as are prescribed by general law and ordinance and shall
appoint a director of welfare pursuant to law. All other employees
of the department of welfare shall be appointed by the manager.
Under the supervision of the board, the director of welfare
shall:
a.
Administer laws and ordinances relating to relief of the needy,
including the furnishing of all forms of public assistance to needy
persons who are eligible for assistance provided by law through county
and State agencies.
b.
Provide or arrange for shelter and custodial care to dependent
and homeless men and women.
c.
Enter into and perform cooperative agreements with voluntary
charitable organizations and services to effectuate its other functions
under this section.
d.
Provide related social services, such as domestic relations
counseling, investigation of paternity cases, indigent burials, and
other public welfare activities.
e.
Cooperate with other public agencies and institutions in the
certification of medically indigent patients for care and treatment.
[Ord. 1/19/70; Ord. 1980-13]
There shall be a department of inspections, the head of which
shall be the Director. The Department shall consist of the following
divisions:
a.
The code enforcement agency, which agency, as established pursuant to Chapter 13 of this revision, shall be deemed to be assigned to the department for administrative and liaison purposes. The construction official shall be the head of this division.
b.
The division of zoning, which agency shall enforce all the provisions
of the township zoning ordinance and perform such related functions
as the manager shall assign to the division. The zoning officer shall
be the head of this division.
The director shall, under the direction of the manager, coordinate
the inspection activities of the department with related activities
in the department of health and with the planning board and zoning
board of adjustment.
[Ord. 1/19/70; Ord. 1971-1; Ord. 1991-2]
There shall be a municipal court in the township pursuant to
the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended
and supplemented, to be known as the "Municipal Court of the Township
of East Windsor, Mercer County". The municipal court shall have a
seal bearing the impress of the name of the court. The court shall
be held in the Municipal Building of the township, or such other place
as the township council shall designate from time to time, and shall
exercise all the functions, powers, duties and jurisdiction conferred
upon municipal courts by the provisions of Chapter 264 of the 1948
Laws of New Jersey, as amended and supplemented, or any other law.
There shall be a municipal judge of the municipal court appointed
by the council. The municipal judge shall serve for a term of three
years from the date of appointment and until a successor shall be
appointed and qualified.
The municipal judge shall have and possess the qualifications,
and shall have, possess and exercise all the functions, duties, powers
and jurisdiction conferred by Chapter 264 of the 1948 Laws of New
Jersey, as amended and supplemented, or by general law or ordinance.
There shall be a clerk of the municipal court appointed by the
manager. The court clerk shall perform such functions and duties as
shall be prescribed for him by law, the rules applicable to municipal
courts, and by the municipal judge. His duties shall include, but
not be limited to:
a.
Carrying out the rules, regulations, policies and procedures
relating to the operation of the court.
b.
Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to court matters.
c.
Maintaining the financial records of the court.
d.
Attending court, taking minutes of trials and entering them
in the docket; arranging trial calendars; signing court documents;
preparing and issuing warrants and commitments.
e.
Taking and preparing bail bonds, making inquiry as to their
sufficiency and equity; receiving and accounting for fines and costs.
f.
Interviewing persons on informal police court matters to determine
if there is a basis for formal action and, if necessary, issue summonses
requiring court appearances in this regard; maintaining and classifying
records and files.
There shall be a deputy clerk of the municipal court, who shall
be appointed by the manager, and who shall perform the functions assigned
to him by the municipal judge and the municipal court clerk.
[Ord. 1/19/70; Ord. 1977-22; Ord. 1977-23; Ord. 1983-19; Ord. 1988-11; Ord. 1992-31]
There is hereby created and established a municipal utilities
authority for the township, under the corporate name of "East Windsor
Municipal Utilities Authority." The municipal utilities authority
shall have and exercise all the powers conferred by Chapter 183 of
the Laws of New Jersey of 1957, together with any other powers which
may hereafter be conferred by law upon municipal utilities authorities
within the territorial boundaries of the Township of East Windsor.
The members and two alternate members of the municipal utilities
authority shall be appointed by resolution of the council, in the
manner provided by Chapter 183 of the Laws of New Jersey of 1957.
Alternate members shall be designated by the governing body as "Alternate
#1" and "Alternate #2" and shall serve during the absence or disqualification
of any regular member or members. Except as otherwise provided by
law, the term of each alternate member shall be five years commencing
on February 1 of the year of appointment and ending on January 31
of the fifth year next ensuing; provided, however, that in the event
two alternate members are appointed, their initial terms shall be
four and five years respectively. Alternate members may participate
in discussions of the proceedings, but may not vote except in the
absence or disqualification of a regular member. A vote shall not
be delayed in order that a regular member may vote instead of an alternate
member. Each member and alternate member shall receive compensation,
not in excess of $1,600 in any one year for his or her service as
a member or alternate member as shall hereafter be determined by the
municipal utilities authorities, provided, however, that in the event
any member of the authority shall be appointed an officer, agent or
employee of the authority, then he shall also receive such additional
compensation for his services as an officer, agent, or employee as
the authority shall determine. In addition, the chairman may receive
up to an additional $100 as hereafter may be determined by the authority.
For purposes of any fee or other charge imposed by the township
for permits or services or review of application, the East Windsor
Municipal Utilities Authority shall be deemed exempt from same to
the same extent as the township government itself. Nothing in this
section shall be deemed, however, to exempt the East Windsor Municipal
Utilities Authority from the following:
a.
Compliance with all procedures required by ordinances, regulations;
and
b.
Providing performance guarantees as required by ordinances;
and
c.
Requiring any contractor performing work for the Authority to
pay for such township permits as are necessary for the performance
of such work to the same extent that the township requires its own
contractors to do same.
[Ord. 1979-6; Ord. 1982-6]
[Ord. 1/19/70]
There shall be a board known as the Health Board of the Township
of East Windsor, consisting of seven members appointed by the council.
One member shall be a member of council appointed for a term of one
year. Of the original appointees, two members shall be appointed for
a term of one year, one for a term of two years, one for a term of
three years, one for a term of four years, and one for a term of five
years. Thereafter, all appointments shall be for a five-year term.
The members shall serve until their respective successors are appointed
and qualified.
The health board shall advise the manager concerning matters
of public health within the township.
[Ord. 1996-20]
There shall be a committee known as the transportation advisory
committee consisting of seven members appointed by the township council.
Of the original appointees, three members shall be appointed to a
term of office to expire on December 31, 1997; two members shall be
appointed to a term of office to expire on December 31, 1998; and
two members shall be appointed to a term of office to expire on December
31, 1999. All subsequent appointments shall be for a three year term
or until the appointment and qualification of a successor. All vacancies
shall be filled for an unexpired term only.
a.
All members of the transportation advisory committee shall be
residents of East Windsor Township or an owner or employee of an industry
and/or business located in the township.
b.
The members of the transportation advisory committee shall annually
elect from among their members a chairperson, vice-chairperson and
secretary.
The transportation advisory committee shall have the following
duties and responsibilities:
a.
To review matters involving traffic circulation, transportation
and/or access to parking facilities in and around the township and
to report or make recommendations to the township council concerning
such matters.
b.
To plan, review and recommend to the township council matters
pertaining to bikeways and/or pedestrian traffic.
c.
To plan, review and recommend to the township council matters
pertaining to mass transit.
d.
To investigate and report on questions involving traffic, transportation
and/or parking as may be requested from time to time by the township
council.
e.
To provide recommendations to the township council on any other
matters involving transportation issues in the township.
[Ord. 2/10/70; Ord. 1974-28]
There shall be an economic development committee consisting
of nine members to be appointed by the township council. Committee
members shall serve staggered three year terms, except that of the
first nine commissioners chosen by the township council on or after
January 1, 1975, three shall be appointed for a term of one year,
three shall be appointed for a term of two years and three shall be
appointed for a term of three years. The committee shall organize
and adopt rules to govern the conduct of its business. The committee
shall choose a chairman and vice-chairman annually from among its
members to preside at its meetings. The committee shall advise and
consult with the council, manager and planning board with respect
to problems relating to the industrial development of the township.
The committee shall prepare and present to the council such programs
and activities as it may find appropriate for the economic development
of the township. The manager shall assist the committee to promote
commercial and industrial development in the township under such plans
and programs as the council shall approve and subject to the master
plan adopted by the planning board.
[Ord. 1978-2; Ord. 1982-22; Ord. 1988-12; Ord. 2004-20]
A municipal emergency management coordinator shall be appointed
by the mayor from among the residents of the township. He shall serve
for a term of three years. As a condition of his appointment, and
his right to continue for the full term of his appointment, each municipal
emergency management coordinator shall have successfully completed
at the time of his appointment or within one year immediately following
his appointment, the current, approved course for such coordinators.
The failure of any municipal coordinator to fulfill such requirements
within the period prescribed shall disqualify the coordinator from
continuing in office and thereupon a vacancy in the office shall be
deemed to have been created. The coordinator shall be responsible
for the planning, coordinating, direction and control of all emergency
management operations pursuant to statute.
The local emergency management planning committee shall consist
of not more than 15 persons. The emergency management coordinator
shall serve as chairman of the committee. The members shall be appointed
by the mayor and shall serve for a term of one year.
[Ord. 1979-1; Ord. 1979-10; Ord. 1996-1]
There shall be a commission known as the environmental commission
of the township pursuant to N.J.S. 40:56A-1 et seq. consisting of
seven members appointed by the mayor, one of whom shall also be a
member of the planning board. All appointments shall be for three
year terms. The members shall serve until their respective successors
are appointed and qualified. The mayor shall designate one of the
members to serve as chairman. Members may be removed for cause pursuant
to N.J.S. 40:56A-1.
The environmental commission shall have power to conduct research
into the use and possible use of open land areas and may coordinate
the activities of unofficial bodies organized for similar purposes
and may, within the limits of its budget, advertise, prepare, print
and distribute books, maps, charts, plans and pamphlets which in its
judgment it deems necessary for its purposes. It shall keep an index
of all open areas, publicly or privately owned, including open marshlands,
swamps and other wetlands, in order to obtain information on the proper
use of such areas, and may from time to time recommend to the planning
board programs for inclusion in the municipal master plan and the
development and use of such areas.
The environmental commission shall have power to study and make
recommendations concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna. Additionally, the environmental
commission may make recommendations to the township council on measures
and programs for the beautification of the township, including the
regulation, planting and care of shade and ornamental trees and shrubbery
now located or which may hereafter be planted in any public highway
or park.
The environmental commission shall keep records of its meetings
and activities and shall make an annual report to the governing body
of the municipality.
The environmental commission may, with prior approval of the
township council apply for and accept grant funds from any Federal,
State or local governmental agency or authority, in the name of the
municipality for any of its purposes and shall administer the same
for such purposes subject to the terms of the grant.
[Ord. 1993-24]
[1]
Editor's Note: Prior ordinances codified herein
include portions of Ordinance Nos. 1979-25, 1982-27, 1983-22 and 1985-7.
There is hereby established a committee consisting of ten members
which shall be appointed by the township council and shall serve without
compensation. One member shall be a member of the township council
who shall serve until December 31 of each year in which he/she was
appointed. The remaining nine members shall be residents of the township
and shall serve for a three year term; however, each member shall
initially serve only until December 31 of the year of his/her initial
appointment. Thereafter, the township council shall stagger the terms
of the members so that the terms of three members expire each year.
Therefore, three members shall be appointed for one year, three members
for two years and three members for three years. Subsequently, each
appointment of the nine general members shall be for a three year
term.
A vacancy on the committee occurring other than by expiration
of a term shall be filled for the unexpired term in the same manner
as the original appointment.
The committee shall have the following powers and duties:
a.
To monitor and evaluate the cable operator's performance;
b.
To monitor and evaluate the community's level of satisfaction
with the existing cable franchise;
c.
To identify the community's cable-related goals and needs;
d.
To monitor and evaluate legislative, regulatory and technological
developments in cable television, including but not limited to evaluation
of the requirements and regulations and overseeing that they are properly
applied to local customers;
e.
To monitor, oversee and advise rate structures as provided for
by the Federal Communications Commission;
f.
To oversee the operation of any municipal access channel which
may hereinafter be established;
g.
To monitor and evaluate technological changes;
h.
To make recommendations to the township council relative to
cable related matters, including but not limited to, those listed
above and designed to enhance the level of cable television provided
to the township and its citizenry.
[Ord. 1976-1; Ord. 1983-22]
All persons serving in appointments for a fixed term as members
of boards, agencies and commissions established by ordinance, the
manner of whose removal is not specified by State enabling legislation,
shall be subject to removal from office by a majority vote of the
township council for failure to perform the duties of their office
or misconduct in that office.
Any person to be removed from office shall be given written
notice of specified charges not less than ten days before any vote
to remove him. Upon written request to the township clerk, no more
than five days after service of such written notice, the person shall
be entitled to a public hearing before the council prior to a vote
on his removal.
[Ord. 1983-22]
All administrative regulations except those relating to the
internal organization or personnel management of the township government,
the manner of whose promulgation is not provided elsewhere in the
Revised General Ordinances, shall be promulgated in the following
sequence and manner:
a.
The regulation shall be filed with the township clerk by the
township manager not less than 60 days before the proposed effective
date thereof.
b.
The regulation shall be published and posted in the manner of
other public notices not less than ten days before the proposed effective
date thereof.
c.
In the event that the township council adopts a resolution amending
or disapproving any proposed regulation, the regulation shall be published
and posted as amended or, if disapproved, shall not be published and
posted and shall be deemed not to have been adopted.
The township clerk shall maintain a book containing all duly
promulgated administrative regulations currently in effect and each
township department shall maintain a book of all such regulations
pertaining to that department. Such books shall be available for public
inspection during all business hours and copies shall be made available
to the public at cost.
Any duly promulgated regulation may be amended or repealed in
the same manner provided for its adoption.
a.
In the event that any person violates any regulation duly promulgated
pursuant to this section, and such violation is a single occurrence
and not of a continuous nature, such person may be subject to a fine
of not more than $100 upon conviction of such violation in municipal
court.
b.
In the event that any person violates any regulation duly promulgated
pursuant to this section, and such violation is of a continuous or
ongoing nature, such person shall cease and abate such violation immediately
on written notice thereof. In the event that such person fails to
cease or abate same, he may be subject to a fine of not more than
$50 per day upon conviction of such violation in municipal court.
[Ord. 1984-29]
There shall be a commission known as the cultural and heritage
commission consisting of seven members appointed by the township council.
Of the original appointees, four members shall be appointed for a
term of one year, and three members shall be appointed for a term
of two years. Thereafter, all appointments shall be for a two year
term or until the appointment and qualification of a successor.
Members of the commission may:
a.
Advise the township council and manager in matters pertaining
to the cultural activities of the township and the provision of better
cultural arts appreciation and facilities within the township.
b.
Stimulate and encourage local talent of all ages.
c.
Present to residents various performers.
d.
Arrange for artists and sculptors to exhibit their work in suitable
locations.
e.
Advise residents and the public as to points of interest of
the township's historical heritage.
f.
Maintain and circulate an inventory of the cultural and historical
assets of the township inclusive of individuals, organizations, sites
and artifacts.
g.
Seek foundational, industrial and other benefactors for such
activities.
h.
Encourage, facilitate and coordinate other community organizations
to provide presentations and exhibits.
The commission shall organize at its first meeting every year
and elect a chairman and such other officers as it deems necessary.
[Ord. 1997-1]
There shall be a committee known as the commission on aging
consisting of seven members appointed by the township council. Of
the original appointees, three members shall be appointed to a term
of office to expire on December 31, 1997; two members shall be appointed
to a term of office to expire on December 31, 1998; and two members
shall be appointed to a term of office to expire on December 31, 1999.
All subsequent appointments shall be for a three year term or until
the appointment and qualification of a successor. All vacancies shall
be filled for an unexpired term only.
The commission on aging shall have the following duties and
responsibilities:
a.
To advise the township council in the development, coordination
and integration of the various programs and services available to
senior citizens residing in East Windsor Township in an effort to
enhance the quality of life of the older population in the township.
b.
To plan, investigate and report on questions involving senior
citizens in the township as may be requested from time to time by
the township council.
c.
To provide recommendations to the township council on any other
matters involving senior citizens in the township.
[Ord. 1990-2; Ord. 1992-22]
There shall be a municipal alliance committee pursuant to N.J.S.A.
26:2BB-1 et seq. Membership may include but is not limited to the
following:
a.
Governing body's representative;
b.
The chief of police;
c.
The president of the school board;
d.
The superintendent of schools;
e.
A student assistance coordinator;
f.
A representative of the parent-teacher association;
g.
A representative of the local bargaining unit for teachers;
h.
A representative of the chamber of commerce;
i.
A representative from the local court system;
j.
A representative of local civic association;
k.
Representatives of local religious groups;
l.
Individuals who have been impacted by alcoholism and/or drug
abuse, including individuals who have been directly affected by their
own, or family member's abuse or addictions;
m.
Representatives of labor unions;
n.
Representatives of the media;
o.
Private citizens, including students from the local municipality
with interest or experience in issues concerning alcohol and/or drug
abuse; and/or;
p.
Representatives of public and private organizations involved
in treatment of alcohol and drug related problems.
There shall be no limitation on the number of members who may
be appointed to the municipal alliance committee by the governing
body. The members shall elect a chair and other officers at the annual
organizational meeting in January of each year.
Fifty percent of members must reside in the local municipality.
Members shall be appointed for staggered three year terms, except
that initial appointments shall be equally divided between one, two
and three year terms. Members shall serve until their respective successors
are appointed and qualified. A quorum shall be required for action
to be taken by the committee. A quorum shall be 50 percent of the
voting membership plus one. Voting membership is defined as members
who have attended the two previous meetings.
The purposes of the municipal alliance committee are to:
a.
Organize and coordinate efforts involving schools, law enforcement,
business groups and other community organizations for the purpose
of reducing alcoholism and drug abuse;
b.
In cooperation with local school districts, develop comprehensive
and effective alcoholism and drug abuse education programs in grades
K through 12;
c.
In cooperation with local school districts, develop procedures
for the intervention, referral to treatment and discipline of students
abusing alcohol or drugs;
d.
Develop comprehensive alcoholism and drug abuse education support
and outreach efforts for parents in the community;
e.
Develop comprehensive alcoholism and drug abuse community awareness
programs.
The functions of the municipal alliance committee include:
a.
To adhere to policies, procedures and rules established by funding
agencies to which the municipal alliance committee is responsible.
b.
To create a network of community leaders, private citizens,
and representatives from public and private human service agencies
who are dedicated to a comprehensive and coordinated effort to promote
and support drug and alcohol prevention and education programs and
related activities with an emphasis on youth;
c.
To conduct an assessment to determine the needs of the community
in relation to alcoholism and drug abuse issues;
d.
To identify existing efforts and services acting to reduce alcoholism
and drug abuse;
e.
To coordinate projects within the municipality to avoid fragmentation
and duplication;
f.
To develop programs to be implemented at the municipal level
or to participate in regionally-developed programs that accomplish
the purposes of the municipal alliance committee;
g.
To assist the municipality in acquiring funds for alliance programs;
h.
To cooperate with the Governor's Council on Alcoholism and Drug
Abuse and the County Local Advisory Committee on Alcoholism and Drug
Abuse Alliance Steering Subcommittee to provide municipal data, reports
or other information which may be required for the County Annual Alliance
Plan or needed to assist the alliance effort.
The committee shall provide annually a complete list of municipal
alliance committee members, with their addresses, to the appropriate
County Division for transmittal to the Governor's Council on Alcoholism
and Drug Abuse;
|
Adopt by laws;
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Meet regularly;
|
|
Establish an annual organization meeting;
|
|
Establish at the organization meeting a calendar of meetings;
|
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Keep approved minutes;
|
|
Establish a permanent standing subcommittee on fundraising;
|
|
Establish any other subcommittee as may be appropriate.
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[Ord. 1990-6; Ord. 1993-30]
There is hereby created the East Windsor Township Historic Preservation
Commission. The historic preservation commission shall:
a.
Prepare a survey of historic sites of the township pursuant
to the criteria identified in the survey report;
b.
Make recommendations to the planning board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other master plan elements;
c.
Advise the planning board on the inclusion of historic sites
in the recommended capital improvement program;
d.
Advise the planning board and the board of adjustment on applications for development pursuant to subsection 2-28.7(b);
e.
Provide written reports on the application of the zoning ordinance
provisions concerning historic preservation to the administrative
officer in charge of issuance of building permits;
f.
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the township;
g.
Identify and record historic buildings, structures, sites, objects,
or districts and evaluate these resources against the criteria outlined
in this section. The survey material shall be reviewed and, if necessary,
updated at least every three years to incorporate any newly acquired
historical documentation and to reflect changes to a resource's integrity
or condition;
h.
Assist other public bodies in aiding the public in understanding
historic resources' significance and methods of preservation;
i.
Compile and monitor notices regarding use of detection type
devices; consider, determine and condition the granting of requests
for provisions to dig, disturb, or remove anything from historic landmarks
or sites;
j.
Advise the township council on the relative merits of proposals
involving public lands to restore, preserve and protect historical
buildings, places and structures including the preparation of a long-range
plan therefor; securing State, Federal and other grants and aid to
assist therein and monitoring such projects once underway;
k.
Recommend to the township council amendments to the relevant
township ordinances to enhance the commission's ability to implement
the purposes set forth in this section;
l.
Recommend to the planning board and the township council the
establishment and boundaries of historic districts where appropriate;
m.
Recommend to the zoning board of adjustment the granting of
use variances where such are deemed to be within the intent and purposes
of this section;
n.
Secure the voluntary assistance of the public and (within the
limits of the budget established by the township for the historic
preservation commission's operation) retain consultants and experts
and incur expenses to assist the historic preservation commission
in its work to provide testimony in support of the commission's position
before other bodies, boards, commissions or courts;
o.
Cooperate with local, county, State or national historical societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this section;
p.
Recommend to the applicable county, State and Federal agencies,
where appropriate, recognition of historic buildings, structures,
sites, objects or district; and
q.
Request the zoning officer or the township council to seek,
on its own motion or otherwise, injunctive relief for violations of
this section or other actions contrary to the intent and purpose of
this section.
a.
Addition shall mean the construction of a new improvement as
a part of an existing improvement when such new improvement changes
the exterior appearance of any landmark.
b.
Administrative officer shall mean the person designated to handle
the administration of building permit applications as referenced in
this section.
c.
Affecting a landmark or historic district shall mean any act
which alters or changes a historic landmark or an improvement within
a historic district.
e.
Building shall mean a structure created to shelter human activity
of any kind, including shelter, business, housing or enclosing of
persons, animals or property.
f.
Demolition shall mean the partial or total razing or destruction
of any building, structure, or of any improvement within a historic
district.
g.
Historic district shall mean a designation by the historic preservation
commission and approved by the township council of a geographically
definable area - urban or rural, small or large - possessing a significant
linkage, or continuity or sites, building, structures, and/or objects
which when viewed collectively:
1.
Represent a significant period in the development of the township,
State or nation; or
2.
Have a distinctive character resulting from their architectural style;
or
3.
Because of their distinctive character can readily be viewed as an
area or neighborhood distinct from surrounding portions of the township.
h.
Historic District Resources. Resources within a historic district
shall be classified either as key, contributing or non-contributing
which are defined as:
1.
Key shall mean any buildings, structures, sites or objects which
due to their significance would individually qualify for landmark
status.
2.
Contributing shall mean any buildings, structures, sites or objects
which are integral components of the historic district either because
they date from a time period for which the district is significant
or because they represent an architectural type, period, or method
for which the district is significant.
3.
Non-contributing shall mean any building, structures, sites or objects
which are not integral components of the historic district because
they neither date from a time period for which the district is significant
nor represent an architectural type, period or method for which the
district is significant.
i.
Historic landmarks (or landmark) shall mean any buildings, structures,
improvements, sites, objects or districts which possess integrity
of location, design, setting, materials, workmanship or association,
and which have been determined pursuant to the terms of this section,
to be:
1.
Of particular historic significance to the Township of East Windsor
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, State or community; or
2.
Associated with historic personages important in national, State
or local history; or
3.
The site of a historic event which had a significant effect on the
development of the nation, State or community; or
4.
An embodiment of the distinctive characteristics of a type, period
or method of architecture or engineering; or
5.
Representative of the work of an important builder, designer, artist
or architect; or
6.
Significant for containing elements of design, detail, material or
craftsmanship which represent a significant innovation; or
7.
Able or likely to yield information important in prehistory or history.
j.
Improvement shall mean any structure or any part thereof constructed
or installed upon real property by human endeavor and intended to
be kept at the location of such construction or installation for a
period of not less than 120 continuous days.
k.
Object shall mean a thing of functional, aesthetic, cultural,
historical or scientific value that may be, by nature or design, movable
yet related to a specific setting or environment.
m.
Replacement shall mean repairs when a construction permit is
required for same.
n.
Site shall mean the place where a significant event or pattern
of events occurred. It may be the location of prehistoric or historic
occupations or activities that may be marked by physical remains;
or it may be the symbolic focus of a significant event or pattern
of events that may not have been actively occupied. A site may also
be the location of a ruined building, structure or object if the location
itself possesses historic, cultural or archaeological significance.
o.
Structure shall mean the combination of materials to form a
construction for occupancy, use or ornamentation, whether installed
on, above or below the surface of a parcel of land.
The commission shall be comprised of seven members and two alternates
appointed by the township council with at least one member of each
of the following classes:
Class A: Persons knowledgeable in building design and construction
or in architectural history;
Class B: Persons knowledgeable or with a demonstrated interest
in local history;
Class C: Citizens of the township who hold no other municipal
office, position or employment except for membership on the planning
board or zoning board of adjustment;
Alternate: There shall be two alternates with the same qualifications
as Class C members, designated Alternate 1 and Alternate 2 who may
participate in discussions but may not vote except in the absence
or disqualification of a regular member. Alternate 1 shall vote first.
Class A and B members may be nonresidents of the township. At
least four members of the commission shall be from Classes A and B.
A minimum of four members of the commission shall be citizens of the
township.
The term of regular members shall be four years and of alternates,
two years. The initial terms shall not exceed these limits and shall
be so determined that to the greatest practicable extent the expiration
of terms shall be distributed evenly. Vacancies shall be filled for
the unexpired term only. Notwithstanding anything above, the term
of any member common to the planning board or zoning board of adjustment
shall be for the term of membership on the board.
The commission shall elect a chairman and vice-chairman from
its members, and select a secretary who may or may not be a member
of the commission or a municipal employee.
The commission shall reorganize annually, each January and shall
establish an annual calendar.
The commission shall adopt internal and/or administrative rules
and procedures:
A quorum shall be four members.
All commission meetings shall be subject to the Open Public
Meeting Act. The commission shall cause minutes to be taken and approved
for each meeting, and a recording shall be made of each meeting in
accordance with N.J.S.A. 40:55D-10(f).
The commission shall recommend to the planning board guidelines
for review to be utilized in determinations of historic landmark status
and for review of development applications or permits affecting historic
landmarks or improvements within historic districts. The commission
shall prepare and amend from time to time, if necessary, a survey
of historic sites. The commission shall prepare and adopt guidelines
and criteria for preparation of the survey to be utilized in determining
historic landmark status and for review of development applications
and permits affecting historic landmarks or improvements within districts.
The commission shall consider for historic designation buildings,
structures, objects, sites and districts within the township which
merit landmark designation and protection or possessing integrity
of location, design, setting, materials, workmanship or association,
based on its review or upon the recommendation of other township bodies
or of concerned citizens. The commission shall make a list of landmarks
recommended for designation. For each landmark, there shall be a brief
description of the landmark, of the landmark's significance pursuant
to the criteria set forth above, a description of the landmark's location
and boundaries and a map. The commission shall by certified mail:
a.
Notify each owner that his property is being considered for
historic landmark designation or lies within a district that is being
considered for historic landmark designation and the reasons therefor.
b.
Advise each owner of the provisions of this section in relation
to such designation, and advise him of his opportunities and rights
to challenge or contest such designation.
c.
Notify each owner of the date, time and place of the public
meeting to be held, at least ten days prior to the date of hearing
pursuant to the notice procedures set forth in N.J.S.A. 40:55D-13.
d.
The list of potential landmarks as well as the description,
significance, location, boundaries, and a map of each shall be subject
to review at a commission public hearing. At least ten days before
such a hearing, a preliminary list and map showing proposed landmarks
shall be published, together with notice of the hearing, in an official
newspaper of the municipality. At the hearing, interested persons,
shall be entitled to present their opinions, evidence, suggestions
and objections on the proposed recommendations for landmark designation.
The commission shall then prepare a survey and vote on its survey
and report to the planning board for resources to be designated as
local landmarks.
e.
The commission shall include in its survey a concise report
of its recommendations for the sites to be designated as local landmarks.
Copies of the survey shall be delivered to the planning board and
the township clerk and notice of action published by the commission
secretary in an official newspaper of the municipality and shall state
that designation shall be made by the planning board. Designation
shall be made by the planning board at a public meeting conducted
in accordance with the requirements of the Municipal Land Use Law
governing adoption or revision of the master plan and, as adopted,
said designation shall become a part of the historic element of the
township master plan.
f.
A determination that landmark status exists shall be made by
the planning board as an element of the master plan. Such a determination
by the planning board shall create landmark status incorporated into
the historic element of the master plan. A certificate of designation
shall be issued by the planning board. Within seven days of the creation
of landmark status, the planning board shall by certified mail notify
the owner of the property involved of the determination and advise
him of the procedure for adoption by township council.
g.
After planning board review and approval, the commission shall
submit the list of designated landmarks and a map to the township
clerk for filing. The township council shall then consider the designation
list and map, and may approve, reject or modify same by ordinance
in accordance with the provisions of the Municipal Land Use Law.
h.
Copies of the designation list and official map as adopted shall
be made public and distributed to all municipal agencies reviewing
development applications and building permits.
a.
Scope of Review. All construction permits, demolition and development
applications affecting a historic landmark or an improvement within
a historic district shall be reviewed by the commission. Such review
shall be required for, but not limited to the following, which are
merely listed as examples: demolition, relocation, changes in exterior
appearance, construction of any improvements, changes in signs or
lights, site plan review or subdivisions, or zoning variance requests,
and so on.
b.
Referral of Applications. The planning or zoning board of adjustment
shall refer all development applications and the administrative officer
shall refer all construction permit applications, including permit
applications for new construction, demolition, alterations, relocations,
additions, repairs or replacements which affect a historic district
or landmark to the commission.
c.
Fees, Notice and Meetings. The commission shall determine if such applications are complete. If incomplete, it shall be returned within ten business days, noting in writing the items required to complete the application. When the application is complete, the commission shall schedule a review at its next regular meeting (or soonest available date) and the applicant shall be notified and given an opportunity to be heard. No application shall be deemed complete unless accompanied by a fee and escrow deposit in accordance with the Township's Fee and Deposit Ordinance which shall be used to defray the costs of administration and review. The applicant shall also be required to pay a reasonable amount for the services of any professionals including East Windsor Township employees, when such services are deemed appropriate by the commission for the proper review of the application. In no event shall the amount be less than that set forth in the Fee and Deposit Ordinance. "Services" as used herein include the review of the application, site visits, preparation of reports and attendance at meetings. Current payment of these expenses may be a condition of any approval granted by the commission. Payment by the applicant shall be made within 15 days of receipt of demand from the commission. The collection of delinquent accounts shall be made by East Windsor Township in the same manner as provided in section 20-32 (the Fee and Deposit Ordinance).
d.
Determinations. The commission shall provide written advice
and recommendation to the planning board or zoning board of adjustment
or, in the case of the permit application through the administrative
officer, shall direct such officer to approve, deny or conditionally
approve the application. Such determinations by the commission shall
be made within 45 days of the commission's determination that the
application is complete, unless an earlier determination is required
in accordance with the requirements of the Municipal Land Use Law.
In such case, the board of jurisdiction shall notify the commission
of such earlier deadline for action imposed by the Municipal Land
Use Law. On any application involving demolition or removal of any
kind, the commission's order shall specify whether the permit is to
be denied or postponed. If postponement is ordered, the commission
shall work with the applicant during this interim period to investigate
and consider alternatives to demolition or removal. Denial of approval
for a construction permit shall be deemed to bar the applicant from
undertaking the activity for which the application was made.
e.
Emergencies. Approval by the commission is not required prior
to immediate and emergent repair to preserve the continued habitability
of the landmark and/or the health and safety of its occupants or others.
Emergency repairs may be performed in accordance with township codes,
without the necessity of first obtaining the commission's review.
Under such circumstances, the repairs performed shall be only such
as are necessary to protect the health and safety of the occupants
of the historic landmark, or others, and/or to maintain the habitability
of the structure. A request for the commission's approval shall be
made as soon as possible thereafter and no further work shall be performed
upon the structure until an appropriate request for approval is made
and obtained. All work done under this subsection shall conform to
the criteria set forth in this section and the guidelines for review
of applications as adopted by the planning board in accordance with
this section.
f.
Exceptions. Review by the commission is not required for changes
to the interior of structures, for ordinary repair and maintenance
consistent with the New Jersey Uniform Construction Code Act and N.J.A.C.
5:23-2.3(e), or for minor work pursuant to the New Jersey Uniform
Construction Code Act requiring a construction permit but not visible
from the public right-of-way.
g.
The provisions of this section are subject to, and are not intended
to supersede the provisions of the Uniform Construction Code, and
all municipal ordinances and codes governing design standards for
structures, maintenance of structures, health requirements, housing
requirements and the like.
In regard to an application for any approval of proposed action
the following matters shall be considered:
a.
If the historic landmark or structure in a historic district
is involved:
1.
The impact of the proposed change on its historic and architectural
significance as defined in this section:
2.
Its importance to the municipality and the extent to which its historic
or architectural interest would be adversely affected to the detriment
of the public interest; and
3.
The extent to which there would be the involvement of textures and
materials that could not be reproduced only with great difficulty
and expense.
b.
The use of any structure involved.
c.
The extent to which the proposed action would adversely affect
the public's view of a landmark or structure within a historic district
from a public street.
d.
If the application deals with a structure within a historic
district, the impact the proposed change would have on its character
and ambiance and the structure's visual compatibility with the buildings,
places and structures to which it would be visually related in terms
of the visual compatibility factors set forth herein.
e.
In regard to all applications, additional pertinent matters
may be considered but in no instance shall interior arrangement be
considered.
f.
In assessing the effect of any proposed change on an application
concerning any landmark, the following "visual compatibility" factors
shall be used to analyze the effect that the change applied for would
have on the landmark and on those structures to which the landmark
is visually related. In event that a historic district has such unique
features that the general guideline below are not appropriate criteria,
the planning board shall, with the advice of the historic preservation
committee adopt regulations for each such district which are consistent
with the generally applicable "visual compatibility" facts as set
forth below:
1.
Height. The height of the proposed structure shall be visually compatible
with adjacent structures.
2.
Proportion of the structure's front facade. The relationship of the
width of the structures to the height of the front elevation shall
be visually compatible with structures and places to which it is visually
related.
3.
Proportion of openings with facility. The relationship of the width
of windows to the height of windows in a structure shall be visually
compatible with the structures and places to which it is visually
related.
4.
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a structure shall
be visually compatible with the structures and places to which it
is visually related.
5.
Rhythm of spacing of structures on streets. The relationship of the
structure to the open space between it and adjoining structures shall
be visually compatible with the structures and places to which it
is visually related.
6.
Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street to which it is visually
related.
7.
Relationship of materials, texture and color. The relationship of
materials, texture and color of the facade and roof of a structure
shall be visually compatible with the predominant materials used in
the structure to which it is visually related.
8.
Roof shape. The roof shape of a structure shall be visually compatible
with structures to which it is visually related.
9.
Walls of continuity. Appurtenances of a structure such as walls,
open type fencing, evergreens, landscape masses, shall form cohesive
walls of enclosure along a street, to the extent necessary to maintain
visual compatibility of the structure with the structures and places
to which it is visually related.
10.
Scale of structure. The size of a structure, the mass of a structure
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with the structures and
places to which it is visually related.
11.
Directional expression of front elevation. A structure shall be visually
compatible with the structure and places to which it is visually related
in its dimensional character, whether this be vertical character,
horizontal character or nondirectional character.
12.
Exterior features. A structure's related exterior features such as
lighting, fences, signs, sidewalks, and driveways shall be compatible
with the features of those structures which it visually relates to
and shall be appropriate for the historic period for which the structure
is significant.
In regard to an application to demolish a historic landmark
or any improvement within a historic district, the following matters
shall be considered:
a.
Its historic, architectural, cultural or scenic significance
in relation to the criteria established in this section.
b.
If it is within a historic district, its significance to the
district as a key resource, contributing or non-contributing, and
the probable impact of its removal on the district.
c.
Its potential for use for those purposes currently permitted
by the zoning ordinance.
d.
Its structural condition and the economic feasibility of alternatives
to the proposal.
e.
Its importance to the municipality and the extent to which its
historical or architectural value is such that its removal would be
detrimental to the public interest.
f.
The extent to which it is of such old, unusual or uncommon design,
craftmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty and expense.
g.
The extent to which its retention would promote the general
welfare by maintaining and increasing the real estate values, generating
business, creating new jobs, attracting tourist, students, writers,
historians, artists and artisans, attracting new residents, encouraging
study and interest in American history, New Jersey history and the
history of the East Windsor Township; stimulating interest and study
in architecture and design, educating citizens in American culture
and heritage, or making the municipality a more attractive and desirable
place in which to live.
In regard to an application to move any historic landmark, or
to move any improvement within a historic district, the following
matters shall be considered.
a.
The historic loss to the site of original location and the historic
district as a whole.
b.
The compelling reasons for not retaining the landmark or structure
at its present site.
c.
The compatibility, nature, and character of the current and
the proposed surrounding areas as they relate to the protection of
interests and values referred to in this section.
d.
The probability of significant damage to the landmark or structure
itself.
e.
If it is to be removed from East Windsor Township, the proximity
of the proposed new location to the township, including the accessibility
to the residents of the municipality and other citizens.
f.
If the proposed new location is within a district, visual compatibility
factors as set forth in this section.
No person shall use an electrical, mechanical or other detection
type device to locate objects in or on any township owned historic
landmark or improvement within a historic district without giving
written notice, as set forth below, to the municipal clerk and the
historic preservation commission.
The written notice of the intent to use such a detection device
shall set forth the name and address of the person giving notice as
well as the names and addresses of all persons involved in the on-site
use and shall set forth the date each use will occur and whether any
business, club, or other organization is involved.
The written notice of the intent to use such a detection device
shall be delivered at least five days in advance of the use and no
use shall occur, unless otherwise expressly permitted, other than
between the hours of 9:00 a.m. and 5:00 p.m.
Appeals from decisions of the commission directing the administrative
officer to grant or deny approval of an application for construction
permits shall be to the township council pursuant N.J.S.A. 40:55D-17
et seq.
a.
Any person who undertakes any activity affecting a historic
landmark or any improvement within a historic district which is regulated
by this section, without obtaining review by the historic preservation
commission, shall be in violation of this section.
b.
On any violation, the administrative official shall serve a
notice describing the violation and demanding abatement within ten
days; and, notifying the owner or person(s) present that they must
immediately stop and cease any further activity whatsoever. Such owner
or other person(s) shall immediately stop any activity.
c.
The administrative official may also (i) file a complaint in
the township municipal court; and/or (ii) seek injunctive relief or
restraints in any court of competent jurisdiction.
d.
Each separate day a violation exists shall be deemed to be a
new and separate violation.
e.
Any person violating the provisions of this section shall be
subject to the fine and penalty of not less than $5 nor more than
$150 per separate violation.
[Ord. 1991-25]
There is hereby created the East Windsor Clean Communities Advisory
Committee consisting of six members appointed by the council. The
members must be representative of at least the following groups: business;
municipal government; private/nonprofit sector; and schools, and,
shall be appointed for a term of three years. Of the original appointees,
two members shall be appointed for a term of three years, two members
shall be appointed for a term of two years and two members shall be
appointed for a term of one year. Thereafter, all appointments shall
be for a three year term. The members shall serve until their respective
successors are appointed and qualified.
The committee shall organize at its first meeting every year
and elect a chairman and such other officers as it deems necessary.
The committee shall meet a minimum of four times a year.
The clean communities advisory committee is created for the
purposes and duties set forth herein:
a.
To act as the designated agency responsible for grant implementation
pursuant to the Clean Communities Act; and
b.
To plan and implement programs which combine the elements of
cleanup, enforcement and public information and education and encourage
the proper handling and disposal of solid waste; and,
c.
With the approval of the township council, to apply for and
accept grant funds from any Federal, State, or local governmental
agency or authority, or any other entity or organization in the name
of the municipality for any of its purposes and shall administer the
same for such purposes subject to the terms of the grant; and
d.
To advise the township council and manager in matters pertaining
to the maintenance of clean, litter-free environment, enforcement
and public information related thereto; and
e.
To develop and implement programs to encourage the ongoing cleanup
of public and private places; and
f.
To develop, coordinate, plan and implement such other programs,
demonstration projects and the like, to qualify for grant funding
to foster the purposes set forth herein.
The clean communities advisory committee shall make an annual
report to the governing body of the municipality.
[Ord. 1991-23]
a.
Definitions. The following terms shall have the following meanings:
1.
Public officer shall mean the tax collector, Township of East Windsor.
2.
Real property shall mean improved property upon which there is erected
any residential, commercial or industrial building or other structure.
3.
Lien shall mean any lawful lien, including liens for taxes, special
assessments, municipal charges, demolition and clearance costs and
interest thereon arising by operation of law against real property
in favor of the township.
4.
Special lien shall mean a lien upon fire insurance proceeds created
pursuant to this section and State Statutes.
5.
Commissioner shall mean State Commissioner of Insurance.
b.
No insurance company shall pay to or on behalf of any insured
or other claimant any claim in excess of $2,500 for fire damage to
or upon any real property located within the Township of East Windsor
pursuant to any fire insurance policy until such time as all taxes
and assessments and all other municipal liens or charges due and payable
shall have been paid either by the owner of such real property or
by the insurance company concerned. Except as otherwise herein set
forth, the claim of the Township of East Windsor shall constitute
a special lien against the proceeds of any such fire insurance policy
and shall, as to such proceeds, be prior to all other liens and claims
except the claim of any mortgages or record named in such policy to
the extent provided by law.
c.
The provisions of this section shall not be deemed to or construed
to alter, impair or affect the right of the Township of East Windsor
to acquire or enforce any other municipal lien against property as
may otherwise be provided by law, but shall be in addition to any
other such provision.
d.
Any insurance company issuing fire insurance policies in the
Township of East Windsor is authorized and required, prior to the
payment of any such claim for fire damage in excess of $2,500 to any
claimant for loss to real property therein, to pay to the municipality
the amount of the liens for taxes, assessments or charges appearing
on an official certificate of search pursuant to R.S. 54:5-12 as may
be certified to the insurance company and the insured owner of the
real property concerned by the public officer, such certificates of
search to be without cost, fee or charge and to be provided to both
the insurance company and the insured owner of the real property upon
the written request of either within not more than five business days
after receipt of such request; provided, however, that if an appeal
is taken on the amount of any lien or charge, other than an appeal
on the assessed valuation of real property pursuant to R.S. 54:3-21,
the insurance company shall withhold the full amount of the lien or
charge being contested pending termination of all proceedings, at
which time such monies, together with interest accruing thereon at
prevailing lawful rates for savings accounts, shall be disbursed in
accordance with the final order or judgment of the court.
e.
The public officer shall maintain and update any certificate
of search issued pursuant to this section, which certificate shall
also be made available upon request on the terms and in the manner
provided in paragraph d hereof.
f.
Notwithstanding any other provision of this section, the township council of the Township of East Windsor may at any time 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 the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes, if the said township council is satisfied that the insurance proceeds for a claim will be used to restore or improve the fire damaged property. An insurance company receiving a certified copy of a resolution of agreement from the township council of the Township of East Windsor is authorized to make full payment on the claim to the insured person.
g.
The municipal clerk of the Township of East Windsor is hereby
authorized and directed to file a certified copy of this section with
the State Commissioner of Insurance immediately upon its final adoption
in accordance with law, by certified mail with return receipt obtained.
[Ord. 1995-5; Ord. 1996-10]
Pursuant to N.J.S.A. 40:12-1 et seq. there is hereby created
a board of recreation commissioners in the Township of East Windsor,
with the powers and duties herein provided.
The board shall consist of seven members, appointed by the township
council, who shall be designated commissioners and shall be residents
of the township. All appointments shall be for a term of five years,
staggered so the term of at least one commissioner and not more than
three commissioners shall expire each year. All vacancies shall be
filled for an unexpired term only. Commissioners shall serve until
their successors are appointed and qualified and they shall receive
no compensation for their services.
a.
Election of Officers. The members of the board shall annually
elect from their number a chairman, vice-chairman and secretary.
b.
Meetings. The board of recreation commissioners shall meet regularly
at least once each month in connection with the performance of its
duties and for consideration of matters affecting public recreation.
It shall adopt rules and regulations for the purpose of regulating
the conduct of the meetings of the board.
From time to time the commissioners shall advise and consult
with the township council and the director of recreation with respect
to issues relating to the recreational needs of the township. The
commissioners shall prepare and present to the township council and
the director of recreation, for their consideration, such programs,
plans and activities as the commissioners may find appropriate for
the recreational needs of the residents of the township.
The board shall not have the authority to expend monies for
land acquisition, either by purchase or by lease, nor shall it have
any statutory powers related to land acquisition. Further, the board
of recreation commissioners shall not have the power to appoint or
hire employees. All employees involved in recreation activities shall
be appointed through the director of recreation and the township manager
as required by law. The board shall have the full and complete authority
to approve bills and expenses to be paid out by the township treasurer
upon the warrant of the board of recreation commissioners signed by
its chairman or vice-chairman and attested to by its secretary in
connection with recreation programs operating within the township,
but the commissioners shall not have the power and authority to incur
any obligation in the name of or for the account of the township,
except as authorized from time to time by the township council.
a.
In order to provide funds in whole or in part necessary to improve
and maintain recreation programs operated by the township, the board
of recreation commissioners, with the approval of the director of
recreation, may arrange and provide for the giving of exhibitions,
plays, concerts, games, programs and contests and may use and employ
such playgrounds and recreation places assigned to it by the director
of recreation for the purpose of giving exhibitions, plays, concerts,
games, programs and contests.
b.
The board may charge and collect a reasonable fee for each person
participating in such recreation programs or activities and to dedicate
such funds for the purpose of carrying out such recreation programs
or activities.
[Ord. 1995-20]
Whenever any action has been or shall be brought against any
person holding office, position, employment or board membership under
the jurisdiction of the Township of East Windsor for any act or omission
arising out of and in the course of the performance of the duties
of such office, position, employment or board membership, township
shall defer all costs of defending such action, including reasonable
counsel fees and expenses, together with the costs of appeal, if any,
and shall save harmless and protect such person for any financial
loss resulting therefrom. Said defense shall be provided by the township
attorney. When the township attorney is unable to participate in that
defense, the official, officer, employee or board member shall submit
the name of the attorney of his or her choice to the township council
for approval and agreement as to the cost of services. Said costs
shall not exceed the amount set for compensation of the township attorney.
In the event that any official, officer, employee or board member
engages an attorney without the approval of the township and agreement
as to the cost of services, any and all costs shall be the responsibility
of that official, officer, employee or board member.
Notwithstanding anything to the contrary set forth in subsection 2-32.1 above, the township shall not be responsible for indemnification under the following conditions:
a.
Judgment or settlement of a civil cause of action relating to
a claim based upon willful fraud, malice or misconduct.
b.
Judgments calling for punitive or exemplary damage. Only that
portion of any judgment based on compensatory damages shall be indemnified.
c.
Any insurance coverage is available for payment.
d.
Where any officer or employee is found to have acted in violation
of the Local Government Ethics Law, N.J.S.A. 40A:22-1 et seq.
[Ord. 97-12]
a.
The attached Initial Notice of Claim for Damages Against the
Township of East Windsor, Mercer County, New Jersey form, as authorized
by N.J.S.A. 59:8-6, be and is hereby adopted as the official Notice
of Claim form to be used by all claimants who bring claims against
the Township of East Windsor, its agencies or employees, under the
New Jersey Tort Claims Act.[1]
[1]
Editor's Note: The form referred to herein may be found on
file in the office of the township clerk.
b.
Upon receipt of any Notice of Claim against the Township of
East Windsor, its agencies or employees, the Municipal Clerk shall
provide the claimant with a copy of the attached form with instructions
that it be completed and returned in accordance with the provisions
of this Ordinance.
[Ord. 2000-8]
a.
The owner and owners of any lot in the township shall within
30 days after becoming such owners, present the deed or other evidence
of title for such lot to the East Windsor Township Tax Assessor for
the purpose of recording the transfer and ownership of such lot in
the official records of the township.
b.
The deed or other evidence of title presented for recording
and plotting shall contain a definite identification of the location
of the lot or property conveyed by insertion of a metes and boundary
description with a definite beginning point or by reference to a filed
map. In addition, the deed or other evidence of title presented for
recording and plotting shall contain the street and house number and
the block and lot numbers according to the most current revision of
the township tax map.
c.
The township may refuse to accept any deed or other instrument
for plotting or recording which does not contain the information required
herein.
d.
There shall be a fee of $25 paid to the Township of East Windsor
for the plotting and recording of each deed or other instrument, exclusive
of a filed map, which is evidence of title.
e.
Any person who fails to comply with any of the provisions of
this section shall, upon conviction, be punished by a fine not exceeding
$500.
[Ord. 2001-10]
a.
A Length of Service Awards Program (LOSAP) is hereby created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of East Windsor Volunteer Fire Co. #1, Inc., East Windsor Volunteer
Fire Co. #2, Inc., East Windsor Rescue Squad District 1, Inc., and
East Windsor Rescue Squad District 2, Inc. for their loyal, diligent,
and devoted services to the residents of East Windsor Township
b.
The LOSAP shall provide for a fixed annual contribution to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contribution shall be made in accordance
with a plan that shall be established by the East Windsor Township
Council pursuant to P.L. 1997, c. 388; and that such plan shall be
administered in accordance with the Laws of the State of New Jersey,
the U.S. Internal Revenue Code, and this section.
c.
The LOSAP shall provide for annual contributions of $1,150 to each
eligible member that meets the criteria as follows:
1.
For Volunteer Members of East Windsor Volunteer Fire Co. #1., Inc.
and East Windsor Volunteer Fire Co. #2, Inc. Each active volunteer
member shall be credited with points for volunteer services set forth
below. In order for a volunteer member to qualify for LOSAP, the member
must accumulate 125 points by the end of each calendar year. All elected
or appointed positions listed below require the completion of a full
year's term in order to receive LOSAP points.
|
Emergency Response — 90-point maximum
| ||
|
(a)
|
1 point per call.
| |
|
(b)
|
Minimum of 50 calls for points to count toward LOSAP credit.
| |
|
Drills — 20-point maximum
| ||
|
(a)
|
1 point per squad drill.
| |
|
(b)
|
Minimum of 12 drills for points to count toward LOSAP credit.
| |
|
Training Courses — 15-point maximum
| ||
|
(a)
|
1 point for every 2 hours.
| |
|
(b)
|
Must successfully complete course given by a recognized training
facility for points to count toward LOSAP credit.
| |
|
Company Meetings — 12-point maximum
| ||
|
(a)
|
1 point per meeting.
| |
|
(b)
|
In order to obtain this credit, member must attend the entire
meeting or be excused when responding to an emergency call.
| |
|
Committees — 15-point maximum
| ||
|
(a)
|
10 points for committee chairperson.
| |
|
(b)
|
5 points for committee member.
| |
|
Elected or Appointed Positions — 25-point maximum
| ||
|
(a)
|
25 points for Chief or President.
| |
|
(b)
|
20 points for Deputy Chief, Assistant Chief or Captain.
| |
|
(c)
|
15 points for Lieutenant.
| |
|
(d)
|
20 points for Captain.
| |
|
(e)
|
10 points for Engineers, Vice President, Treasurer, Assistant
Treasurer, Corresponding Secretary, Recording Secretary, or Trustees.
| |
|
(f)
|
5 points for each of the following positions: Safety Officer,
Fire Police (Captain and Lieutenant only), Equipment Officer, Training
Officer (Junior Program), Special Fundraising Board, Sergeant at Arms,
LOSAP Administrator, and Discipline Board (Black Hats only).
| |
|
Miscellaneous Activities — 15-point maximum
| ||
|
(a)
|
1 point per activity.
| |
|
(b)
|
A qualifying activity shall be a Company sponsored event open
to all members.
| |
2.
For Volunteer Members of East Windsor Rescue Squad District 1, Inc.,
and East Windsor Rescue Squad District 2, Inc. Each active volunteer
member shall be credited with points for volunteer services set forth
below. In order for a volunteer member to qualify for LOSAP, the member
must accumulate 100 points by the end of each calendar year. All elected
or appointed positions listed below require the completion of a full
year's term in order to receive LOSAP points.
|
Emergency Response
| ||
|
2 points per 10 calls.
| ||
|
Drills
| ||
|
2 points per squad drill.
| ||
|
Company Meetings
| ||
|
(a)
|
2 points per meeting.
| |
|
(b)
|
In order to obtain this credit, member must attend the entire
meeting or be excused when responding to an emergency call.
| |
|
Elected or Appointed Positions
| ||
|
(a)
|
30 points for President or Chief of Operations.
| |
|
(b)
|
20 points for any other elected position (other than Trustee).
| |
|
(c)
|
5 points for elected Trustee.
| |
|
(d)
|
10 points for any other appointed position (as per by-laws).
| |
|
Special Assignments - 20 points maximum
| ||
|
2 points per squad assignment.
| ||
|
Stand-by Work Detail/Community Education — 40 points maximum
| ||
|
5 points per detail.
| ||
d.
The estimated annual cost of the LOSAP program has been calculated
as follows:
For regular annual services: $85,000 per year.
[1]
Editor's Note: The Length of Service Awards Program
(LOSAP) was approved by the voters at the election of November 6,
2001.
[Ord. 2004-21]
[1]
Editor's Note: Pursuant to Section 7 of Ordinance No. 2004-21,
this section shall take effect April 1, 2005.
a.
Any other provision of law to the contrary notwithstanding,
the municipality or any of its purchasing agents or agencies or those
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, if that entity has solicited or made
any contribution of money, or pledge of a contribution, including
in-kind contributions, to any East Windsor Township candidate or holder
of public office having substantial influence or responsibility for
the award of contracts, or to any municipal or county party committee,
or to any political action committee (PAC) that is organized for the
purpose of promoting or supporting East Windsor Township candidates
or officeholders, in excess of the thresholds specified in paragraph
d of this subsection within one calendar year immediately preceding
the date of the contract or agreement.
b.
No professional business entity which enters into negotiations
for, or agrees to, any contract or agreement with the municipality
or any department 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, to any candidate or holder of the public office
having ultimate responsibility for the award of the contract, or to
any municipal or county party committee, in excess of the limits specified
in paragraph d of this subsection between the time of first communications
between that business entity and the municipality regarding a specific
professional services agreement and the later of the termination of
negotiations or the completion 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
ten percent or more of the equity in the corporation or business trust,
partners, 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 section may annually contribute a maximum of $400
each for any purpose to any candidate for mayor or council, or $400
to any municipal or county party committee, or to a PAC referenced
in this section without violating paragraph a of this subsection.
However, any group of individuals meeting the definition of "professional
business entity" under this section, including such principals, partners,
and officers of the entity of the aggregate, may not annually contribute
for any purpose in excess of $2,500 to all municipal candidates and
officeholders having substantial influence or responsibility for the
award of contracts, and all municipal or county political parties
combined, without violating paragraph b of this subsection.
e.
"Professional Services" shall have the same meaning as set forth
in the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.
f.
The limitations set forth in paragraph d of this subsection
shall not apply in the event the subject contract is offered to the
lowest responsible qualified bidder after public advertising for bids
and quotes, pursuant to the provisions of the competitive contracting
requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1,
et seq.
g.
For purposes of this section, the office that is considered
to have substantial influence or responsibility for the award of any
public contract shall be:
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for mayor or council, or municipal or county party
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.
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 offeror has not made a contribution in violation of subsection 2-36.1 of this section.
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.
a.
A professional business entity or township candidate or officeholder or municipal or county party committee may cure a violation of subsection 2-36.1 of this section if, within 30 days after the general election, the professional business entity notifies the township council in writing and seeks and receives reimbursement of a contribution from the township candidate or municipal or county political party.
b.
A township candidate or officeholder or municipal or county party committee or PAC referenced in this section may cure a violation of subsection 2-36.1 of this section if, within 30 days after the general election, the township candidate or officeholder or municipal or county part committee or PAC notifies the municipal clerk in writing and makes reimbursement of the contribution from the business entity referenced in this section.
a.
All East Windsor 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 subsection 2-36.1c to violate subsection 2-36.1b or to knowingly conceal or misrepresent contributions given or received, or to make or solicit such contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b.
Any professional business entity as defined in subsection 2-36.1c and d 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. 2006-16; Ord. No. 2017-1600]
