This chapter shall be known and may be designated as the "Administrative
Code."
As used in this chapter:
a. CHARTER — Shall mean Council-Manager Form, Plan E (Art. 12A)
of the Optional Municipal Charter Law (N. J. S. A. 40:69A-114. 1 etc.
as amended).
b. DEPARTMENT — Shall mean an organization unit of the government
established or designated by this chapter as a department, and any
agency or instrumentality of the government not allocated or assigned
to such an organization unit.
c. ORDINANCE — Shall mean any and all ordinances of the Township
of Scotch Plains now or hereafter in force and effect.
d. GENERAL LAW — Shall mean statutes which are not inconsistent
with the Charter and either (1) are by their terms applicable or available
to all municipalities, or (2) relate to taxation, local courts, education,
health, public authorities serving more than one municipality, and
municipalities in an unsound financial condition.
e. MANAGER — Shall mean the municipal manager appointed pursuant
to the Charter, or any deputy manager or acting manager temporarily
serving in place of a manager pursuant to charter or ordinance.
f. MUNICIPAL and MUNICIPALITY — Shall mean and refer to the Township
of Scotch Plains in the County of Union.
The existing Township seal shall be continued, said seal being
an elliptical motif with a central Scotch thistle, arrows and feathers
with a stagecoach on the right and cannon on the left and surrounded
by the words "Township of Scotch Plains, County of Union, New Jersey,
Settled 1684."
Whenever under Administrative Code or any other ordinance of
the Township, or any rule, regulation or order duly promulgated by
any officer or agency of the Township by authority of law, an act
of forbearance is prohibited or declared to be unlawful or an offense,
or the doing of any act is required, and no specific penalty is provided
with respect thereto, the violation of any such provision of the ordinance,
rule, regulation or order shall be punishable by imprisonment in the
county jail or in any place provided by the municipality for the detention
of prisoners for any term not exceeding 90 days, or by a fine not
exceeding five hundred ($500. 00) dollars, o] both. In the case of
a continuing violation, each day of violation shall constitute a separate
offense. In the case of a fine imposed upon a corporation, the fine
and costs may be collected in a civil action or in such a manner as
may be provided by law.
[Ord. No. 73-1; Ord. No. 99-28; Ord. No.
4-2000]
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 .
[Ord. No. 73-1 § 2.2; Ord. No. 2017-3]
Part-time elected and appointed officials, specifically including
the Mayor and members of council, shall not be entitled to receive
health benefits from the Township.
On the first day of January in each year the members of the
council will assemble at the usual place of meeting of the governing
body of the municipality and organize and elect one of the councilmen
as Mayor and one as deputy Mayor. The Mayor and deputy Mayor shall
be chosen by ballot by majority vote of all members of the council.
If the members shall be unable within five ballots to be taken within
two days of said organization meeting, to elect a Mayor, then the
member who in the last election for members of the council received
the greatest number of votes shall be the Mayor.
The Mayor shall have only such powers and duties as Mayor as
are expressly vested in him by this chapter. The deputy Mayor shall
act in place of the Mayor in the case of his absence or disability.
The Mayor shall preside at all meetings of the council and shall have
a voice and vote in its proceedings. In the absence of the Mayor,
and the deputy Mayor, the Clerk shall call the council to order and
it shall thereupon elect a temporary Chairman for the time being.
Upon the arrival of the Mayor, the temporary Chairman shall immediately
relinquish the chair upon the conclusion of the business immediately
before the council.
The Mayor shall fill vacancies occurring in the trustees of
the Public Library for such terms of office as are provided by law.
All bonds, notes, deeds, contracts and written obligations of the
municipality shall be executed on its behalf by the Mayor or, in the
event of his inability to act, by the deputy Mayor or such Councilman
as the municipal council shall designate to act as Mayor during his
absence or disability.
a. The council shall meet annually for organization within the first
seven days of January in accordance with State law and the Open Public
Meetings Act. The council shall meet regularly therefore on the second
and fourth Tuesday of each month at 8:00 p.m. and may meet on the
first and third Tuesdays of each month at 8:00 p.m. for conference
meetings, except that the council, may by proper notice under the
Open Public Meetings Act dispense with one or more of the meetings
scheduled or amend the calendar pursuant to the Open Public Meetings
Act when the agenda so dictates. When the time for any regular meeting
of the council falls on a legal holiday as prescribed by law such
meeting shall be held at the same hour within 48 hours of the regularly
scheduled meeting.
b. Special meetings. The Mayor may, at any time, and upon the written
request of any three councilmen, call a meeting. The call for a special
meeting shall specify the purpose of the meeting and no business shall
be transacted at any special meeting other than that specified. The
Mayor's call for a special meeting shall be filed with the Clerk at
least 24 hours prior to the date for which the meeting is called.
The Clerk shall forthwith give notice thereof by telephone or telegraph
to each Councilman, at such place as he shall have previously designated
for that purpose, and shall also serve or cause to be served a written
copy of the call upon each Councilman, by delivery of a copy to him
personally or by the leaving of a copy at his usual place of abode.
The municipal police shall cooperate with the Clerk in effectuating
such service of notice. Upon written waiver of notice executed by
all of the members of the council, a special meeting may be held without
prior notice notwithstanding the above provisions of this section.
c. All regular and special meetings and executive sessions of the council
shall be open to the public. The council may by a majority vote of
those members present exclude the public from a portion of any meeting
where permitted by the Open Public Meetings Act, C.231, P.L. 1975.
The manager, attorney, Clerk, and such other municipal officers and
employees as may be required by general or specific order of the council,
shall attend regular and special meetings of the council.
d. Notice of all meetings shall be provided in accordance with the requirements
of the Open Public Meetings Act, C. 231, P.L. 1975.
The council may convene on the Thursdays prior to each regular
meeting of each month unless changed by a majority vote of the council,
and may meet at any other time in informal session for the preliminary
study of municipal business or to plan for the agendas of its future
meetings.
A majority of all the members elected to the council shall constitute
a quorum at any regular or special meeting of the council, 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 for any
meeting, the Clerk shall adjourn the meeting.
a. Order of business. The business of council at regular meetings, and
so far as applicable at special meetings, shall be taken up for consideration
and disposal of in the following order:
4. Public discussion (30 minutes maximum);
5. Approval of minutes of previous meeting;
6. Opening and reading of bids;
8. Administrative report presented by the manager;
9. Reports of special council committees, administrative officers and
bodies;
10. Hearing upon, adoption or amendment of proposed ordinances on second
reading;
11. Other unfinished business;
13. Proposed ordinances and resolutions;
15. Public discussion in general, written and oral petitions and hearings;
b. Agenda. The agenda for each regular and special meeting of council
shall be prepared by the Clerk. Except for emergency matters which
may be added to the agenda at any time with the approval of the manager,
or council majority, the agenda for each regular meeting of the council
shall include only such matters of council business as have been presented
or delivered to the Clerk by the manager or a Councilman not later
than 12:00 o'clock noon on the Thursday preceding the meeting. As
soon as the agenda for each meeting has been prepared, the Clerk shall
deliver a copy to each Councilman, the manager, and each department
head.
a. Meeting of the council shall, except as herein otherwise provided,
be conducted according to the most recently revised edition of Robert's
Rules of Order.
b. Reading of the minutes. The minutes of the previous meeting of the
council may be approved without the reading if the Clerk has previously
furnished each Councilman with a copy thereof, but upon request of
any Councilman, the minutes or any part thereof shall be read prior
to approval.
c. Presiding officer may debate, vote, etc. The Mayor or such other
member of the council as may be presiding may move, second and debate
from the chair, and may vote on any question, subject only to such
limitations of debate as are by these rules imposed on all members,
and he shall not be deprived of any of the rights and privileges of
a Councilman by reason of his acting as the presiding officer.
d. Privilege of closing debate. The Councilman moving the adoption of
an ordinance or resolution shall have the privilege of closing debate.
e. Motion to reconsider. A motion to reconsider any action taken by
the council may be made only at the meeting at which such action was
taken. It may be made either immediately during the same session,
or at a recessed or adjourned session of such meeting. Such motion
may be made only by Councilman on the prevailing side, but may be
seconded by any member, and may be made at any time and have precedence
over all other motions and it shall be debatable. Nothing herein shall
be construed to prevent any member of the council from making or remaking
at a subsequent meeting of the council any motion previously made
or considered.
f. Remarks of councilmen when entered in minutes. A Councilman may request,
through the presiding officer, the privilege of having an abstract
of his statement on any subject before the council, not exceeding
100 words, entered in the minutes. If the council consents thereto,
such abstract shall be entered in the minutes.
g. Synopsis of debate when entered in minutes. The Clerk may be directed
by the presiding officer, with consent of the council, to enter in
the minutes a synopsis of the discussion on any question coming regularly
before the council.
Any person desiring to address the council shall first seek
to be recognized by the presiding officer, and such person, upon recognition,
shall confine his statement to the order of business prescribed by
this section.
a. Written communications. Under the heading of "Written Communications"
parties affected or their authorized representatives may address the
council in regard to matters then under discussion which are the subject
of such communication.
b. Oral communications. Under the heading of "Oral Communications" tax
payers or residents of the Township or their authorized legal representatives,
may address the council on any matter over which the council have
jurisdiction; provided, however, that preference shall be given to
those persons who may have notified the Clerk in advance, within the
time limited for the preparation of the agenda, of their desire to
be heard.
c. Reading of petitions, etc. Under the heading of "Petitions and Hearing"
in the order of business, interested persons or their authorized representatives
may address the council in regard to matters then under consideration.
d. Addressing the council after motion made. After a motion is made
by a Councilman, no person shall address the council except on request
of the council.
e. Manner of addressing council; time limit. Each person addressing
the council shall, upon recognition by the chair, proceed to the front
of the rail, and give his name and address in an audible tone of voice
for the record. Unless further time is granted by the council, he
shall limit his statement to five minutes. Statements shall be addressed
to the council as a body and not to any member thereof. A Councilman
shall not direct a question to any speaker addressing the council
except through the presiding officer.
a. Ordinances may be introduced and read on the first reading by reading
the title only. Upon the second reading the ordinance may be read
in full or by title only at the discretion of the majority of the
council and in accordance with law. Upon the adoption of any amendment
following second reading, the amended ordinance shall take the course
prescribed by law (R. S. 40:49-2). Copies of each ordinance and resolution,
in printed or typewritten form, bearing a notation by the municipal
attorney as to his approval and to form and sufficiency shall be distributed
by the Clerk to each Councilman prior to introduction, provided that
the failure of the Clerk to make such distribution shall not invalidate
any action taken by the council.
b. Ordinances and resolutions shall be drafted by the municipal attorney
upon the request of the council. Any ordinance or resolution which
affects the administration of any department of the municipal government
shall be submitted to the manager for his review and comment, prior
to its introduction. There shall be appended to the introduced copy
of such an ordinance a statement of the approval or disapproval of
the manager and in the event of its disapproval, the reasons for such
disapproval.
c. An ordinance may be adopted by the council only by the affirmative
vote of at least a majority of all the members of the council. Each
ordinance shall be published by the Clerk, considered and adopted
by the council, and become effective, according to the procedure prescribed
by the Charter. No ordinance other than the local budget ordinance
shall take effect less than 20 days after its final passage by council,
unless permitted by law and provided for in the ordinance.
d. Resolutions, unless laid over by a majority vote of council, shall
be acted upon at the same meeting at which they are introduced.
e. The vote of the council upon every ordinance and resolution shall
be taken by the Mayor by roll call, and the Clerk shall record in
the journal the ayes and nays and not voting, as the case may be on
each question put to a vote.
f. Unless a member of the council who is present states that he is not
voting, the Clerk shall record him as voting in the negative.
The Chief of Police or such member or members of his department as he may designate, shall be sergeant-at-arms of the council meetings and shall be in attendance at council meetings when requested by the Mayor. The sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meetings. Any person making personal, impertinent or slanderous remarks or who shall be come boisterous while addressing the council, may be barred by the presiding officer from further attendance at that meeting of the council, unless permission to continue be granted by a majority vote of the council. Any person who violates the order and decorum of the meeting shall be guilty of an offense punishable as provided in Section
1 of the Administrative Code. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms to place any such person under arrest and cause him to be prosecuted pursuant to law, the complaint to be signed by the presiding officer.
The municipal government shall be organized under the administrative
supervision and direction of the manager, into departments and offices
known and designated as follows:
Department of Law (§ 2-5)
|
Township Attorney
|
Office of the Clerk (§ 2-6)
|
Township Clerk
|
Department of Finance (§ 2-7)
|
Director of Finance
|
Police Department (§ 2-8)
|
Police Chief
|
|
Fire Chief
|
Department of Civil Defense & Disaster Control (§ 2-10)
|
Civil Defense Director
|
Department of Engineering (§ 2-11)
|
Township Engineer
|
Department of Public Property (§ 2-12)
|
Director of Public Property
|
Department of Health (§ 2-13)
|
Director of Department of Health (Health Officer)
|
Additional Offices, Boards and Commissions; Officers and Boards Generally; Transitional Provisions (§ 2-14) Uniform Construction Code Enforcing Agency (§ 2 -21)
|
The municipal manager shall be appointed and may be removed
in accordance with N.J.S.A. 40-69A-93 etc. The manager may designate
a qualified administrative officer of the municipality to perform
the duties of the manager during his temporary absence or disability.
In the event of his failure to make such designation, the council
may by resolution appoint an administrative officer of the municipality
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 municipality. 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. a, Be the chief executive and administrative official of the municipality;
b. Execute all laws and ordinances of the municipality;
c. Appoint and remove a deputy manager if one be authorized by the council,
all department heads and all other officers, subordinates, and assistants
for whose selection or removal no other method is provided in this
chapter, except that he may authorize the head of a department to
appoint and remove subordinates in such department, supervise and
control his appointees, and report all appointments or removals at
the next meeting thereafter of the municipal council.
d. Negotiate contracts for the municipality subject to the approval
of the municipal council, make recommendations concerning the nature
and location of municipal improvements, and execute municipal improvements
as determined by the municipal council;
e. See that all terms and conditions imposed in favor of the municipality
or its inhabitants in any statute, public utility franchise or other
contract are faithfully kept and performed, and upon knowledge of
any violation call the same to the attention of the municipal council;
f. Attend all meetings of the municipal council with the right to take
part in the discussions, but without the right to vote;
g. Recommend to the municipal council for adoption such measures as
he may deem necessary or expedient, keep the council advised of the
financial condition of the municipality, make reports to the council
as requested by it, and at least once a year make an annual report
of his work for the benefit of the council and the public;
h. Investigate at any time the affairs of any officer or department
of the municipality;
i. Perform such other duties as may be required of the municipal manager
by ordinance or resolution of their municipal council.
The municipal manager shall be responsible to the council for
carrying out all policies established by it and for the proper administration
of all affairs of the municipality within the jurisdiction of the
council.
The manager shall:
a. Direct and supervise the administration of all departments of the
municipal government; and be responsible for the maintenance of sound
personnel policies and administrative practices,
b. Approve all bills and vouchers for payment subject to pre-audit and
control as provided herein;
c. Maintain a continuing review and analysis of budget operations, work
programs, and costs of municipal services;
d. Establish working, personnel, vacation and sick leave schedules and
appropriate records and reports;
e. Approve or prescribe the internal organization of each department.
f. Assign and transfer administrative functions, powers and duties among
and within departments, subject to the Charter and administrative
code;
g. Delegate to department heads such of his powers as he may deem necessary
for efficient administration.
[Ord. #73-1, S3.5]
The manager shall:
a. Serve as the personnel officer of the municipality unless and until
the council shall, upon his recommendation, authorize the appointment
of a personnel officer and the establishment of a division of personnel
within the department of finance;
b. Appoint and remove a deputy manager, if one be authorized by the
council, all department heads and all other officers, subordinates
and assistants other than the municipal Clerk, municipal attorney,
Planning Board, zoning board of adjustment, and certain advisory boards,
for whose appointment other provision is made by the Charter or administrative
code. He may delegate to the head of a department the power to appoint
and remove subordinates in such department, supervise and control
his appointees, and report all appointments or removals at the next
meeting thereafter of the municipal council.
[Ord. #73-1, S3.6]
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.
[Ord. #73-1, S3.7]
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 the
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.
[Ord. #73-1, S3.8]
Every municipal officer and employee whose compensations established
on a full-time basis, shall devote his entire time during business
hours to the duties of his office. No officer or employee shall have
any interest, directly or indirectly in any contract job for work
or materials, or the profits thereof, to be furnished to or performed
for the municipality.
[Ord. No. 73-1 § 3.9; Ord. No. 25-2010 § 1; Ord. No. 2015-12]
The municipal manager is the chief purchasing agent for the
Township, unless the council designates another official as a qualified
purchasing agent ("QPA"). All materials, supplies and equipment, work
and labor under contract, required by any department, office or agency
of the municipality shall be purchased by or under the direction and
supervision of the municipal manager with the exception of purchases
made by the library board of trustees and department of parks and
recreation.
a. If the Township elects not to designate the municipal manager or
another official as QPA, the municipal manager is authorized to enter
into (i) goods and services contracts and (ii) professional service
contracts on behalf of the Township which fall below the non-QPA bid
threshold as defined in N.J.S.A. 40A:11-3(a), as such bid threshold
amount shall be fixed at $17,500. For any contract which, in the aggregate,
is less than the non-QPA threshold established by Local Public Contracts
Law, but equal to or more than $2,625, the municipal manager shall
solicit at least two competitive written quotes in accordance with
the provisions of N.J.S.A. 40A:11-6.1. For any purchase less than
$2,625, the municipal manager shall solicit verbal or written quotes
as appropriate.
b. If the Township elects to designate the municipal manager or another
official as QPA in accordance with N.J.S.A. 40A:11-9(b), the designation
shall be authorized by separate resolution of the Township council.
The municipal manager or other OPA may enter into contracts on behalf
of the Township for the performance of any work, or the furnishing
of any materials or supplies, when the total cost of the bid threshold
is less than the QPA bid threshold as defined in N.J.S.A. 40A:11-3(a),
as such bid threshold shall be fixed at $36,000. For any contract
which in the aggregate, is less than the QPA bid threshold established
by the Local Public Contracts Law, but equal to or more than $5,400,
the municipal manager or other QPA shall solicit at least two competitive
written quotes in accordance with the provisions of N.J.S.A. 40A:11-6.1.
For any purchase less than $5,400, the municipal manager or other
QPA shall solicit verbal or written quotes as appropriate.
c. Purchase shall be authorized only upon requisition of a department
head which shall be made to the municipal manager or other QPA at
such times and in such form as the municipal manager or other QPA
may prescribe or approve. Except as the municipal manager or other
QPA may specifically authorize in case of emergency, no purchase shall
be made, and no bill, claim or voucher shall be approved, unless the
procedures prescribed by or pursuant to the administrative code have
been followed.
d. Each department shall purchase, store and distribute all supplies,
material and equipment in accordance with proper and efficient purchasing
methods as prescribed by the municipal manager. The municipal manager
shall establish and enforce the utilization of suitable specifications
and standards for all supplies, materials and equipment to be purchased
for the municipality; shall require that each department inspect deliveries
to determine their quality, quantity and compliance with these specifications
and standards, and shall authorize the acceptance or rejection of
the deliveries in accordance with the results of the inspections.
The municipal manager shall establish controls for any general storerooms
or stockrooms. The municipal manager may make transfers of supplies,
materials and equipment between departments, offices and agencies;
sell surplus, obsolete, unused or waste supplies, materials and equipment,
and make any other sales authorized by the Township council.
No rule or regulation made by any department, officer, agency
or authority of the municipality, except such as relates to the organization
or internal management of the municipal government or a part thereof,
shall take effect until it is filed with the municipal Clerk. The
Clerk shall maintain a current compilation of such rules and regulations,
which shall be available for public inspection in his office during
business hours.
The municipal budget shall be prepared by the municipal manager.
During the month of November in each year, the municipal manager shall
require all department heads to submit requests for appropriations
for the ensuing budget year, and to appear before him at public hearings,
which shall be held during that month, on the various requests.
Upon the basis of the department requests, the budget hearings,
his analysis of the needs and resources of the municipality, 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 municipal budgets. On or before January 15th in
each year, the manager shall present to the council his budget document
consisting of:
a. The recommended budget; and
The budget message shall consist of such explanatory comments,
exhibits, and schedules concerning the budget as the manager may deem
desirable, together with:
a. An outline of the proposed financial policies for the ensuing budget
year, including explanation of the important features of the budget
and of any major changes in policy.
b. 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.
c. A statement of pending capital projects and proposed new capital
projects, relating to 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; and
d. A capital program of proposed capital projects for the budget year
and the next five years, which may be prepared by the municipal Planning
Board, together with his comments thereon and estimates of cost prepared
by the department of engineering.
The manager shall control the expenditure programs of each department
through the application of work programs and periodic allotments of
work programs and periodic allotments of budget appropriations. No
department shall incur any expenditure in excess of the amount so
allotted. Whenever it shall appear to the manager that the amount
appropriated for any department, or for any purpose within a department,
is in excess of the amount required to be expended to provide the
quantity and quality of services authorized by the budget, the manager
may, by administrative order with the approval of the council, reduce
the amount available for expenditure by any department during the
remainder of any year.
[Ord. No. 73-1; Ord. No. 97-2; Ord. No.
97-36; Ord. No. 99-15]
The Township Attorney shall be appointed by the council by a
majority vote of its members and shall serve at the pleasure of the
council for a term not to exceed one year from the first day of January
of the year of his appointment and until his successor has been appointed
and qualified. He shall be an attorney at law of New Jersey. The attorney
shall be paid such salary or retainer as may be agreed upon the authorized
by the council, plus such fees and charges for special work as may
be authorized by the council.
a. The Township Attorney shall represent the Township in all legal matters
and shall advise and assist the council, the manager, and the departments
as required in the administration of Township government. He shall
attend meetings of the council, draft ordinances and resolutions,
and give opinions and rulings on questions of law which may arise
at council meetings.
He shall prepare or approve all legal instruments relating to
the business of the Township. He shall represent the ownership in
any litigation, and conduct trials, appeals and other proceedings
affecting the interest of the Township as he may determine to be necessary
or desirable, subject to the approval of the council.
b. The Township Attorney shall have the following additional duties:
1. Maintain records of all actions, suits, proceedings and matters which
relate to the Township's interest and report thereon from time to
time as the manager or council may require.
2. Have power to enter into any agreement, compromise or settlement
of any litigation in which the Township is involved, subject to the
prior approval of the council.
3. Upon the termination of his service with the Township forthwith surrender
to his successor all Township property, papers and records, together
with written consent to substitution of his successor in any pending
actions or proceedings.
c. Special counsel. The Township Attorney may, with the approval of
the council and within the limits of appropriations available, appoint
special counsel to assist him in the preparation, trial or argument
of any issue, or in such other capacity as may be required. If the
Township Attorney should be disqualified with respect to any matter,
the council may appoint special counsel to represent the Township
for and with respect to such matter, within the limits of available
appropriations.
a. When required for the conduct of matters before the municipal court,
the council may appoint a Township prosecutor who shall serve at the
pleasure of the council for a term not to exceed one year. The Township
prosecutor may also serve as assistant Township Attorney.
b. The prosecutor shall represent the Township in prosecuting cases
before the Township municipal court and shall prosecute appeals to
the county courts from convictions in the municipal court. He shall
receive a retainer as fixed by the council plus such fees as may be
agreed upon by the council.
c. The prosecutor shall be under the supervision of the Attorney General
of the State of New Jersey or the Union County Prosecutor, as applicable,
and may represent the State of New Jersey, County of Union or the
Township in any matter within the jurisdiction of the central municipal
court or any other municipal court, as applicable, as set forth in
N.J.S.A. 2B:12-27.
In addition to the assistant Township Attorney who may also
be the Township prosecutor, there may also be an assistant Township
Attorney to serve when required by the various boards and commissions
of the Township when the regular attorney representing such board
or commission is absent or disqualified for any reason. The assistant
Township Attorney may also be assigned such additional duties as the
Township Attorney may direct.
a. The Township public defender shall be appointed by the council by
a majority vote of its members who shall serve, pursuant to N.J.S.A.
2B:24-1 et seq., for a term not to exceed one year.
b. The public defender shall represent the indigent defendants as determined
by the judge of the municipal court. He or she shall receive a retainer
as fixed by the Township council plus such fees as may be agreed upon
by the council.
c. If the Township public defender is absent or disqualified for any
reason, the judge of the municipal court may temporarily appoint a
qualified attorney to represent the indigent defendant. The attorney
shall be compensated at the same hourly rate as the Township public
defender.
d. Any person applying for representation by the Township public defender
or court-approved counsel shall pay an application fee of $200. The
municipal court may waive the fee, in whole or in part, only if the
court determines, in its discretion, upon a clear and convincing showing
by the applicant that the fee represents an unreasonable burden on
the person. The municipal court may permit a person to pay the application
fee over a specific period of time not to exceed four months.
[Ord. No. 73-1; Ord. No. 4-2010]
There shall be an office of the Clerk, the head of which shall
be the municipal Clerk. The municipal 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 one year, and shall receive such compensation as shall
be provided by ordinance. There shall also be a deputy Clerk, appointed
by the manager, to fulfill functions, duties and responsibilities
of the municipal Clerk in his absence or disability.
The Clerk shall serve as Clerk of the council and as secretary
of any special legislative committees of the council appointed pursuant
to N.J.S.A. 40:69A-1 through 210 as amended. He shall attend all meetings
of the council and of such committees when required by the Chairman
thereof, and shall keep the minutes of the proceedings of the council
and of such committees. The minutes of each meeting of the council
shall be signed by the officer presiding at the meeting and by the
Clerk and submitted for approval at the next agenda session prior
to the next public meeting.
a. The Clerk shall engross all ordinances and all resolutions of a permanent
character in books to be provided for that purpose. After each ordinance
he shall also engross and certify the proof of publication thereof
as required by law. Each ordinance and resolution so engrossed shall
be signed by the Mayor and the Clerk who shall attest that it was
duly adopted upon a date stated, and when so signed the engrossed
copy shall be deemed to be a public record of the ordinance or resolution.
Any omission by the Clerk or the Mayor to engross, sign or certify
as herein required shall not impair or affect the validity of any
ordinance which has been duly adopted.
b. At the close of each year, the Clerk, with the advice and assistance
of the municipal attorney, shall bind, compile or codify all the ordinances
and resolutions, or true copies thereof, which then remain in force
and effect. He shall also properly index the record books, compilation
or codification of ordinances and resolutions.
The Clerk shall have custody of and shall keep all records,
books and documents of the Township, except those committed by charter
or ordinance to any other office or transferred thereto by the manager.
He shall, upon request and upon 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, described in §
2-1 of the administrative code 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 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 of 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 Clerk, subject to the supervision of the manager, shall:
a. Be the depository 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 municipality may be a party;
b. Have custody of all leases of property owned by the Township;
c. Be the depository for and have custody of all performance bonds running
to the Township as obligee, or any other form of security, given by
any contract or subdivision developer or other persons on account
of work done or to be done in or for the Township.
d. Report to the manager annually, at such time as the manager 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.
The Township Clerk is hereby delegated the authority to approve
the granting of raffle and bingo license within the Township of Scotch
Plains.
In addition to such other functions, powers and duties as may
be prescribed by the Charter and ordinances and subject to the supervision
and direction of the manager, the Clerk shall:
a. Perform all of the functions required by 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;
c. Issue such licenses as may be authorized by the council pursuant
to the State Alcoholic Beverage Control Law (R.S. 33:1-1 et seq.)
and the ordinances of the Township;
d. Have such other different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
manager.
[Ord. No. 73-1; Ord. No. 89-14; Ord. No.
8-2010; Ord. No. 17-2010]
There shall be a department of finance, the head of which shall
be the Chief Financial Officer. He/she shall be appointed by the manager
and prior to his/her appointment, shall be qualified by training and
experience in municipal budgeting, accounting and finance. He/she
shall receive such compensation annually as shall be provided by ordinance.
Unless and until the council shall by resolution authorize the appointment
of a separate director, the manager shall serve as Chief Financial
Officer without additional compensation. In addition, said Chief Financial
Officer shall be qualified for said appointment pursuant to Chapter
110 of the Laws of New Jersey, 1988.
The Chief Financial Officer, subject to the direction and supervision
of the manager, shall:
a. Serve as the Chief Financial Officer of the municipality;
b. Supervise the work of the department and its divisions; and
c. Through the divisions established by this section and other-wise,
subject to the requirements of the State Division of Local Government
and of the Charter and administrative code, he/she shall be responsible
for the accounting, pre-auditing and control of all municipal revenues
and expenditures; for the custody, receipt and disbursement of municipal
funds, for the safety and investment of the Township's investments,
the management of the Township's debt; the development of financial
policies for recommendation to the manager; and the safe-guarding
of the Township's financial interests to the fullest extent.
The Chief Financial Officer shall:
a. Compile the current expense estimates for the budget for the manager
and council.
b. Compile the capital estimates for the budget for the manager and
council.
c. Supervise and be responsible for the disbursements of all moneys
and have control over all expenditures to ensure that budget appropriations
are not exceeded.
d. Establish and maintain a general accounting system for the municipal
government and each of its offices, departments and agencies; keep
books for and exercise financial budgetary control over each office,
department and agency; keep separate accounts for the items of appropriation
contained in the budget, each of which accounts shall show the amount
of appropriation, the amounts paid therefrom, the unpaid obligations
against it and the unencumbered balance; require re-ports of receipts
and disbursements from each receiving and spending agency of the municipal
government to be made daily or at such intervals as he may deem expedient.
e. Supervise and be responsible for the purchase, storage and distribution
of all supplies, materials, equipment and other articles used by an
office, department or agency of the municipal government, whenever
the manager shall transfer this power to the Chief Financial Officer.
f. Submit to the council through the manager a monthly statement of
all receipts and disbursements in sufficient detail to show the exact
financial condition of the municipality.
g. Prepare for the manager and council as of the end of each fiscal
year, a complete financial statement and report.
The department of finance, until otherwise directed by the manager,
shall be comprised of the following divisions with such functions,
powers and duties as are prescribed by the administrative code;
c. Divisions of Tax Collection.
The head of the Division of the Treasury shall be the treasurer.
Unless and until the manager shall authorize the appointment of a
separate treasurer, the Chief Financial Officer shall serve as treasurer
without additional compensation. Whenever the manager shall authorize
the appointment of a separate treasurer, he/she shall be appointed
by the manager and prior to his/her appointment he/she shall be qualified
by training and experience in governmental accounting, budget operation
and budget controls.
The Treasurer shall:
a. Be responsible for the receipt of and have custody of all Township
funds and investments, and except as otherwise provided by general
law or ordinance, he shall have custody of Township bonds and notes
for transfer, registration or exchange;
b. Render regular accountings of receipts and disbursements in such
form and at such intervals as shall be required by the Chief Financial
Officer or by the manager;
c. Control all expenditures to assure that budget appropriations are not exceeded. Such control shall be exercised by pre-auditing all bills, claims and demands against the Township and disbursing funds from the Township treasury in accordance with the provisions of Subsection
2-7.10.
d. Examine, whenever he deems it necessary to aid him in his duty to
render accounts, the records, books or documents of any Township official.
e. Whenever the manager shall transfer the purchasing power to the treasurer, as provided in Subsection
2-3.9 a., the treasurer shall perform the duties as prescribed in §
2-3.9.
Within the division of the treasury there shall be a secretary
of accounts who prior to his appointment shall be qualified by training
and experience in bookkeeping. If the manager appoints a separate
treasurer, the manager may also direct that the treasurer perform
the duties of the secretary of accounts.
The secretary of accounts shall:
a. Maintain central books of account of the Township government according
to such forms, standards and procedures as shall be prescribed or
approved by the Chief Financial Officer. Such books of accounts shall
contain separate accounts for items of appropriation contained in
the budget, each of which accounts shall show the amount of obligations
against line items of the budget, and the unencumbered balance;
b. Maintain a central payroll system, prepare payrolls, including social
security, pension and insurance records required for Township personnel;
c. Prepare and pre-audit, in accordance with Subsection
2-7.10, all warrant checks or instruments of payment drawn against Township funds;
d. Receive funds collected by the Tax Collector and cashier and deposit
Township funds in such depositories as may be designated by resolution
of the council;
e. The secretary of accounts shall make payments of funds for public
school use only on warrant signed by the President and secretary of
the Board of education pursuant to an order or resolution passed by
the Board of education;
f. Perform such other duties as may be delegated by the Chief Financial
Officer or the treasurer.
a. Prior to payment of any bill, claim or demand against the Township,
a department head or the presiding held of any agency of the Township
shall submit to the secretary of accounts a voucher which shall give
the name and address of the payee, describe by job reference, the
materials, supplies or equipment received and/or the work, labor or
services performed. The department head or presiding head shall certify
on the voucher that the materials, supplies, or equipment have been
received according to the purchase order or that the work, labor or
services have been rendered according to order or contract.
b. Upon receipt of such duly certified voucher the secretary of accounts
shall pre-audit each disbursement and certify that there is an unencumbered
balance of appropriation and available funds.
c. The secretary of accounts shall then prepare an appropriate warrant
check or instrument for payment. Every warrant check shall be payable
to the order of the payee entitled to receive it, and shall specify
the purpose for which it is drawn and the account or appropriation
to which it is chargeable.
d. Until such time as the manager shall authorize the appointment of
a separate treasurer, each warrant check shall require and bear the
signature of the Chief Financial Officer and the secretary of accounts.
Whenever the Chief Financial Officer shall no longer serve as treasurer,
and a separate treasurer shall be appointed, each warrant check shall
require and bear the signature of the Chief Financial Officer and
the treasurer.
Within the division of the treasury there may be a central cashier who shall prior to his appointment be qualified by training and experience in bookkeeping. All cash receipts of the Township government shall be received and accounted for by the cashier, except fines imposed for traffic violations, other fines imposed in municipal court and revenues payable to the Tax Collector as provided in Subsection
2-7.12.
The cashier shall:
a. Maintain accounts of all receipts in such form as prescribed and
approved by the Chief Financial Officer, which accounts shall classify
and describe the various types of revenues.
b. Issue receipts which shall indicate the amount of payment, the nature
of the fee or charge and the date payment is received.
c. Transfer daily funds received to the secretary of accounts for deposit.
The head of the division of assessments shall be the municipal
Assessor who shall be appointed by the manager according to law. He
shall prior to his appointment be qualified by training and experience
in municipal taxation, and the valuation and assessment of property
for the purpose of ad valorem taxation. He shall, with the assistance
of such personnel as may be authorized by ordinance:
a. Value all real and personal property in the Township for the purpose
of assessment and taxation in accordance with general law, the Charter
and ordinances and exercise all the powers of a municipal Assessor
pursuant to law;
b. Prepare the tax list and duplicate as required by law, and maintain
adequate records of each and every parcel of real property assessed
or exempted;
c. Have custody of and maintain an up-to-date Township Tax Map and provide
for the recording thereon of changes in ownership or character of
the property;
d. Make appraisals of property for any municipal purpose upon the direction
of the manager.
There shall be a board of assessments for local improvements,
within the division of assessments. The Board shall consist of three
members and shall be appointed by the council pursuant to R. S. 40:56-1
et seq. The Board shall have the powers and duties and shall follow
the procedures prescribed by that statute.
The head of the division of tax collection shall be the Tax
Collector, who shall be appointed by the manager according to law
and who may also be the treasurer.
The Tax Collector shall:
a. Receive and collect all current and delinquent real and personal
property taxes, charge and receive penalties and interest as provided
by general law.
b. Maintain an up-to-date record of municipal tax charges, liens and
payments with reference to the Tax Map and lot and block numbers,
recording thereon all changes in ownership, address or character of
property.
c. Prepare and mail tax bills.
d. Keep accounts of all tax collections In such form and manner as may
be prescribed or approved by the Chief Financial Officer and the Township
auditor.
e. Transfer daily to the secretary of accounts for deposit, all funds
received in payment of Township taxes, interest, penalties or fees.
f. Make and certify searches for tax and other liens on real property
in the Township, and charge and collect fees therefor.
1. The Tax Collector shall provide to any party entitled to redeem a
tax sale certificate pursuant to N.J.S.A. 54:5-54 two calculations
of the amount required for redemption within a calendar year at no
cost. The Tax Collector shall charge a fee of $50 for each subsequent
calculation requested within a calendar year. A request for a redemption
calculation shall be made in writing to the Tax Collector.
2. The Tax Collector shall charge to a lien holder a fee of $50 for
the calculation of the amount due to redeem a tax lien. Any requests
for a redemption calculation shall specify the date to be used for
the calculation, which shall be the date of the notice. Neither the
Tax Collector nor the Township shall be liable for an incorrect calculation.
The fee paid to the Township by the lien holder shall not become a
part of the lien and shall not be passed on to any party entitled
to redeem the lien.
g. Make such periodic reports and accountings of revenues and delinquent
taxes as the Chief Financial Officer may require Such reports and
accountings shall be filed as a public record with the Township Clerk.
h. Enforce collection of delinquent taxes by conducting timely sale
of properties in accordance with statutes governing foreclosure of
municipal tax liens and the holding of municipal tax sales.
i. Perform other functions and duties of a collector of taxes as provided
by general law.
a. The purpose and intent of these regulations is to abide by the requirements
of N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq., governing
electronic disbursement controls for payroll purposes.
b. Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
APPROVAL OFFICER
Shall mean person within the Township responsible for authorizing
and supervising the activities of the payroll service.
PAYROLL SERVICE
Shall mean a third-party payroll service organization or
entity.
TOWNSHIP
Shall mean the Township of Scotch Plains.
a. The Township is authorized to use a payroll service to prepare payment
documentation, take possession of Township funds, and make such disbursements
itself on behalf of the Township.
b. The following payroll service providers shall be required to comply
with these regulations:
1. Payroll service providers who use their own customized programming
process to execute disbursements for the Township; and
2. Payroll service providers who use a third-party processor to execute
disbursements for the Township.
a. The appointment of a payroll service shall be made pursuant to the
Local Public Contracts Law, see N.J.S.A. 40A:11-1 et seq. and shall
require the payroll service to perform the following services, not
by way of limitation: data collection, agency report preparation,
calculation of withholding, direct deposit of payroll disbursements,
and/or transfer of Township funds to the payroll service provider's
account for subsequent disbursement of payment.
b. Any renewal or extension of a contract under these regulations shall
be by resolution of the Township council.
c. The Chief Financial Officer is hereby appointed the approval officer
and is responsible for authorizing and supervising the activities
of the payroll service and shall further be charged with the reconciliation
and analysis of all general ledger accounts affected by the activities
of the disbursing organization.
d. If required by the contract between the Township and the payroll
service, the payroll service is permitted to hold Township funds pending
transmittal to a payee.
a. A payroll service must meet all of the following requirements:
1. Report any irregularities that may indicate potential fraud, noncompliance
with appropriate laws, dishonesty or gross incompetence on the part
of the approval officer;
2. Report circumstances that could jeopardize its ability to continue
operation or otherwise interrupt the services provided to the Township.
b. A payroll service must meet the requirements of N.J.A.C. 5:30-17.5,
requiring that the approval officer be assured that the payroll service
has its own internal controls and will appropriately guard against
theft and other adverse conditions.
c. All contracts entered into pursuant to these regulations and the
laws authorizing the same shall comply with the requirements of N.J.A.C.
5:30-17.6, which sets out a series of mandatory contractual terms
and conditions.
Upon the adoption of these regulations, the Township manager,
with the assistance of the Chief Financial Officer and Township Attorney,
as necessary, is hereby authorized and directed to enter into a contract
for payroll services in accordance with all local public contracting
laws and N.J.A.C. 5:30-17. Appointment of the payroll service shall
be by separate resolution of the Township council.
There shall be a police department, the head of which shall
be the Police Chief who shall be appointed by the manager. He shall
be responsible for the proper and efficient conduct of the police
department and the direction and supervision of the police force.
The police force shall be organized, constituted, and administered
as heretofore established by ordinance to the extent any such ordinance
is not inconsistent with the N.J.S.A. 40:69A-l etc. and Code.
The fire department heretofore established by ordinance is continued,
subject to general laws and ordinances relating to a municipal fire
department. The head of the department shall be the Fire Chief.
The fire department shall provide protection against loss of
life and property by fire or disaster. To this end, it shall:
a. Maintain and operate fire houses and fire-fighting equipment;
b. Administer a fire prevention bureau which will provide for regular
inspections for violations of fire laws;
c. Inspect buildings and other risks within the Township on a regular
schedule;
d. Enforce all general laws, ordinances and fire regulations, and issue
permits as authorized or required thereby;
e. Maintain its equipment and fire department quarters; and
f. Cooperate with other departments in time of need or emergency.
The Fire Marshal shall be appointed by the manager for one year.
He may be the chief of the fire department. His functions are:
a. To coordinate the joint efforts of the Township fire companies;
b. To coordinate the administrative procedures of the fire companies;
c. To investigate the needs of the companies and during the month of
November of each year submit to the manager requests for appropriations
for the ensuing budget year;
d. To make recommendations to the manager for legislative measures in
connection with fire prevention and other matters relating to fire
fighting.
The members of the bureau shall be appointed by the Fire Marshal
with the consent of the Fire Chief. The functions of the bureau are:
a. Regular inspections for violations of fire laws ordinances and fire
risks;
b. Report violations of fire laws and ordinances to the Fire Chief.
[Ord. No. 2017-23; amended 2-16-2021 by Ord. No. 2021-3]
The Emergency Management Coordinator shall, pursuant to New
Jersey Revised Statutes § App A:9-40.1, be a resident of
the Township and shall be appointed by the Township Manager. Subject
to fulfilling the requirements of this section, the Emergency Management
Coordinator shall serve a term of three years.
[Ord. No. 2017-23]
As a condition of appointment and continued service for the
full term of appointment, the Emergency Management Coordinator shall
have successfully completed, at the time of the appointment, or within
one year immediately following appointment, the current approved Home
Study Course and the Basic Emergency Management Workshop. The failure
of the Emergency Management Coordinator to fulfill such requirement
within the period prescribed shall disqualify the Coordinator from
continuing in office and thereupon a vacancy in said office shall
be deemed to have been created.
[Ord. No. 2017-23; 2-16-2021 by Ord. No. 2021-3]
The Governor may remove the Emergency Management Coordinator
at any time for cause. In such an event, the Township Manager shall
appoint a new Emergency Management Coordinator with the approval of
the Governor. If the Township Manager shall not appoint an Emergency
Management Coordinator within ten days after such office becomes vacant,
the Governor may appoint a temporary Municipal Emergency Management
Coordinator who shall serve and perform all the duties of that office
until such time as a new Emergency Management Coordinator shall be
appointed by the Township Manager, with the approval of the Governor.
[Ord. No. 2017-23]
The Emergency Management Coordinator shall be responsible for
the planning, activating, coordination and conduct of emergency management
operations within the Township. Whenever, in the Emergency Management
Coordinator's opinion, a disaster has occurred or is imminent in the
Township of Scotch Plains, the Emergency Management Coordinator shall
proclaim a state of local disaster emergency within the municipality.
In accordance with regulations promulgated by the State Director of
Emergency Management, the Emergency Management Coordinator shall be
empowered to issue and enforce such orders as may be necessary to
implement and carry out emergency management operations and to protect
the health, safety and resources of the residents of the Township.
The Emergency Management Coordinator shall be subject, in the performance
of his/her duties, only to the rules and regulations and orders of
the Township and shall report directly to the Township Manager.
[Ord. No. 2017-23; 2-16-2021 by Ord. No. 2021-3]
The Emergency Management Coordinator shall appoint Deputy Emergency
Management Coordinator(s) in consultation and with the approval of
the Township Manager. Such Deputies shall, whenever possible, be appointed
from among the salaried officers or employees of the municipality.
Deputy Emergency Management Coordinators shall be appointed to a term
of one year.
[Ord. No. 2017-23]
The Emergency Management Coordinator shall receive such compensation
as the Township Manager may fix from time to time as provided by ordinance.
[Ord. No. 2017-23; 2-16-2021 by Ord. No. 2021-3]
There is hereby created a Local Emergency Council within the
Township of Scotch Plains. Said Council shall be composed of no more
than 15 members from the community who are recommended by the Emergency
Management Coordinator and appointed by the Township Manager with
the advice and consent of the Township Council. The members of the
Local Emergency Council shall serve at the pleasure of the Township
Manager. The Emergency Management Coordinator shall be a member and
serve as the Chairman of said Council. The Council shall assist the
Office of the Emergency Management by annually reviewing the Township's
Emergency Operations Plan and assist in identifying local volunteer
agencies needed to meet the requirements of all local emergency management
activities in accordance with the rules and regulations established
by the Governor in pursuance of the provisions of the Emergency Management
Act and it shall operate in accordance with New Jersey Revised Statutes
§ App A:9-41.
[Ord. No. 73-1; New; Ord. No. 80-24]
There shall be a department of engineering, the head of which
shall be the Township Engineer who shall be appointed by the manager
and who shall be a duly licensed civil engineer of the State of New
Jersey and shall perform such duties as are prescribed by general
law and ordinance. The manager may also appoint an assistant Township
Engineer who shall be a duly licensed civil engineer of the State
of New Jersey. The Township Engineer shall:
a. Prepare or cause to be prepared plans, designs, and specifications
for all public improvements undertaken by the Township either by Township
personnel or by public contract, and provide the required inspection
and approval of the installed improvements.
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 the required consultation for the Planning Board and board
of adjustment by reviewing all major and minor subdivision and site
plan submissions. Provide the required inspection and recommend approval
of the improvements for said subdivisions and/or site plans.
d. Provide technical and engineering advice and assistance to other
Township departments, boards, agencies and the municipal council as
needed.
e. Issue pending assessment searches for improvements in the Township
(Ch. 269 P.L. 1946, Title 3A).
f. Issue certificates as to approval of land subdivisions by the Planning
Board of the Township, pursuant to the Municipal Land Use Law, R.S.
40:55D-56.
g. Such other duties as shall be from time to time designated by the
manager.
i. Assist in the preparation of a five year capital improvement program
for the Township.
All papers, documents, memoranda, reports and other materials
relating to the administration of engineering duties of the Township
Engineer shall be and remain the property of the Township. Upon termination
of his services with the Township, the Township Engineer shall forthwith
surrender to any successor all such property.
There shall be a department of public property, the head of
which shall be the director of public property who shall be appointed
by the manager and who shall be qualified by training and experience.
Included as his duties he shall:
a. Operate, maintain, repair and provide custodial and janitorial services
for all Township owned buildings and properties, except the Township
library.
b. Trim, plant, care for and preserve public grounds and trees, except
the municipal golf course and parks.
c. Maintain and repair all Township streets, bridges, culverts and drains.
d. Construct and reconstruct streets, roads, bridges, culverts and drains;
treat road surfaces and resurface streets and roads according to such
standards as may be directed or approved by the Township Engineer.
e. Maintain all Township streets in a clean and safe condition, free
of obstructions and hazards, and remove snow and ice therefrom as
required.
f. Install, repair and maintain street and traffic signs .
g. Maintain and repair all pumping stations and meter pits and all sanitary
and storm sewers.
[Ord. No. 75-31; Ord. No. 80-28; Ord. No.
94-1]
There shall be a department of health under the direction and
control of a licensed health officer, who shall also be known as the
director of the department of health. He shall be appointed by the
Township manager. The Township manager may employ such personnel in
the department of health as he may deem necessary including but not
limited to Plumbing Inspectors, sanitarian and registrar of vital
statistics. The Township manager shall fix the duties of any such
employee of the department of health. The compensation of every such
employee of the department of health shall be filled by the Township
council.
a. The Township health officer shall have and perform all the powers
and duties prescribed by applicable general law and ordinances of
the Township. He shall be responsible for the enforcement of all State
health statutes, regulations of the State Sanitary Code, health ordinances
of the Township and all rules and orders of the Township council with
regard to health in the Township of Scotch Plains and the department
of health.
b. In addition to his other duties and powers, the Township health officer
shall have the following duties and powers:
1. He shall
be in charge of all health programs and activities of the Township.
He shall be responsible for the efficient upkeep and maintenance of
all health department equipment and facilities.
2. He may assign employees of the department of health to any work or
position therein, consistent with such employees' qualifications and
licenses, as provided by law. He shall report to the Township manager,
at such times as he may require, any information concerning the department
in its work as the Township manager deems pertinent. He shall, annually,
on a date fixed by the Township manager, render him a full report
of the activities and operation of the department for the preceding
year. Subject to the authority of the Township manager, the Township
health officer may prescribe such rules and regulations as he deems
necessary or expedient for the proper conduct of the health department,
and for the operation and use of the department's equipment and facilities.
When health emergencies develop, he shall take such emergency steps
as circumstances may warrant, consistent with law, ordinances and
administrative regulations.
3. He shall be responsible to the Township manager for the proper custody
and preservation of books, papers, records and the property under
his control. He shall be answerable to the Township manager for the
faithful performance of his duties.
4. He shall administer the work of the department of health in accordance
with the policies established or approved by the Township council
and shall create and supervise an efficient, administrative organization
for the department.
5. He may conduct studies of local conditions and needs affecting health
for the purpose of developing immediate and long range plans to meet
these needs and to prepare potential programs for the consideration
of the Township council. He shall also keep informed of the recent
developments in the health field through reading public health journals
and other publications, and through attendance at appropriate meetings,
conferences and educational sessions.
6. He may promote the health program through the use of volunteers and
staff workers, and may establish and promote cooperative planning
and working relationship with other community and local agencies.
7. He may expend departmental funds in accordance with budget appropriations
and ordinances and Township accounting procedures.
8. He shall prepare budget estimates and submit same to the Township
manager.
9. He shall attend caucus and public meetings of the Township council
if requested to do so by the manager.
The Township council may adopt rules, regulations or ordinances
concerning health in the Township consistent with the laws of the
State or the State Sanitary Code.
The manager shall not appoint any person as health officer,
sanitary inspector, public health laboratory technician, food and
drug inspector, milk inspector, meat inspector or Plumbing Inspector
nor employ a person to do work ordinarily performed by a health officer,
public health laboratory technician or inspector of any of the classes
above named who is not the holder of a proper license as such.
Nothing herein contained shall be construed to repeal any prior
ordinance passed by the presently existing or any past existing board
of health. All such ordinances are hereby specifically saved from
repeal and are in full force and effect.
a. There is hereby established a health advisory board within the department
of health. Such board shall consist of seven members, at least two
of whom shall be physicians or persons employed in medically related
professions.
b. The health advisory board shall advise and consult with the health
officer with respect to matters of public health and the planning
of programs and facilities for public health within the Township and
may make recommendations with respect thereto to the health officer,
municipal manager, and Mayor and council.
c. The Township council shall appoint the Board members and each member
shall serve a term of three years, except that for the members first
appointed, the Township council shall designate the appointees' terms
so that two shall be appointed for a term of one year, two for a term
of two years, and three for a term of three years. At the expiration
of such terms, and thereafter, appointments shall be made for terms
of three years. Vacancies shall be filled for the unexpired term.
d. The Township council shall also appoint an alternate member for a
term of three years. Said alternate member may participate in all
meetings of the Board, and will have the authority to vote when a
regular member is absent. When an official vote is called for by the
chairperson of the Board, and a regular member is absent the alternate
member will be designated as a voting member by the chair-person prior
to any vote.
e. The members shall serve without compensation.
[Ord. No. 72-13; Ord. No. 73-1; New]
See Chapter
19, Land Use Procedures, §
19-1.
See Chapter
19, Land Use Procedures, §
19-2.
The municipal court as heretofore constituted and empowered
pursuant to ordinance and general law is continued and the municipal
court judge shall be appointed by the council for a term of three
years as prescribed by law. The court Clerk and violations Clerk are
hereby continued pursuant to general law and municipal ordinance.
The juvenile conference committee as heretofore requested by
resolution and appointed is continued with the functions, powers and
duties prescribed by general law.
The local assistance board heretofore created is continued with
the functions, powers and duties prescribed by general law and the
provisions of R.S. 44: 8-114 et seq., as amended and supplemented.
The Board shall be constituted of three members, at least one of whom
shall be a woman and not more than one of whom may be member of council,
appointed by the manager for a term of two years. The Board shall
appoint a welfare director pursuant to law.
In addition to such offices and boards as are provided by this
section, there shall be such advisory boards and committees as are
otherwise constituted and empowered by general law.
The manager shall appoint and may remove such technical, professional
and clerical personnel as may be required for the administration of
any office, board or commission referred to in this section, in accordance
with law. Insofar as practicable, staff services for such office,
board or commission shall be provided by full time Township employees.
[Ord. #73-1, S13.8]
The library trustees heretofore appointed are continued with
the functions, powers and duties prescribed by general law and the
provisions of R.S. 40:54-9 as amended. The Board shall consist of
seven members; the Mayor shall appoint five members, at least four
of whom shall be Township residents, and the Mayor and the superintendent
of schools shall comprise the other two members. The Mayor and the
superintendent of schools have the prerogative of appointing an alternate
to serve in their stead.
[Ord. #73-1, S13.10; Ord. No. 2015-2 § 1; Ord. No. 2015-9]
The recreation commission heretofore created is continued with
the functions, powers and duties prescribed by general law and the
provisions of R.S. 40:12-1. It shall consist of seven members appointed
by the manager for five year terms with the recreation director to
be appointed by the recreation commission.
a. Preamble. There exists along the Green Brook and its tributaries
certain problems of flooding and flood prevention which concern several
municipalities and three counties, as well as other governmental bodies;
and the various governmental units effected by such drainage basin
recognize the need for cooperative efforts to prevent future floods
and to alleviate flooding and flood hazards; and Chapter 316, P. L.
1971, authorizes the establishment of a joint flood control commission
and provides that the participating municipalities and counties may
enter into such a commission and may define and limit the area of
responsibility and authority of such a commission, and may set forth
the terms under which appropriations shall be made by the participating
municipalities and counties.
b. The Township of Scotch Plains in the County of Union and State of
New Jersey, agrees to participate in the creation of and operations
of the Green Brook Flood Control Commission, pursuant to Chapter 316,
P. L. 1971, as follows:
1. The municipalities and counties invited to participate in the commission
are: Borough of Bound Brook, Township of Bridgewater, Borough of Dunellen,
Township of Green Brook, Borough of Middlesex, Borough of North Plainfield,
City of Plainfield, Township of Scotch Plains, and the Borough of
Watchung, and the County of Middlesex, County of Somerset, and County
of Union.
2. The Green Brook Flood Control Commission shall be established in
accordance with Chapter 316, P.L. 1971 of the State of New Jersey.
3. The Green Brook Flood Control Commission shall:
(a)
Collect, study and analyze data on flooding, past floods and
the causes of floods in the area;
(b)
Make such data and studies available to the participating members,
to the Division of Water Policy and Supply, the Army Corps of Engineers,
local and County Planning Boards and officials concerned with subdivisions
and development of properties within the floodway and drainage areas;
(c)
Keep itself informed as to the availability of State and Federal
funds and grants, and the procedures for applying therefor, and shall
make such information available to participating members;
(d)
Coordinate the activities of the participating members relating
to flooding, flood prevention, brook cleaning and the like;
(e)
Encourage the acquisition of lands within the floodway and low-lying
areas, by appropriate County Park Commissions, counties or participating
municipalities;
(f)
Publicize methods of flood control and flood prevention;
(g)
Encourage its participating members, and others, to adopt appropriate
ordinances and regulations relating to flood control;
(h)
Encourage its participating members to support other programs
designed or intended to alleviate flooding;
(i)
Perform such other acts and fulfill such other functions as
may be permitted by law and as determined by the members, subject
to the limitations in this Agreement and subject to the limitations
as set forth in said Chapter 316, P. L. 1971;
4. Appropriations.
(a)
The general, administrative and other expenses of the commission,
affecting the commission as a whole, shall be apportioned among the
members as follows:
(1)
One-fourth thereof to be apportioned among the member counties
as follows: Middlesex County 4.2%, Somerset County 12.5% and Union
County 8.3%.
(2)
Three-fourths thereof to be apportioned among the member municipalities,
according to a formula taking into account population and frontage
along the brook, and resulting in the following: Bound Brook 3.65%,
Bridgewater 8.75%, Dunellen 2.95%, Green Brook Township 6.0%, Middlesex
Borough 9.65%, North Plainfield 11.05%, Plainfield 17.95%, Scotch
Plains 7.05%, and Watchung 7.95%. In the event any of the foregoing
municipalities do not join, the formula used to obtain the foregoing
percentages shall be re-applied to determine the apportionment among
the remaining and participating municipalities.
(b)
Whenever a specific project is to be undertaken, involving less
than the interests of all of the participating members, or of special
benefit to less than all of the participating members, the apportionment
of the costs thereof shall be agreed upon by the participating members
specially benefited thereby in advance of authorization of such project.
(c)
The apportionments set forth herein may be changed by agreement
among the participating municipalities and counties, provided however,
that there shall be no increase in the percentage to be contributed
by any participant in the expenses set forth in subparagraph (a) above,
without the consent of the governing body of such participating members.
5. Budget. The tentative annual budget for the commission shall be adopted
by the commission no later than January 15th of each year, and such
adoption shall be by a vote of at least three county representatives,
(regardless of the total number of counties represented thereby),
and at least nine municipal representatives, (regardless of the total
number of municipalities represented thereby). A copy of such tentative
budget shall be sent to the governing body of each of the participating
counties and municipalities within one week of the adoption thereof.
Such notice shall include notification of the date fixed by the commission
for final adoption of such budget, which shall be at least three weeks
after the date of tentative adoption by the commission.
Expenditures outside the regular budget for special projects
involving two or more of the participating member counties or municipalities
(but less than the entire commission) shall be negotiated and arranged
separately among the involved participating members and the commission.
6. Quorum. Any number of members of the commission shall have the right
to meet at regularly scheduled meetings. Any action taken involving
the expenditure of funds, other than clerical and mailing connected
with the usual business of the commission, shall be adopted only at
a meeting at which there are at least three county representatives
(regardless of the total number of counties represented thereby),
and at least nine municipal representatives (regardless of the total
number of municipalities represented thereby).
7. Withdrawal. Each member municipality and county reserves the right,
pursuant to Section 2d of said Chapter 316, Laws of 1971, to withdraw
from the commission, provided, however, that at least 90 days notice
of such intention is given to the commission, and provided, further,
that such withdrawal after the adoption of the commission budget for
a given year shall not abrogate the responsibility of the municipality
or county to meet its obligations under the budget for such year .
8. The Township council shall appoint two representatives to the commission,
one of whom may be a Councilman, an appointed officer of the Township,
or a member of the Planning Board or board of adjustment, and the
other of whom shall hold no other public office or position.
9. In addition to the aforementioned representatives, the Township council
may appoint two alternate representatives to the commission who shall
serve for the terms of one year each, or until the appointment and
qualification of their successors. Such alternates shall have the
right to attend all meetings of the commission and take part in all
discussions. The alternates shall be designated as first alternate
and second alternate and in such order may represent the Township
and vote in the event of the absence or disability of one or both
of the regular representatives.
10. Each representative shall serve for a term of five years, or until
his successor has been appointed and has qualified except that any
appointed representative who holds another elected or appointed public
office shall serve as such representative only so long as he shall
hold such other elected or appointed public office, notwithstanding
his term of appointment as such representative. Appointments to vacancies
caused by the death, resignation or other inability to serve of a
representative shall be filled for the balance of the term only.
11. This ordinance shall take effect 15 days after final passage and
approval or upon adoption of similar ordinances by five municipalities
or resolution by two counties, set forth in b of this section.
[Ord. No. 73-1; Ord. No. 80-11]
The manager may, with the approval of the council, serve as
head of one or more departments. The manager may appoint the same
person to serve as head of two or more departments; and a department
head may also be appointed by the manager to serve as head of a division
within his department without additional compensation.
Temporary Absence or Disabilities. In the event of a temporary
absence or disability of any administrative officer or employee, or
in the event of a vacancy in any office, the manager or acting manager
may designate a qualified person to serve in such office temporarily
in any acting capacity, and any such appointee shall have all the
functions, powers and duties of an incumbent until such absence or
disability terminates or such vacancy is filled by appointment.
Every officer or employee of the Township who, by virtue of
his office or position, is entrusted with the receipt, custody or
expenditure of public monies or funds and any other officer or employee
who may be required so to do by the council shall, before entering
up(n the duties of his office or position, execute and deliver a surety
bond in such amount as may be fixed by resolution of council or as
determined by State Statute or regulations, binding him to the Township
in its corporate name and conditioned upon the true and faithful performance
of his duty. Each officer or employee required by law to give bond
shall execute such a bond with sufficient surety and deliver his bond
to the Clerk, except that the Clerk shall deliver his bond to the
director of administration and finance or manager before he enters
upon the discharge of the duties of his office or employment .
a. All the books, maps, papers, accounts, statements, vouchers and other
documents whatsoever acquired or produced in any department shall
be carefully and conveniently filed, kept and preserved, and be and
remain the sole property of the municipality and shall not at any
time be removed from the offices of such department except when required
for use in official business, and shall then be returned to such office
without delay. Each department head shall be responsible for enforcing
the requirements of this section in his department. This section shall
be subject to the provision of "Destruction of Public Records Law
(1953)" (R.S. 47:3-15 et seq.).
b. All public documents and records shall during office hours be open
to public search, inspection and examination, subject to and within
the limitations prescribed by law; and provided that such search,
inspection and examination may be made under such regulations as the
manager, council and the officer having custody of such records, books
and documents shall establish for the safety and preservation thereof.
a. Fingerprinting and background investigations of all applicants for Township employment, including paid, volunteer and auxiliary employees, on a part or full-time basis, and of all applicants for retail liquor licenses, livery licenses and all taxi owners and operators within the Township shall be conducted as indicated in Subsection
2-15.6 of this chapter.
b. Upon the written request of the department head of any municipal entity or of the Township manager or Clerk, fingerprinting and background investigations of the respective employee, applicant or taxi owner or operator shall be conducted as indicated in Subsection
2-15.6 of this chapter.
The fingerprinting and background investigation process shall
be as follows:
a. Each applicant shall have an appropriate number of classifiable sets
of fingerprints taken by the police department.
b. Upon receipt of the fingerprints, the police department shall conduct
a field investigation and a criminal records check of each applicant.
c. The police department shall prepare a factual summary of the background investigation and criminal records check of each applicant and transmit this summary to the municipal manager and to the department head considering the employment of such applicant in the case of a proposed municipal or municipal entity employee and to the municipal manager, Mayor and council in the case of applicants for all other categories listed in Subsection
2-15.5a of this chapter.
All references to any prior ordinance of the Township committee,
board of health, or any board, body, department or office, shall be
taken and construed to mean such board, body, officer or office to
which the respective functions, powers and duties are allocated and
assigned by the Charter or this code.
Until otherwise provided by ordinance, rates of compensation
established for persons holding office or employment on the effective
date of the code shall be continued with respect to the office or
employment to which they, respectively may be transferred.
[Ord. #73-1, S15.3]
On the effective date of this ordinance, all administrative
functions, powers and duties and the personnel engaged therein and
all records and property of the Township relating thereto, except
as otherwise provided by the code, are transferred to the respective
departments, offices and agencies to which they are allocated and
assigned by the administrative code. All officers and employees who
were in the classified service of the civil service on January 1,
1973, are transferred to the appropriate department and division to
which their respective functions, powers and duties are allocated
and assigned by the administrative code, and they shall not be by
such transfer adversely affected in seniority, demotion or salary
rights, as provided by Revised Statutes, Title 11 (R.S. 11:28-2).
[Ord. #73-1, S15.4]
Pension fund membership and rights of any officer or employee
shall not, without his consent, be adversely affected by any transfer
pursuant to this chapter. The manager shall provide by appropriate
regulation for necessary records, contribution controls and otherwise
for the further protection of the pension fund membership and rights
of officers and employees in accordance with this section as need
appears.
[Ord. #73-1, S15.5]
Any function, office or employment not reconstituted or continued
by this chapter shall be deemed abolished.
[Ord. #73-1, S15.8]
All ordinances and resolutions heretofore adopted by the Township
and in force and effect on January 1, 1973 shall remain in full force
and effect to the extent that they are not inconsistent with the charter
or this chapter.
[Ord. #73-1, S15.9]
All ordinances and parts of ordinances heretofore enacted which
are inconsistent with any provision of this chapter are, to the extent
of such inconsistency, hereby repealed.
[Ord. #73-1, S15.10]
This administrative code shall take effect as a resolution immediately
and as an ordinance upon final passage and publication in accordance
with the Charter, and subject to such emergency resolutions as may
be adopted pursuant to R.S. 40:69A-18(b).
[Ord. #68-10]
A municipal court for the Township of Scotch Plains is established,
as of January 1, 1949, pursuant to the provisions of Chapter 264 of
the Laws of 1948, as amended and supplemented.
[Ord. #68-10]
The name of municipal court shall be the "Municipal Court of
the Township of Scotch Plains."
[Ord. #68-10]
The municipal court shall have a seal which shall bear the impress
of the name of the court.
[Ord. #68-10; Ord. No. 2016-29]
There shall be a municipal judge of the municipal court who
shall be appointed by the Township council and who shall serve for
a term of three years from the date of his appointment and until his
successor is appointed and qualified. Any appointment to fill a vacancy
not caused by the expiration of term shall be made for the unexpired
term only.
[Ord. #68-10]
The municipal judge shall receive an annual salary as stated
in the annual salary ordinance, to be paid in the same manner as the
salaries of other municipal officers are paid, and which shall be
in lieu of all fees, costs and any other allowances whatsoever.
[Ord. #68-10; Ord. #97-36, S2]
a. The municipal court and the municipal judge shall have, possess and
exercise all the functions, powers, duties and jurisdiction conferred
by the provisions of Chapter 264 of the Laws of 1948, as amended and
supplemented, or by any other law.
b. All persons applying for representation by Township public defender
shall pay an application fee of not more than $200, pursuant to N.J.S.A.
2B:24-1 et seq. The eligibility for the services of the Township public
defender and the amount of the application fee shall be determined
by the municipal court pursuant to N.J.S.A. 2B:24-1 et seq.
c. The Township shall have a lien on any property to which a defendant utilizing such services shall have or acquire an interest for an amount equal to the reasonable value of services rendered pursuant to Subsection
b above and the referenced statute.
[Ord. #68-10]
There shall be a Clerk of the municipal court, who shall be
appointed by the Township council and who shall serve for a term of
one year from the date of his appointment and until his successor
is appointed and qualified. The Clerk of the municipal court shall
receive an annual salary as stated in the annual salary ordinance,
to be paid in the same manner as the salaries of other municipal officers
are paid, and which shall be in lieu of all fees, costs and any other
allowances whatsoever. He 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. The Clerk of the municipal court
shall also be the violations Clerk at no additional compensation.
[Ord. #68-10]
The municipal court shall be held in the municipal building.
The municipal judge shall fix the court hours subject to the approval
of the Township council and further subject to the rules applicable
to municipal courts.
[Ord. No. 68-10; Ord. No. 72-20; Ord. No.
91-35; Ord. No. 94-19]
[Ord. #68-10]
A police department is established in and for the Township under
the name of "Police Department of the Township of Scotch Plains."
[Amended 11-14-2022 by Ord. No. 2022-29]
The police department of the Township shall consist of a Chief
of Police, a Deputy Chief of Police, such captains, lieutenants, sergeants,
patrolmen and other employees as shall be deemed necessary by the
Township council to properly preserve peace and good order within
the Township.
[Amended 11-14-2022 by Ord. No. 2022-30]
a. All applicants for appointment to or for promotion within the Police
Department shall be qualified for appointment or promotion as required
by law, ordinance and Civil Service rules and regulations.
b. When the appointing authority of the Township of Scotch Plains has
determined that there cannot be recruited a sufficient number of qualified
residents for available police officer employment positions, the appointing
authority shall advertise for other qualified police officer candidates.
c. Classification of qualified police officer candidates in such instances
shall be determined in the following manner:
1. Residents of the Township of Scotch Plains.
2. Other residents of Union County.
3. Other residents of counties contiguous to the county in which the
municipality is situated.
4. All other residents of the State of New Jersey.
d. All appointments shall be made in the order of preference established
hereinabove.
The municipal manager shall have the power to adopt such rules
and regulations for the government and discipline of the police department
as he deems necessary for the government and efficient working of
the entire department. These may include the delegation to the Chief
of Police of the power to adopt such rules, regulations, procedures
and orders as shall be deemed necessary and desirable to promote the
efficiency of the department.
a. The municipal manager shall be the appropriate authority as defined
in N.J.S.A. 40A:14-118 or any successor statute thereto.
b. The manager shall appoint and promote all members and officers to the police department, subject to the provision of Subsections
2-18.3; 2-18.6; 2-18.7 and 2-18.9.
c. The municipal manager shall, consistent with N.J.S.A. 40A:14-118,
promulgate rules and regulations for the government of the police
force and for the discipline of its members. These rules and regulations
may be amended from time to time by the manager as he deems necessary
and appropriate, so long as such amendments and modifications are
in accord with the relevant statutes of the State of New Jersey and
ordinances of the municipality.
The manager shall designate a physician, who shall examine all
candidates for appointment to or promotion within the police department.
The manager shall furnish to the Township council a written certificate
of such physician as to the mental and physical fitness of all such
candidates. The cost of such examination shall be borne by the Township.
Each member of the department hereafter appointed shall:
a. Be a citizen of the United States for five years;
b. Have a good moral character;
c. Be physically able to carry and use a weapon, make forceful arrests
and otherwise fulfill and completely perform all functions required
of a police officer, including, but not limited to, those set forth
in the job description for police officers and/or the rules and regulations
of the department;
d. Be able to read, write and speak the English language well and intelligently;
e. Not be less than 18 years of age at the time of his appointment to
the department.
No person shall be appointed who has been convicted of any crime
involving moral turpitude, which would be prejudicial to the morale
of the force.
Each person hereafter appointed to the department shall first
serve a probationary period as provided for by N.J.S.A. 52:17B-69
or any successor statute thereto. During the probationary period,
he or she shall be known as a probationary policeman. The probationary
period may be extended in accord with the provisions of N.J.S.A. 52:17B-69,
any successor statute thereto, or any other statute relating to such
probationary period.
At the termination of the probationary period, the appointment
as patrolman shall become final upon the recommendation of the manager,
so long as such person has satisfactorily completed such police training
course as may be required by the appropriate statutes.
Before entering upon the performance of his duties, every member
of the police department shall take and subscribe an oath or affirmation
to bear true faith and allegiance to the government established in
this State, under the authority of the people, to support the Constitution
of the United States and the Constitution of the State of New Jersey,
and to faithfully, impartially and justly discharge and perform all
the duties of his office, which oath or affirmation shall be filed
with the Township Clerk.
The chief of the police department shall be the executive head
of the department and shall be responsible to the manager, and through
him, to the Township council, for the conduct, efficiency and management
of the department. He shall, among other things, be responsible for
the efficiency and routine day to day operations of the department
and shall have all of the powers and duties set forth in N.J.S.A.
40A:14-118 and any related or successor statutes, including, but not
limited to:
a. Administering and enforcing rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel;
b. Having, exercising, and discharging the functions, powers and duties
of the force;
c. Prescribing the duties and assignments of all subordinates and other
personnel;
d. Delegating such of his authority as he may deem necessary for the
efficient operation of the force to be exercised under his direction
and supervision;
e. Reporting at least monthly to the appropriate authority, in such
form as shall be prescribed by such authority, on the operation of
the force during the preceding month, and making such other reports
as may be requested by such authority, including such recommendations
as, in his opinion, will increase the efficiency of the department.
In the absence or disability of the Chief of Police, his duties
shall be performed by the next officer in command in order of rank.
The members of the police department shall: preserve the public
peace; protect life and property; detect, arrest and prosecute offenders
of the laws of New Jersey and the ordinances of the Township of Scotch
Plains; direct and control traffic; provide attendance and protection
during emergencies; provide appearances in court; cooperate with other
law enforcement agencies; provide training for the efficiency of its
members and officers; and generally perform all of the functions and
duties of a municipal police department.
No member or officer of the police department shall be suspended,
removed, fined, or reduced in rank for any cause other than incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the police department's rules and regulations.
a. Any of the following shall be cause for removal from the service
although removals may be made for sufficient causes other than those
listed:
2. Incompetency or insufficiency;
3. Incapacity due to mental or physical disability;
4. Insubordination or serious breach of discipline;
5. Intoxication while on duty;
6. Chronic or excessive absenteeism;
7. Disorderly or immoral conduct;
8. Willful violation of any of the provisions of the Civil Service statutes,
rules or regulations or other statutes relating to the employment
of public employees;
9. The conviction of any criminal act or offense;
10. Negligence of or willful damage to public property or waste of public
supplies;
11. Conduct unbecoming an employee in the public service; or
12. The use or attempt to use one's authority or official influence to
control or modify the political action of any person in the service
or engaging in any form of political activity during working hours.
b. Investigation of removal.
1. Within 30 days after receipt of the notice of removal from the Chief
of Police or his designated superior officer in charge, whether or
not an appeal has been received, the manager may make his own investigation
to determine whether the facts warrant the removal;
2. The manager shall, as soon as practicable after the investigation,
certify his decision to the Chief of Police or his designated superior
officer in charge who shall immediately comply with the decision.
c. Resignation.
1. Any employee may resign in good standing by giving the Chief of Police
or his designated officer in charge at least 14 days written notice
unless the Chief of Police consents to a shorter notice;
2. If any employee resigns without giving the required notice he shall
be held as having resigned not in good standing.
3. A request to rescind the resignation prior to its effective date
may be consented to by the Chief of Police and approved by the manager.
d. Request for reinstatement.
1. An employee who has resigned in good standing may, within two years
of the effective date of his resignation, request consideration of
re-employment by indicating his availability for employment to the
Chief of Police or his designated superior officer in charge.
2. Upon recommendation of the Chief of Police or his designated superior
officer in charge, the employee shall have his name placed on a regular
reemployment list for the position from which he had resigned. No
name shall remain on the regular reemployment list beyond two years
from the date of resignation.
e. Resignation resulting from unauthorized absence.
1. Any employee who is absent from duty for five consecutive days without
notice and approval of his superior of the reason for such absence
and the time he expects to return, or who fails to report for duty
within five business days after the expiration of any authorized leave,
shall be held to have resigned not in good standing.
2. The employee shall be properly notified of the action by personal
service or certified mail as provided by regulation. The Chief of
Police or his designated superior officer in charge shall report the
resignation to the manager.
[Amended 6-19-2018 by Ord. No. 2018-16
The Mayor and Council may appoint, from time to time, special
law enforcement officers (SLEO) in accordance with N.J.S.A 40A:14-146.8
et seq., for terms not exceeding one year, provided that such officers
have satisfied such requirements of the New Jersey Police Training
Commission in accordance with N.J.S.A. 40A:14-146.11. They shall possess
and exercise all the powers and duties provided by those statutes
during their term in office, but shall not be considered as regular
members of the Police Department and shall not be entitled to tenure
in accordance with N.J.S.A 40A:14-146.14. The Chief of Police may
authorize special law enforcement officers, when on duty, to exercise
the same powers and authority as regular members of the Police Department,
including the carrying of firearms and the power of arrest.
a. Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control, and similar duties. If
authorized by ordinance or resolution, as appropriate, Class One officers
shall have the power to issue summonses for disorderly persons and
petty disorderly persons offenses, violations of municipal ordinances,
and violations of Title 39 of the Revised Statutes. The use of a firearm
by an officer of this class shall be strictly prohibited and a Class
One officer shall not be assigned any duties which may require the
carrying or use of a firearm.
b. Class Two. Officer of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer. The use of a firearm by an officer
of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the
commission.
c. Class Three. Officers of this class shall be authorized to exercise
full powers and duties similar to those of a permanent, regularly
appointed full-time police officer while providing security at a public
or nonpublic school or a county college on the school or college premises
during hours when the public or nonpublic school or county college
is normally in session or when it is occupied by public or nonpublic
school or county college students or their teachers or professors.
While on duty in the jurisdiction of employment, an officer may respond
to offenses or emergencies off school or college grounds if they occur
in the officer's presence while traveling to a school facility or
county college, but an officer shall not otherwise be dispatched or
dedicated to any assignment off school or college property.
[Ord. #73-24; Ord. #91-35]
The police manual formerly provided for under this section is hereby declared null and void and is to be replaced by appropriate rules and regulations, adopted pursuant to Subsection
2-18.5 hereof. All other portions of section
2-19 et seq. are hereafter null and void, except as contained in the rules and regulations referred to above.
[Ord. No. 2017-1]
The purpose of this section is to establish controls and regulations
for the safe and expeditious movement of traffic through construction
zones, maintenance operations and utility work above and below ground
throughout the Township of Scotch Plains and to provide for the safety
and compensation of the members of the Scotch Plains Township Police
Department performing these operations. In addition, provisions of
this section shall apply to all assignments which originate from a
request for assistance or aid by any Chief of Police, chief law enforcement
officer or designee from a bona fide State, County or municipal police
department in the State of New Jersey, regardless of the geographic
location of the assignment being inside, contiguous or extraterritorial
to the Township of Scotch Plains, provided the entity making the request
for assistance or aid agrees to make the payments required by Subsection
2-19A.10 of this section.
[Ord. No. 2017-1]
a. The Township of Scotch Plains, through the Mayor and Council, hereby
finds and declares that problems of traffic control occur when traffic
must be moved through or around street construction, maintenance operations,
utility work above and below ground, which requires blocking the roadway
and obstructing the normal flow of traffic, and that such obstructions
are or can become dangerous when not properly controlled. In order
to better promote the public health, safety, peace and welfare, it
is necessary to enact such guiding principles so the aforementioned
problems may be avoided.
b. The Township of Scotch Plains, through the Mayor and Council, hereby
adopt the current Manual of Uniform Traffic Control Devices, hereafter
known as MUTCD, except as hereby supplemented and amended, as it controls
and regulates whenever construction maintenance operations or utility
work obstructs the normal flow of traffic on all roadways within The
Township of Scotch Plains. Any person, contractor, or utility failing
to comply with the provisions of MUTCD while performing such work
is in violation of this section.
[Ord. No. 2017-1]
a. It shall be the responsibility of the person, contractor, or in the
case of a public utility as required under the public utility agreement,
wishing to conduct work on, under or above any roadway within the
Township to contact the Administration of the Scotch Plains Police
Department in order to arrange a preconstruction meeting to submit
plans for the safe movement of traffic during such period of construction
work. Preconstruction meetings must be scheduled far enough in advance
(a minimum of two weeks) of the desired start date so as to allow
for efficient planning.
b. Any person, contractor or utility who fails to comply with this section
prior to the start of such work or whose plans are not approved by
the Administration of the Police Department is in violation of this
section.
[Ord. No. 2017-1]
The person, contractor or utility shall provide the Scotch Plains
Township Police Department Traffic Safety Bureau with at least two
emergency contact phone numbers to be called in case of emergency
problems at the construction or maintenance site prior to the start
of any work. If for any reason emergency contact cannot be reached,
or if the emergency contact person does not respond in a timely manner
to the call from the Police Department to correct a hazardous condition,
the Township may respond to correct such hazardous conditions. The
reasonable fees for such emergency service by the Township shall be
charged to the person, contractor or utility responsible for such
conditions.
[Ord. No. 2017-1]
Road closing and/or traffic detours shall not be permitted unless
approved by the officer in charge of the Police Department. Advance
notice of detours must be given to motorists, except in emergent circumstances.
[Ord. No. 2017-1]
a. Any person, contractor, or public utility seeking to conduct work
on, above or below any roadway within the Township of Scotch Plains,
including but not limited to municipal, County or State road, or to
control the flow of traffic at shopping centers and office complexes
is required to hire off-duty officers to ensure compliance with the
MUTCD as well as to control traffic resulting from the work. In the
event no officers of the Scotch Plains Police Department are available
to perform such work, the Chief of Police or his designee may provide
a qualified officer from another jurisdiction. In no event shall an
officer or employee of any agency perform traffic control duties within
the Township of Scotch Plains without the consent of the Chief of
Police.
b. The Administration of the Scotch Plains Police Department must be
contacted at least 24 hours before starting work to arrange for the
hiring of off-duty officers. The number of officers required shall
be determined by the Administration and approved by the Chief of Police.
[Amended 3-20-2018 by Ord. No. 2018-8]
c. The requirement to hire off-duty officers set forth in paragraphs
a and b above shall only apply to work that will take more than one
hour to complete. All work on, above or below the roads listed taking
less than one hour may be controlled with civilian flagmen, unless
off-duty officers are deemed necessary by the Scotch Plains Police
Administration and approved by the Chief of Police. All civilian flagmen
must wear orange glow-type traffic vests and must be educated as to
the proper operation of traffic flag controls. If flagmen cannot see
each other, they must have walkie-talkie communication between them.
d. In the event that work requires any road to be closed to traffic
24 hours a day, the hiring of off-duty officers will only be required
when it is deemed necessary by the Administration and approved by
the Chief of Police.
[Ord. No. 2017-1]
a. Any off-duty police officer hired pursuant to Subsection 2-19A.6
of this section shall be compensated at the level set by ordinance,
which may be amended at any time.
b. Any off-duty police officer hired pursuant to Subsection 2-19A.6
of this section and working a detail shall be paid for a minimum of
4 hours regardless of the actual amount of time worked.
c. All wages and fees must be received by the Township in full prior
to the performance of extra-duty employment. A hiring entity shall
be required to estimate the number of hours such law enforcement services
are required. The hiring entity shall be responsible for ensuring
that sufficient funds are paid prior to services rendered to avoid
any interruption of services. In the event that sufficient funds are
not available, the services of off-duty officers shall cease and requests
for further or future services shall not be performed or posted until
sufficient funds have been made available.
d. The Township shall administer any and all wages and fees, including
administrative fees and vehicle fees, for extra-duty police work.
e. Any off-duty police officer hired pursuant to Subsection 2-19A.6
of this section shall be treated as an employee of the Township. However,
wages earned for outside extra-duty employment by any police officer
shall not be applied toward the pension benefits of the police officer
so employed, nor shall hours worked for outside employment be considered
in any way compensable as overtime payable by the Township.
f. Officers shall receive the emergency rate for construction detail
on Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving,
Christmas, and New Year's Eve. "Premium pay" shall be defined as 1.5
times the rate of pay set forth in Subsection 2-19A.7a of this section.
g. The hiring entity shall assume any and all liability arising out
of extra-duty police work, whether such liability is direct or vicarious,
including but not limited to liability arising from travel to and
from a job location and services rendered during the extra-duty police
work.
h. Prior to the commencement of any extra-duty employment, the hiring
entity shall deliver to the Township a Certificate of Insurance that
it holds at least $1,000,000 of general liability insurance coverage,
which shall be reasonably satisfactory to the Township as to amounts
of coverage, deductibles, and insurers. The Township shall be named
as an additional insured to the policy.
i. Prior to the commencement of any extra-duty employment, the hiring
entity shall deliver to the Township a Certificate of Workers' Compensation,
which shall be reasonably satisfactory to the Township as to amounts
of coverage, deductibles, and insurers. The Township shall be named
as an additional insured to the policy.
[Ord. No. 2017-1]
The Administration or the Chief of Police shall have the authority
to stop work being performed within the Township, including the removal
of equipment and vehicles, stored material within the street right-of-way,
backfilling of open excavations and/or other related work, in order
to abate any nuisance and/or safety hazard or for any violation of
this section.
[Ord. No. 2017-1]
It is to be expressly understood that no materials, vehicles
or equipment are to be placed in roadway or sidewalk areas until all
construction, signs, lights, devices and pavement markings are installed.
All construction signs that will not apply during the construction
must be bagged or removed from view of motorists (i.e.; "Flagman Ahead"
signs after workmen have finished for the day).
[Ord. No. 2017-1]
a. Any person, contractor or utility who commits a violation of this
section shall, upon conviction thereof, for a first offense pay a
fine of not less than $100 nor more than $500 and/or be imprisoned
in the county jail for a term not exceeding 90 days; for a second
offense, upon conviction thereof, pay a fine for not less than $250
and/or be imprisoned in the county jail for a term not exceeding 90
days.
b. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[Ord. No. 2017-1]
Any person, contractor or utility who commits to hiring a police
officer or officers and cancels or reschedules the work within four
hours of the time scheduled to commence the work shall be required
to pay the Township of Scotch Plains for four hours at the applicable
hourly rate unless a natural disaster and/or state of emergency is
declared.
[Ord. No. 2017-1]
The hiring entity shall save and hold harmless the Township,
and its officers, officials, agents, employees, administrators and
elected officials, from and against any and all liabilities arising
out of the performance of off-duty police work, whether such liability
is direct or vicarious. This requirement shall be construed as broadly
in favor of indemnification as permitted by New Jersey law.
[Ord. No. 68-10; Ord. No. 95-4; Ord. No.
13-2004; Ord. No. 15-2005]
[Ord. #68-10; Ord. #95-4, S1; Ord. #95-19, S1; Ord. No. 2015-3 § 1]
The department shall consist of a chief, deputy chief, and may
include two battalion chiefs and four captains. The deputy chief shall
be appointed by the chief with the approval of the municipal manager.
The battalion chiefs and captains shall be elected for a two-year
period by the general membership of the fire company in which they
would serve. General membership shall not include members of the auxiliary.
a. The chief shall vote for battalion chief and/or captain in any company
in the event that a tie vote has occurred.
b. If a captain and/or battalion chief resigns from office prior to
the expiration of his/her term, or if a captain and/or battalion chief
must be removed from office prior to expiration of his/her term based
upon the rules and regulations of the department, the municipal manager
and Fire Chief may appoint a replacement for a period not to exceed
60 days. A special election shall be scheduled and conducted within
this 60-day period.
c. In the event that there are no eligible candidates, or declared candidates
who which to run for the office of battalion chief and/or captain,
the municipal manager and the Fire Chief shall appoint the battalion
chief and/or captain for that calendar year.
[Ord. #68-10; Ord. #95-4, S2; Ord. No. 2017-10]
The chief shall be appointed by the manager. The chief shall
be technically qualified by training and experience, shall have ability
to command men and women and hold their respect and confidence. The
chief shall be removed only for just cause before the Township council.
[Ord. #68-10]
The chief shall be held accountable to the manager and shall
make written and verbal reports as the manager may require. All other
department and company officers shall be accountable to the chief.
[Ord. #68-10; Ord. #95-4, S3]
The battalion chiefs of the fire department shall rank second
to the chief. In the absence of the chief, the battalion chiefs of
the first company to arrive at a fire or other fire department "call"
shall command the entire department. The captains of the fire department
shall rank second to the battalion chiefs. In the absence of the chief
and battalion chiefs, the captains of the first company to arrive
at a fire or other department "call" shall take command until the
arrival of a superior officer.
[New]
The salary of the members of the department shall be established
in the annual salary ordinance.
[Ord. #68-10; Ord. #95-4, S4]
The chief shall formulate a set of rule and regulations to govern
the department contingent upon the approval of the municipal manager
and Township council. The chief shall be responsible to the municipal
manager and the Township council for the personnel, morale and general
efficiency of the department.
[Ord. #68-10; Ord. #95-4, S5]
The Township council shall determine the number and kind of
companies of which the department is to be composed.
[Ord. #68-10; Ord. #95-4, S6]
The chief or his/her designee shall, at least once a month,
conduct suitable drills or instruction in the operation and handling
of equipment, first aid and rescue work, salvage, a study of buildings
in the Township, fire prevention, water supplies and all other matters
generally considered essential to good firemanship and safety of life
and property from fire.
[Ord. #68-10]
The chief is hereby required to assist the proper authorities
in suppressing the crime of arson by investigating or causing to be
investigated, the cause, origin and circumstances of all fires.
[Ord. #68-10; Ord. #95-4, S7]
The fire official or such other member as may be designated
by the manager is hereby empowered to enter any and all buildings
and premises at any reasonable hour for the purpose of making inspections
and to serve written notice upon the owner or occupant to abate, within
a specific time, any and all fire hazards that may be found.
[Ord. #68-10; Ord. #95-4, S8]
Any person so served with a notice to abate any fire hazard
or hazards, shall comply therewith and promptly notify the fire official
or such other member as may be designated by the manager.
The chief shall see that complete records are kept of all fires,
inspections, apparatus and minor equipment, personnel and other information
about the work of the department.
The chief shall report monthly to the manager the conditions
of the apparatus and equipment; the number of fires during the month,
their location and cause and date of same and loss occasioned thereby;
the number and purpose of all other runs made; and the number of members
responding to each fire or other run, and any changes in membership.
The chief shall make a complete annual report to the manager within one month after the close of the fiscal year, such report to include the information specified in Subsection
2-20.12, together with comparative data for previous years and recommendations for improving the effectiveness of the department.
The membership of the department shall consist of such persons
as may be appointed by the Township manager. Applicants shall be able-bodied
citizens of the United States. Every person appointed a member of
the department must not be less than 18 years of age, and no more
than 45 years of age, except if any age variance may be allowed by
the Statutes of the State of New Jersey. Determination of whether
candidates for appointment are qualified and able-bodied shall be
made by the municipal manager after a medical and physical examination
has been made in a manner prescribed by the municipal manager. All
members shall agree to comply with all training and attendance requirements
as set forth by the department and/or the Township of Scotch Plains.
a. Township Residents. Township residents may submit an application for the department and may do it immediately. Residents that are transferring membership from another duly recognized fire department may also do so upon establishing residency within the Township (see Subsection
b below). Members moving out of the Township may remain an active member provided they meet the requirements of an area resident at the discretion of the chief and with the approval of the Township manager.
b. Area Residents. A resident of a contiguous municipality may submit
an application for membership provided their residence is no more
than five miles from the fire station to which they would be assigned.
The applicant shall successfully complete an interview with the Board
of officers prior to any action being taken on the application. Final
determination of eligibility shall be at the sole discretion of the
Township manager and they otherwise must comply with all rules and
regulations referred to herein.
c. Other Applicants. Applicants that are employed within the Township
boundaries may submit an application for membership. The applicant
shall successfully complete and interview with the Board of officers
prior to any action being taken on the application. Final determination
of eligibility shall be at the sole discretion of the Township manager
and in compliance with all other rules and regulations referred to
herein.
The battalion chiefs and/or captains may recommend the suspension
and/or discharge of any member to the chief. Any member may be suspended
or discharged from the department by the chief at any time the chief
may deem such action necessary for the good of the department. Any
member may appeal his/her suspension or discharge to the Board of
review pursuant to the fire department's rules and regulations. An
appeal of the finding of the Board of review may be made to the municipal
manager who shall have final determination in the matter.
The department shall be equipped with such apparatus and other
equipment as may be required to maintain its efficiency and properly
protect life and property from fire.
Recommendations of apparatus and equipment needed shall be made
by the chief and/or manager, and after approval by the Township council
shall be purchased in such manner as may be designated by the Township
council.
No person shall use any fire apparatus or equipment for any
private purpose, nor shall any person willfully and without proper
authority take away or conceal any article used in any way by the
department.
No person shall enter any place where fire apparatus is housed
or handle any apparatus or equipment belonging to the department unless
accompanied by, or having the special permission of, an officer or
authorized member of the department.
No apparatus shall be hired out or permitted to leave the Township
except in response to a call for aid at a fire in a neighboring community
without the consent of the manager. The officer in charge of the department
shall have power to assign equipment for response to calls for outside
aid in accordance with this subsection, and in other cases only when
the absence of such equipment will not jeopardize protection in this
Township.
Each member of the department shall be issued a badge designating
his/her rank. No member of the force shall loan the department badge
under penalty of dismissal, and any member losing his/her badge shall
immediately report it to his/her supervisor.
All motor equipment and all personal cars of department members
shall have right-of-way over all other traffic when responding to
a call for assistance.
No person shall drive any vehicle over fire hose except upon
specific orders from the chief or other officer in charge where the
hose is issued.
No person shall park any vehicle or otherwise cause any obstruction
to be placed within 20 feet of entrance to any fire station or other
place where fire apparatus is stored, or within ten feet of any fire
hydrant or cistern.
No person shall turn in or cause to be turned in a false request
for assistance.
No intoxicating beverages of any description whatsoever shall
be allowed in the premises of the fire department. The serving of
such beverages shall be permitted, however, at social affairs held
at community meeting rooms which may be part of a firehouse. Any member
of the fire department intoxicated while on duty, shall be deprived
of his badge and suspended.
No person except officers, members of the department and its
auxiliaries, shall at any time enter any firehouse of the department,
except members of the Township council and other persons given permission
to enter by the manager and visitors accompanied by members of the
department and except any police officer in the proper discharge of
his duty. Community meeting room facilities which are part of a firehouse
may be utilized by civic, social, religious and eleemosynary groups,
with prior permission of the manager. Members of the department are
hereby empowered to enforce the provisions of this section.
Any person violating the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
3, section
3-1.
[Ord. #68-10; Ord. #95-4, S27]
No person shall willfully hinder or molest or attempt to do any violence to any officer or member of the fire department, while in the performance of his/her duty at a fire, or going to or returning from a fire or request for assistance or in charge of any fire engine or other apparatus, under the penalty stated in Chapter
3, section
3-1, at the discretion of the municipal judge before whom conviction is had.
[Ord. #68-10; Ord. 95-4, S28; Ord. #98-18, S1; Ord. #28-2004; Ord. No. 2015-3 § 2]
a. The fire official shall designate licensed inspectors to inspect
structures used or intended for use for residential purposes by not
more than two households. Said structures shall have a smoke-sensitive
alarm device on each level of the structure and outside each separate
sleeping area in the immediate vicinity of the bedrooms and located
on or near the ceiling in accordance with National Fire Protection
Association Standard No. 74-1984 for the installation, maintenance
and use of household fire warning equipment. (The smoke-sensitive
device shall be tested and listed by a product certification agency
recognized by the Division of Fire Safety). Said structures shall
also have single station carbon monoxide alarms listed in accordance
with UL-2034 installed and maintained in the immediate vicinity of
the sleeping area(s).
1. Structures constructed prior to January 1, 1977. Installation of
battery operated smoke-sensitive alarm devices shall be accepted as
meeting the requirements of this subsection.
2. Structures constructed after January 1, 1977. Installation shall
be an electrically operated smoke-sensitive device. All smoke detectors
required by any subsequent certificate of occupancy shall remain operational.
3. Carbon monoxide detectors may be battery-operated, hard-wired or
of the plug-in type. Carbon monoxide detectors shall not be required
in structures that do not contain a fuel-burning appliance or an attached
garage.
A certificate of approval shall be issued by the fire official
prior to resale or reoccupancy when the dwelling unit(s) comply with
the requirements of this subsection. Failure to obtain a certificate
of approval prior to resale, or reoccupancy, will result in the penalties:
First offense
|
Not more than $500
|
Each subsequent offense
|
Not more than $2,000
|
Penalties shall be collected by the local enforcing agency.
|
4. Additional requirements.
(a)
An inspection of the lowest floor level which may have installed
a sump pit and pump for the discharge of any ground water into any
other discharge system approved by the Township except that in no
case shall the sump pump be allowed to discharge into the plumbing
system of the dwelling unit. Such discharge systems shall be in conformance
with the National Standard Plumbing Code.
(b)
It is required that house/building number shall be clearly visible
at all times from the public or private street on which the property
is located. All addresses shall be a minimum of four inches in height
and shall be Arabic in format and style. They shall be mounted at
a height of not less than four feet and not more than ten feet above
grade. They shall be securely fastened, of durable, weatherproof material,
and shall be mounted against a contrasting background arranged so
that the numbers may be clearly legible from the center of the road.
(c)
Any fire protection systems such as sprinklers shall be fully
operational.
[Ord. No. 2015-3]
5. Any dwelling unit that is connected by and serviced by a central
system shall require the following:
(a)
A representative or authorized agent of the company that manages
the central system be present during the test;
(b)
or in lieu of a representative or authorized agent, a knowledgeable
person, homeowner, tenant, property manager or similar person shall
be present to demonstrate and test the system.
6. At the time of the request for smoke detector certification, a waiver
shall be signed by the party requesting inspection holding the Township
and its officials, employees, officers and inspectors harmless in
the event that a smoke detector device becomes damaged, inoperable
or otherwise be put out of service.
7. Fee Schedule.
(a)
Certificate of Approval
1 to 4 family dwelling $50.00 each
(b)
Multifamily dwelling 4 units or more $40 each.
(c)
All inspections requested at times other than the time designated
by the fire official shall be twice the fee as set forth herein.
(d)
A reprint of a valid certificate of approval shall be on original
certificate paper. The fee for a reprint shall be $15.
(e)
Inspections shall be scheduled through the department of inspections.
The department of inspections and the bureau of fire prevention shall
equally split the application fees.
[Ord. No. 2015-3]
8. Missed Inspections/Failure.
(a)
If the inspector(s) cannot gain entry at any scheduled inspection,
the applicant shall forfeit the fee posted and shall be required to
submit a new application and fee.
(b)
If, after two inspections, the dwelling unit is still not in
compliance with this chapter, the applicant shall forfeit the fee
posted and shall be required to submit a new application and fee.
9. Duration of Certificate of Approval.
(a)
A certificate of approval shall be valid for six months and
shall be issued to the original owner. Any change of ownership or
tenant shall require a new certificate of approval regardless of the
length of time.
[Added 11-14-2022 by Ord.
No. 2022-28]
a. Establishment.
1. There is hereby established a Division of Emergency Medical Services
in the Fire Department for the provision of emergency medical services.
b. Supervision and management.
1. The day-to-day operation and management of the Division of Emergency
Medical Services shall be under the supervision of a Supervising Emergency
Medical Technician, who shall report to the Chief of the Fire Department
or his designee.
c. Emergency medical services fees.
1. There is hereby established a fee schedule for emergency medical
services by the Township of Scotch Plains as follows:
(a)
Transport fees.
(1)
The initial base rate for transportation shall be $850 per transport,
plus $20 per mile calculated one way.
(2)
The rate shall include the services of two emergency medical
technicians and emergency ambulance transportation services.
(b)
Nontransport fees.
(1)
The initial base rate for nontransports where aid is provided
shall be $300.
(c)
Medication and equipment fees.
(2)
Epinephrine auto-injector: $425.
d. Policy for billing.
1. The Township of Scotch Plains recognizes the Fire Department's
need to bill for emergency medical services to aid in the provision
of emergency medical services.
2. No person requiring emergency medical services shall be denied services
due to lack of insurance or ability to pay.
3. The Township of Scotch Plains and/or the Fire Department may, either
directly or through any third-party billing agency with which it has
contracted for billing and/or collections, make arrangements with
users of such services and/or their financially responsible party
for the installment payment of bills.
e. Procedure for billing.
1. The Township of Scotch Plains and/or the Fire Department is hereby
authorized to enter into a contract with a third-party billing agency
and/or collection agency for billing and/or collection services, provided
that the following standards for third-party billing are met:
(a)
The third-party billing service is to be provided at an amount
consistent with the fair market value for the services rendered.
(b)
Neither the billing agency nor any of its employees are subject
to exclusion for any emergency medical service fee.
(c)
The billing agency is bonded and/or insured in amounts satisfactory
to the Township of Scotch Plains.
(d)
Any and all amounts collected as a result of this section shall
be used exclusively for the replacement or maintenance of Fire Department
emergency medical services materials, equipment, personnel, and training
and shall be held in trust by the Township's Chief Financial
Officer for that purpose.
f. Third-party payment plan.
1. Findings.
(a)
The New Jersey State Department of Health is the agency having
authority to issue licensure for the Township of Scotch Plains Fire
Department's Emergency Medical Services (the "program") administered
by the Township of Scotch Plains.
(b)
The Department is applying for a provider number for the federal
and state Medicare/Medicaid programs, enabling the municipality to
institute a third-party payment plan (the "payment plan").
(c)
Most residents have a health insurance plan or Medicare/Medicaid,
which provides payments to relieve their payment obligations.
(d)
It is in the best interest of the taxpayers of the municipality
to establish the third-party payment plan in accordance with the Health
Care Finance Administration guidelines ("HCFA").
2. Responsibility.
(a)
The Chief of the Fire Department or his designee and the Municipal
Manager or his designee of the municipality, in consultation with
the municipality's EMS Program Consultant, will be responsible
for the plan's billing.
3. Contracts with hospitals.
(a)
The Township of Scotch Plains and/or the Scotch Plains Fire
Department is authorized to enter into contracts with various hospitals
that provide advanced life support (ALS) services to the patients
that are transported by Scotch Plains Township Fire Department Emergency
Medical Services allowing the hospitals to bundle bill Medicare for
services rendered. The hospital will reimburse the municipality for
its transportation costs within 30 days of receiving payment.
4. Contracts with volunteer first aid squads.
(a)
The Township may contract with the volunteer first aid squads
to provide third-party billing as established in this subsection,
if necessary.
[New]
Pursuant to P.L. 1975, C. 217 as amended and N.J.A.C. 5:23, there is hereby established a Uniform Construction Code Enforcing Agency which shall be organized as per section
8-1 of Chapter
8 of this code. All officials and employees of said agency shall be appointed by the Mayor according to law.
Pursuant to the provisions of N.J.S.A. 40:23-6.26 to 40:23-6.29,
the Township of Scotch Plains is hereby authorized to enter into contracts
with the County of Union for the joint use by the Township of Scotch
Plains and other municipalities in the County of Union of administrative
services and facilities of the office of purchasing agent of the County
of Union appropriate to the procurement of certain materials, supplies
and equipment which may be determined to be required by the Township
and which the Township may otherwise lawfully purchase for itself.
The services and facilities of the office of county purchasing agent
shall be provided without cost to the Township.
The proper municipal officials of the Township are hereby authorized
and empowered to execute, on behalf of the Township, all such contracts
with the County of Union as may be authorized and approved by resolution
of the Township council of the Township of Scotch Plains.
[Ord. No. 91-32; Ord. No. 96-31]
All bills and claims against the Township shall be presented
by an appropriate voucher with a certification of the party claiming
payment that the amount sought is correct to the department head in
charge of the purchase of the materials, supplies, services or claim
for said department head's review and approval. Upon approval, the
department head or the municipal manager, if there is no department
head in charge of the specific purchase, shall certify on the voucher
that the goods have been received by or the services rendered to the
Township. After signing the certification, the appropriate department
head or municipal manager shall forward same to the director of finance
for verification and audit.
Upon completion of the verification and audit by the director
of finance, he shall prepare a list of bills with all of the aforesaid
vouchers attached thereto for submission to the municipal manager.
The municipal manager shall thereupon read the list of bills
and certify that he has done so and that he has ascertained that each
voucher has been approved and found to be in order and acceptable
for payment by an appropriate department head and shall thereupon
approve the list of bills and vouchers for payment by the Township
council.
All bills and claims against the Township which have been audited
and approved as hereinabove set forth shall be ordered paid by resolution
of the Township council. Upon the approval of the resolution by the
Township council, all checks in payment of the bills and claims shall
be signed by the municipal manager and countersigned by the Township
director of finance. In the event that a bill or claim has been marked
"disapproved" by a department head, director of finance or municipal
manager, and the claim has been ordered to be nevertheless paid pursuant
to the statute in such case made and provided, that fact, and the
date of such action, shall be noted on the bill or claim.
[New; Ord. No. 94-9; Ord. No. 96-28; Ord. No.
96-37; Ord. No. 40-03; Ord. No. 17-2004; Ord. No. 1-05; Ord. No. 4-2007; Ord. No. 4-2009; Ord. No. 16-2010]
[Ord. #73-15, S1; Ord. #93-03; Ord. #21-2000; Ord. #1-05;
Ord. #6-05; Ord. #16-2010, SI]
a. $.05 per page for letter sized paper (8 1/2" x 11").
b. $.07 per page for legal sized paper (8 1/2" x 14").
c. Actual postage for any discovery sent by mail.
d. $.04 for the envelope for any discovery sent by mail.
e. Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
f. Duplication of audiotapes, videotapes and/or compact disks constitute
an extraordinary duplication process and will be charged as follows:
audiotapes and compact discs shall be charged at $2 and videotapes
shall be charged at $3.
g. On any item that cannot be photocopied on the Township copy machine
or not otherwise provided for in this schedule, the actual cost incurred
in making the copy shall be charged.
h. The actual cost of duplicating the record shall be the cost of materials
and supplies used to make a copy of the record, but shall not include
the cost of labor or other overhead expenses associated with making
the copy except as provided for below. If a Township can demonstrate
that its actual costs for duplication of a government record exceed
the foregoing rates, the Township shall be permitted to charge the
actual cost of duplicating the record.
i. Whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this subsection is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or involves an extraordinary expenditure of time and
effort to accommodate the request, the Township may charge, in addition
to the actual cost of duplicating the record, a special service charge
that shall be reasonable and shall be based upon the actual direct
cost of providing the copy or copies; provided, however, rates for
the duplication of particular records when the actual cost of copying
exceeds the foregoing rates, the requestor shall have the opportunity
to review and object to the charge prior to it being incurred.
j. A custodian shall permit access to a government record and provide
a copy thereof in the medium requested if the Township maintains the
record in that medium. If the Township does not maintain the record
in the medium requested, the custodian shall either convert the record
to the medium requested or provide a copy in some other meaningful
medium. If a request is for a record: (1) in a medium not routinely
used by the Township; (2) not routinely developed or maintained by
the Township; or (3) requiring a substantial amount of manipulation
or programming of information technology, the agency may charge, in
addition to the actual cost of duplication, a special charge that
shall be reasonable and shall be based on the cost for any extensive
use of information technology, or for the labor cost of personnel
providing the services, that is actually incurred by the Township
or attributable to the agency for the programming, clerical, and supervisory
assistance required, or both.
Where the municipal court discovery must be obtained from an
entity other than the Township of Scotch Plains, e.g. another police
department, the actual costs paid to the other entity shall be paid
by the requestor.
[Ord. #73-15, S2]
The viewing or reviewing of reports or of photographs of accident
reports shall be permitted and conducted at police headquarters daily,
Monday through Friday from 8:00 a.m. to 4:00 p.m.
[Ord. #73-15, S3]
No search fee shall be charged in the event that a report or
photograph is not on file with the police department nor for any report
for which a formal request is made by any local, county, State or
Federal Law Enforcement Agency or by the Federal Postal Authorities.
[Ord. #73-15, S4]
The police department shall issue a receipt for all fees and
monies received for the services extended or materials furnished as
hereinabove provided. All monies received shall be turned over to
the Township treasurer.
[Ord. #73-16, S1; Ord. #99-16, S3; Ord. #21-2000; Ord. #18-02,
SS1—4; Ord. #26-2005, SS, 3; Ord. #13-2008; Ord. #6-2009; Ord.
#2013-10; Ord. No. 2016-13]
a. Definitions. As used in this section:
1. SPECIAL ESCORT SERVICE — Shall mean the provisions of Special
Police Protection for any person, firm or corporation, public or private,
for the purpose of transporting money or other valuable goods within
the boundary of the Township.
2. REQUESTING AGENCY — Shall mean any person, firm or corporation,
public or private, desiring to use such special escort service.
b. Effective January 1, 1973, the cost of special escort service rendered
by the police department to any person, firm or corporation, public
or private, is hereby fixed at $15 per round trip, from a single source
of origin to a single destination.
c. The desk officer shall record all requests received for escort service
and shall file daily reports with the Chief of Police. The Chief of
Police shall cause monthly bills to be forwarded to each requesting
agency detailing the date, destination and total cost. All bills are
payable before the tenth day of the following month. Failure of the
using agency to pay the monthly bill in accordance with the terms
of this section will constitute grounds for the termination of such
escort service until all bills are satisfied. Checks in payment shall
be made payable to the Police Department, Township of Scotch Plains.
A report of receipts and a check representing total receipts shall
be filed with the Township treasurer on a monthly basis.
d. The Township council may, by resolution, waive the fees required
under this subsection for the following:
1. Religious organizations holding regular services in the Township.
2. Public schools under the jurisdiction of the Scotch Plains-Fanwood
Board of Education.
e. Rates for extra duty police assignments.
1. The need often arises for members of the Scotch Plains Police Department
to be working in the Township in the interests of our taxpayers on
extra duty police assignments that are paid for by private parties.
2. Statement of findings. Rules have been promulgated by the Division
of Pensions in the New Jersey Department of Treasury as to what steps
need to be taken for police officers to be hired for extra duty or
outside employment of a security or law enforcement nature in the
community. The need for extra duty assignments is clear in work that
needs to be done including but not limited to board of education athletic
activities, traffic control at Union County Vocational/Technical Institute,
traffic control at construction sites, and other duties as assigned
by the Chief of Police.
3. Rates. The Township Council of the Township of Scotch Plains ordains
that in order to comply with the guidelines for extra duty police
assignments, the following rate schedule will be in effect as follows:
Union County Vo-Tech Side Job Rate
|
$44 per hour
|
Security jobs
|
$50 per hour
|
Construction jobs
|
$70 per hour
|
Any hours beyond eight hours per day the rate of pay is one
and one-half times the hourly rate set forth above. By way of example:
|
$50 X 1.5 = $75
|
$70 x 1.5 = $105
|
Construction related work has either four hours or eight hours
minimum time.
|
Emergency rates of $90/hr. for escort service within four hours
of start of job. [Amended 3-20-2018 by Ord. No. 2018-7; 11-20-2018 by Ord. No. 2018-36]
|
$100 per day for police vehicle use for any extra duty assignment
that requires same. [Ord. No. 2016-13]
|
4. Administrative fee. In addition to the rates established in Subsection e3, above, an administrative fee of 4% and the contracted administrative fee of the third-party scheduler to process all extra duty jobs shall be added to the total fees charged for all police services provided for in this §
2-25.5. For all other police services, including traffic details, an administrative fee of 12.5%, and the contracted administrative fee of the third-party scheduler to process all extra duty jobs shall be added to the total fees charged.
[Ord. No. 2016-13; amended 3-20-2018 by Ord. No. 2018-7; 11-20-2018 by Ord. No. 2018-36]
5. Designation of assignments. The Chief of Police is authorized to
make assignments for extra duty work so that personnel are clearly
under the direction and supervision of the department.
[Ord. No. 2016-13]
6. Cancellation
of extra duty work made less than four hours of start of said job
shall result in the scheduled officer to be paid for a minimum of
four hours.
[Added 3-20-2018 by Ord. No. 2018-7; amended 11-20-2018 by Ord. No.
2018-36]
[New; Ord. #94-9]
The following fees are hereby fixed and established for certain
services extended, and materials distributed by the engineering department:
a.
|
Plan and profile sheets of available originals and filed maps
(24" x 36") (other sizes priced at $1.25/square foot)
|
$5
|
b.
|
Tax Map sheets
Individual sheet
|
$5
|
|
Entire set (165 sheets plus 3 indexes)
|
$840
|
c.
|
Aerial topography (26" x 38")
|
$8
|
d.
|
Zoning Map (1" = 500')
|
$20
|
The engineering department shall issue a receipt for all fees
and money received for the services extended or materials furnished
as hereinabove provided. All monies received shall be turned over
to the Township Engineer.
a. $.05 per page for letter sized paper (8 1/2" x 11").
b. $.07 per page for legal sized paper (8 1/2" x 14").
c. Actual postage for any discovery sent by mail.
d. $.04 for the envelope for any discovery sent by mail.
e. The actual cost of duplicating the record shall be the cost of materials
and supplies used to make a copy of the record, but shall not include
the cost of labor or other overhead expenses associated with making
the copy except as provided for below. If a Township can demonstrate
that its actual costs for duplication of a government record exceed
the foregoing rates, the Township shall be permitted to charge the
actual cost of duplicating the record.
f. Whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this subsection is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or involves an extraordinary expenditure of time and
effort to accommodate the request, the Township may charge, in addition
to the actual cost of duplicating the record, a special service charge
that shall be reasonable and shall be based upon the actual direct
cost of providing the copy or copies; provided, however, rates for
the duplication of particular records when the actual cost of copying
exceeds the foregoing rates, the requestor shall have the opportunity
to review and object to the charge prior to it being incurred.
g. A custodian shall permit access to a government record and provide
a copy thereof in the medium requested if the Township maintains the
record in that medium. If the Township does not maintain the record
in the medium requested, the custodian shall either convert the record
to the medium requested or provide a copy in some other meaningful
medium. If a request is for a record: (1) in a medium not routinely
used by the Township; (2) not routinely developed or maintained by
the Township; or (3) requiring a substantial amount of manipulation
or programming of information technology, the agency may charge, in
addition to the actual cost of duplication, a special charge that
shall be reasonable and shall be based on the cost for any extensive
use of information technology, or for the labor cost of personnel
providing the services, that is actually incurred by the Township
or attributable to the agency for the programming, clerical, and supervisory
assistance required, or both.
The following fee is hereby fixed and established for a zoning
ordinance map distributed by the Township Clerk. All monies received
shall be turned over to the director of finance:
a. Zoning ordinance and map: $25.
[Amended 4-16-2019 by Ord. No. 2019-6]
The following fees are hereby fixed and established for certified
copies of records of vital statistics by the registrar of vital statistics.
All monies received shall be turned over to the director of finance:
a.
|
Death record
|
$10 per copy
|
b.
|
Birth record
|
$10 per copy
|
c.
|
Marriage record
|
$10 per copy
|
d.
|
Certificate of domestic partnership
|
$10 per copy
|
e.
|
Certificate of civil union
|
$10 per copy
|
f.
|
Processing for corrections
|
$25
|
a. Preamble. N.J.S.A. 37:1-13 provides that the Mayor or designee, when
authorized by the Mayor, is authorized to solemnize marriage or civil
union between such persons as may lawfully enter into the matrimonial
relation or civil union.
The Division of Local Government Services, has recognized that
although authority for the conduct of marriage and civil union ceremonies
is set forth in N.J.S.A. 37:1-13, no statute exists that specifically
provides for the collection of fees for the performance of such ceremonies.
The aforesaid Division of Local Government Services has issued
guidelines for the collection of such fees for marriage and civil
union ceremonies, upon adoption of an ordinance fixing such fees in
accordance with N.J.S.A. 40:48-1, including a schedule of fees for
out-of-pocket expenses; and, that in such case, the fee fixed by the
municipality for the performance of such ceremonies and out-of-pocket
expenses, shall be paid to the municipality, and deposited into the
municipality's current fund.
The guidelines provide for reimbursement of out-of-pocket expenses
to the Mayor performing any marriage or civil union from appropriate
budget line items; and
The Mayor and council of the Township of Scotch Plains does
hereby determine that when the Mayor or designee of the Township of
Scotch Plains performs such services, he should be reimbursed for
out-of-pocket expenses only.
[Amended 4-20-2021 by Ord. No. 2021-8]
b. Establishment of fee.
1. A fixed fee in the amount of $150 is hereby established for the performance
of a marriage or civil union by the Mayor or deputy Mayor at the Township
Municipal Building.
2. For ceremonies performed on weekends or holidays or other locations
outside of the Township Hall, said fee as in Subsection b1 is $200.
3. All fees shall be payable to the Township, collected by the Clerk
or by the Mayor or deputy Mayor performing the ceremony, and deposited
in the Township's current fund.
[Added 7-24-2018 by Ord. No. 2018-21]
Advertising and Public Relations Photography -Still or Video
|
---|
Commercial Organizations
|
|
---|
Half day - up to 4 hours
|
|
1 - 12 person crews
|
$250
|
13 - 50 person crews
|
$500
|
Full day - 5 - 8 hours
|
|
1 - 12 person crews
|
$500
|
13 - 50 person crews
|
$1,500
|
Full day plus - 8 - 12 hours
|
|
1-12 person crews
|
$750
|
13 - 50 person crews
|
$2,000
|
Educational/public service
|
|
Announcement - full day (5 - 8 hours)
|
$50
|
Announcement - full day plus (8 - 12 hours)
|
$100
|
Student production
|
N/C
|
Note: All photo/video shoots subject to OT and police cruiser
costs for police coverage if deemed necessary by Scotch Plains Police
Department.
|
[Ord. No. 77-11; Ord. No. 87-9]
The Township of Scotch Plains enters into agreements at various
times for construction contracts, materials purchases and equipment
rentals throughout the Township; and change orders are required from
time to time in connection with the aforesaid operations. It would
be in the best interest of the Township if the Township manager were
given authority by the council to approve change orders on any contract,
which change order is not in excess of $5,000.
Upon the recommendation of the appropriate municipal department
head, the Township manager is hereby authorized to accept and approve
change orders in an amount not to exceed $5,000 on behalf of the Township
on any contract without prior council approval subject to all the
requirements of N.J.A.C. 5:30-14.4. All change orders in excess of
$5,000 shall be approved by resolution of the Township council which
resolution shall authorize the Mayor and Clerk to sign a written amendatory
contract.
All change orders shall conform to N.J.A.C. 5:30-14.4. The procedure
for all change orders shall be as follows:
a. Each change order shall be in writing and shall be numbered consecutively
(beginning with number 1) for each project or contract.
b. Each change order shall indicate the amount of the proposed change,
the original total contract price and the total amount of all previous
changes.
c. Each change order increasing costs must be certified as to the available
funds by the director of finance.
d. Each change order shall be signed by the contractor or vendor, the
appropriate department head, the municipal manager and the Mayor.
e. Each change order and/or amendatory contract must be reviewed and
approved by the municipal attorney.
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay to a claimant any claim in excess
of $2,500 for fire damages on any real property located within the
Township pursuant to any fire insurance policy issued or renewed after
the adoption of this section and the filing of this section with the
State Commissioner of Insurance, until such time as:
a. All taxes and assessments and all other municipal liens or charges
due and payable appearing on the official certificate of search for
municipal liens pursuant to N.J.S.A. 54: 5-12 shall have been paid
either by the owner of such real property or by the insurance company;
or
b. The municipality submits to the insurance company a copy of a resolution adopted pursuant to Subsection
2-27.2, 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 N.J.S.A. 54: 3-21, the insurance company shall withhold 75 percent of the full amount of the lien or charge being contested pending termination of all proceedings.
The Township council may, by resolution, enter into an agreement with the owner of any fire damaged property situated in the Township to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54: 5-19 or for the redemption of a tax sale lien by installment payments pursuant to Article 7 of Chapter
5 of Title 54 of the Revised Statutes of New Jersey, if the Township council is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property.
In the event of such resolution, a certified copy of the resolution
shall be sent to the insurance company authorizing the insurance company
to make full payment on the claim to the insured.
Notwithstanding the provision of Subsection
2-27.1 an insurance company may pay proceeds of a fire insurance policy to a mortgagee of fire damaged real property where the fire insurance policy at the time of the loss listed the mortgagee as named insured; provided the payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
There is hereby established a mutual aid agreement with all
other municipalities in Union County, New Jersey who adopt a reciprocal
ordinance to provide mutual police aid in case of emergency. This
agreement shall apply whenever the Township of Scotch Plains may have
an emergency within Its boundaries requiring additional police assistance
to protect life and property or to assist in suppressing a riot or
disorder: and whenever another municipality in this county who has
enacted a reciprocal ordinance may experience a similar emergency
requiring additional police assistance.
The Chief of Police or his designee. Is authorized to request
assistance from the chief or head of the police department of another
municipality within Union County to provide aid during and after said
emergency.
The Chief of Police or his designee of the Scotch Plains Police
Department shall provide assistance to another municipality or municipalities
in Union County, making a valid request to supply such personnel and
equipment as required to the extent possible without endangering person
or property within the Township of Scotch Plains. The members of the
police department who supply aid shall have the same powers, authority,
rights and immunities of the members of the police force of the municipality
to which assistance is rendered.
The Township of Scotch Plains shall, upon providing assistance
to another municipality who has enacted a reciprocal mutual aid ordinance,
assume the cost and expense of providing its personnel and equipment
to the requesting municipality, except in such instances when the
requesting municipality receives State or Federal aid by way of reimbursement.
In such circumstances the cost incurred shall be submitted to the
community requiring assistance.
Members of the Scotch Plains Police Department suffering injury,
or their legal representatives, if death results, while rendering
assistance in another municipality, shall be entitled to all such
benefits they would have realized if injury or death had occurred
in the performance of normal duties in the Township of Scotch Plains.
A copy of this section shall be transmitted to the municipal
Clerk of each municipality within the County of Union no later than
five business days following adoption. The Scotch Plains Township
Clerk shall maintain a record of all such ordinances adopted by other
municipalities within the County of Union.
The manager shall appoint school crossing guards as required
for a term not exceeding one year, or temporarily to perform special
school crossing duties. Such persons shall be known as school crossing
guards. They shall be subject to orders and directions of the Chief
of Police. Such school crossing guards shall receive no compensation
except as authorized by the Township council. All school crossing
guards must meet the qualifications of N.J.S.A. 40A:9-154.1, or any
amendments or successor statutes thereto, and their authority and
power shall be limited as set forth in that statute or its amendments
or successors. The school crossing guards shall be subject to any
examination required under the laws of the State of New Jersey.
The Mayor and Township Clerk are hereby authorized and directed
to enter into the attached contract with the New Jersey Housing and Mortgage Finance Agency
(N.J.H.M.F.A.) for the purpose of the N.J.H.M.F.A. administering the
affordable controls of Scotch Plains Township's low/moderate income
inclusionary developments.
The Township manager or his designated agent is hereby appointed
as staff liaison to the N.J.H.M.F.A. or the Department of Community
Affairs of the State of New Jersey, as applicable, for the purpose
of coordinating the implementation of the attached contract.
Pursuant to N.J.S.A. 40:8A-1, et seq. and N.J.S.A. 2A:8-18.2,
the Mayor and Township Clerk are hereby authorized to enter into the
attached interlocal agreement for services of a court administrator between the Township
of Scotch Plains and the Borough of Fanwood.
An ordinance banning the use of the municipal building for political
fund-raising.
Whereas, political contributions have a profound impact on government
decision making. Our laws in New Jersey do not presently ban solicitation
or acceptance of contribution by public office holders and employees
while on public property or by use of public facilities. A conflict
may arise between the business of political fund-raising and the business
of government in town hall, and this may cause a distraction from
the people's business. The most appropriate method to prevent this
conflict and to insure the integrity of government decisions is the
prohibition of political fund-raising in town hall.
It is accordingly found and determined that the paramount public
interest in a clean and accountable government requires the prohibition
of political fund-raising in Town Hall, 430 Park Avenue, Scotch Plains,
New Jersey.
a. CANDIDATE — Shall mean any individual seeking election to a
public office of the Federal government, State, county, municipality,
school district or political organization at an election.
b. CONTRIBUTION — Shall mean all loans and transfers of money
or other things of value to or by any candidate, elected official
or political organization and all pledges or other commitments or
assumptions of liability to make any such transfer. Contributions
shall be deemed to have been made upon the date when such commitment
is made or liability assumed.
c. POLITICAL ORGANIZATION — Shall include but is not limited to
two or more persons acting jointly, or any corporation, partnership
or any other incorporated or unincorporated association which among
other things, is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for Federal, State,
county, municipal or school board office and/or passage or defeat
of any public referendum/ballot question, ordinance, resolution or
other public question. "Political organization" includes, but is not
limited to, organizations otherwise defined as "political committee,"
joint candidates committee," and "legislative leadership committee,"
and/or any other group or association formed for purposes identified
herein.
d. MUNICIPALITY — Shall mean this municipality, any other officer,
department, board, commission, or agency thereof.
e. MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE — Shall mean any
person holding elective municipal office or holding an appointed position
in the municipal government, or in any agency, commission, board,
or office thereof, whether the position is full time or part time.
f. SOLICIT — Shall mean to seek by oral or written communication
a contribution as defined herein.
g. TOWN HALL/MUNICIPAL BUILDING — Shall mean the building located
at 430 Park Avenue, Scotch Plains, New Jersey.
a. Prohibition Against Soliciting or Accepting Political Contribution
in Town Hall.
1. No municipal official, employee, or appointee may solicit, commit
to pay, or receive payment of, or a commitment to pay any contribution
for any candidate, elected official or political organization while
in Town Hall, the Township of Scotch Plains located on 430 Park Avenue,
Scotch Plains, New Jersey.
b. Prohibited Forms of Fundraising.
1. Prohibited forms of fund-raising shall include but are not limited
to:
(a)
Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
(b)
Soliciting or accepting contributions using personal telephones
in town hall.
(c)
Soliciting or accepting contributions through the use of publicly-owned
computers or privately owned personal computers while in town hall.
(d)
Using municipal letterhead to solicit or accept contributions.
(e)
Sending correspondence, which solicits contributions.
(f)
Face-to-face soliciting of an individual or an owner or representative
of a business entity while in town hall.
(g)
Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
c. Whistleblower Provision. It shall be unlawful for any employee, elected
official, or appointee to be dismissed, reprimanded, retaliated against
or otherwise intimidated for reporting such conduct identified herein
to the local ethics board.
d. Violation. A complaint for a violation of this section shall be filed
with the Clerk of the municipal court under this section and the penalty
for the violation of this section shall be a fine of not less than
$100 and not more than $500.
a. The Township
deems it appropriate and necessary to act to ensure retention of existing
members and to provide them incentives for recruiting new volunteer
members for the Scotch Plains Rescue Squad (SPRS) and the Scotch Plains
Fire Department (SPFD); and
b. The Township has determined that the creation of a length of service
awards program (LOSAP) will enhance the ability of the Township to
retain and recruit volunteer SPRS and SPFD members.
A length of service awards program (LOSAP) is created in accordance
with Chapter 398 of the Laws of 1997, to reward active volunteer members
of the SPRS and the SPFD for their loyal, diligent and devoted services
to the residents of the Township.
a. The LOSAP shall provide for fixed annual contributions to a deferred
income account for each active volunteer member of the SPRS and the
SPFD that meets the criteria set forth below or hereafter provided
by amendment to this section.
b. Such contributions shall be made in accordance with a plan established
by the Township and administered in accordance with the laws of the
State of New Jersey, the U.S. Internal Revenue Code, and this section.
The LOSAP shall provide annual contributions to each eligible,
active volunteer member of the SPRS and the SPFD that meets the criteria
as follows:
a. The number of points required for an active year of service for an
active SPRS volunteer is 100 points and for an active SPFD member
is 35 points.
b. An active volunteer member of the SPRS shall not be eligible if on
probation or, in the case an active volunteer member of the SPFD shall
not be eligible if on probation or inactive status.
c. Paragraphs a and b are, as determined by the by-laws and/or other
governing documents of the SPRS or the SPFD, as the case may be, and/or
the officers of each respective organization.
d. Any new active volunteer member of the SPRS or the SPFD, shall not
become eligible to participate in the LOSAP until the next calendar
year after coming off probation in the SPRS or SPFD, or no longer
on inactive status in the case of the SPFD only. Members who are on
active status as of January 1 of any year shall be eligible.
e. Current active volunteer members, as of the date that the voters
approve the LOSAP, shall become immediately eligible to participate
in the LOSAP.
f. Any active volunteer member of the SPRS or the SPFD who obtains the
required points set out in paragraph a above will receive $1,150 deferred
contribution for his/her active volunteer status on the SPRS and SPFD,
as the case may be.
g. No person who is an active volunteer member of both the SPRS and
the SPFD shall be permitted to receive deferred contribution for his/her
active status in said organizations for more than $1,150.
h. Any active volunteer member of either the SPRS and/or the SPFD, who
is receiving a public pension from or through the State of New Jersey,
shall be permitted to receive such deferred contribution unless otherwise
prohibited by law.
[Ord. No. 16-01 § 5]
The LOSAP shall not provide for contributions for prior services
by any active volunteer member of the SPRS or the SPFD.
[Ord. No. 16-01 § 6]
The estimated costs of the program have been calculated as $95,450
per year.
[Ord. No. 16-01 § 7; Ord. No. 2017-19]
Each active volunteer member shall be credited with points for
volunteer services provided to the SPRS and/or the SPFD in accordance
with the attached schedules.
[Ord. No. 16-01 § 8]
The attached ballot question and explanatory statement shall
be submitted to the Clerk of Union County for the purpose of presenting
said ballot question to the voters of the Township at the next general
election to be held on November 6, 2001.
The purpose of this section is to establish the Scotch Plains-Fanwood
Municipal Alliance Committee whose mission is to provide consultation,
programs, training, and resources to the communities of Scotch Plains
and Fanwood with the goal of preventing and reducing the use and abuse
of alcohol, tobacco, and other vices or dangers.
There is hereby established in the Township of Scotch Plains
a permanent committee to be known and designated as the "Scotch Plains-Fanwood
Municipal Alliance Committee" (hereinafter referred to as "MAC").
The MAC shall hold an annual organizational meeting, shall hold regular
open public meetings in accordance with New Jersey Law, shall publish
an agenda for each MAC meeting, shall adopt bylaws, shall keep minutes
of all MAC meetings, shall permit public comment at meetings, and
shall have a quorum of MAC members prior to action being taking by
the MAC at its public meetings. The MAC shall operate in accordance
and in compliance with all applicable New Jersey Laws governing the
conduct of public entity finance, including, but not limited to, the
Local Public Contracts Law, the Local Budget Law, the Local Fiscal
Affairs Law, and all applicable Directives issued by the Local Finance
Board.
Membership of the MAC shall include a broad representation from
the communities of the Township of Scotch Plains and Borough of Fanwood,
including but not limited to the following:
a. Representatives appointed by Mayors of Township of Scotch Plains
and Borough of Fanwood;
b. The Chiefs of Police of the Township of Scotch Plains and Borough
of Fanwood or its designees;
c. The President of the Board of Education of Scotch Plains-Fanwood
schools or its designee;
d. The superintendent of Scotch Plains-Fanwood schools or its designee;
e. District substance awareness coordinator;
f. Representation of the parent-teacher association; President, past
President, chemical dependency committee;
g. Representation from the Scotch Plains and Fanwood Chambers of Commerce
including, but not limited to, local business and industry representatives;
h. Representation from Scotch Plains-Fanwood Education Association;
i. Representation from the SPF school district supervisors and administrators
units;
j. Representatives of the Scotch Plains and Fanwood court systems;
k. Representative of local mental health agencies, local treatment and
prevention providers;
l. Representative of local civic organizations;
m. Representative of local religious group;
n. Private citizens to include youth and adults; students from local
public and non-public schools;
o. Representatives of adults and youth recovering from drug and alcohol
abuse;
q. Representatives from non-public schools within the community;
r. Community representatives for programs or organizations specific
to drug and alcohol prevention and intervention as needed.
The responsibilities and powers of the MAC shall be as follows:
a. To create a network of community leaders, private citizens, and representatives
from public and private human services 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 all ages along the developmental life processes.
b. To conduct an assessment of their community to determine the needs
of the community in relation to alcoholism and drug abuse issues.
c. To identify existing efforts and services acting to reduce alcoholism
and drug abuse.
d. To coordinate projects within the Township to avoid fragmentation
and duplication.
e. To seek program proposals from the community or to develop programs
to be implemented at the municipal level, or to participate in regionally
developed programs that accomplish the purpose of the MAC effort and
the purpose of the MAC Executive Committee.
f. To assist the Township in acquiring funds for MAC programs.
g. To cooperate with the Governor's Council on Alcoholism and Drug Abuse,
the County Local Advisory Committee on Alcoholism and Drug Abuse and
the alliance steering subcommittee to provide municipal data, reports
or other information which may be required for the County Annual Municipal
Alliance Plan or needed to assist the alliance effort.
It is the intent and purpose of this section to provide for
the indemnification and defense of actions against certain present
and former public officials and employees as described herein.
For the purposes of this section, unless the context clearly
indicates a different meaning, the following words and phrases shall
have the meanings set forth:
INSURANCE
Shall mean coverage afforded by insurance policies of every
kind, whether the premiums be paid by the Township, the municipal
official or someone on their behalf.
MUNICIPAL OFFICIAL
Shall mean any present or former officer or official, employee,
Council member, Mayor, board member or other individual appointed
or hired by the Mayor or the Township council or the Township administrator,
whether full or part time. The term shall also include any volunteer
serving the Township on the recreation commission or as a coach or
assistant on a team organized under the auspices of the recreation
commission, volunteer firefighter(s) and volunteer rescue squad member(s),
if any. The terms shall also include any person elected by the voters
to fill any official position in the Township or any person subsequently
appointed to fill such position. A municipal official is not, for
the purposes of this section, intended to include independent contractors
or expert consultants, be it professional or otherwise.
The Township shall provide for the defense of any action brought against a municipal official on account of any act or omission arising out of or incidental to the performance of their duties, and this obligation shall extend to any cross action, counterclaim, crossclaim, cross compliant or third party complaint against such municipal official, unless excepted by the terms of Subsection
2-35.4.
The Township shall not be required to provide any defense when
the Township council determines that:
a. The act or omission was not within the scope or incidental to the
normal course of duty of the public official;
b. The act or failure to act was the result of actual fraud, actual
malice, willful misconduct or an intentional wrong;
c. The defense of the action or proceeding is provided for by an insurance
policy or policies, whether obtained by the Township or by any other
person or entity;
d. Where the action has been brought by the municipality itself against
the public official, or where the action is a criminal proceeding;
e. Where the public official has failed to provide to the Township within
15 calendar days after the time the public official is served with
any summons, complaint, process, notice, demand or pleading, the original
or copy thereof;
f. Where the public official has failed to cooperate fully with the
defense.
The Township may provide any defense required of it under this
section through the office of the Township Attorney or by employing
other counsel. The Township shall in no event be responsible for the
cost of attorney's fees incurred by anyone unless it shall agree in
writing to the terms of the representation.
Whenever the Township provides any defense required of it under
this section, the Township, through counsel, may assume exclusive
control over representation of the public official, and such official
shall cooperate fully with the defense.
a. In any case where the Township is required to provide a defense under
this section, the Township shall pay or shall reimburse the public
official for the following:
1. Any bona fide settlement agreement entered into by the Township on
behalf of the employee.
2. Any judgment entered against the employee.
b. In addition, in any case where the Township would be required to provide a defense under this section, except for the fact that such defense is provided for by insurance, either through a policy of the Township or the individual or through any other entity, the Township shall provide indemnification as aforesaid, but only to the extent that liability exists which is not covered by insurance and not excepted by the terms of Subsection
2-35.4.
c. In addition to the above, the Township shall indemnify public officials
as defined herein for exemplary or punitive damages, provided that
the acts committed by the Township official upon which said damages
are based, did not constitute actual fraud, actual malice, willful
misconduct or an intentional wrong.
The obligations as described herein requiring the municipality
to provide a defense and indemnify certain public officials shall
be retroactive to the extent that any pending claims, complaints,
pleadings against public officials as defined shall be covered under
this section, and the Township shall immediately assume the defense
and provide indemnification.
[Ord. No. 2011-16]
The Schedules referred to herein may be found on file in the
office of the Township Clerk.
The purpose of this section is to set forth the rules and regulations
governing the administration and application of the Volunteer Tuition
Credit Program ("program") pursuant to N.J.S.A. 18A:71-78.1 et seq.
Active members in good standing, their spouses and dependent
children, of the Township of Scotch Plains' Volunteer Fire Companies
and First-Aid and Rescue Squads are eligible to obtain tuition credit
under the program. A dependent child shall be defined as any student
who does not meet any of the eligibility criteria listed in N.J.A.C.
9A:9-2.6(a) or (b) for independent student status. Volunteers must
agree to serve as a member of a volunteer organization for a minimum
of four years to be deemed eligible for the program.
a. Tuition funds shall be provided for postsecondary courses on a tuition-credit
basis in specific learning institutions such as county colleges, county
vocational schools or county technical institutes.
b. Each eligible volunteer, his or her spouse or dependent child shall
be eligible to receive tuition credit in the amount of $600 per year,
not to exceed a maximum amount of $2,400 over a four-year service
period, provided that classroom space is available and that tuition-paying
students constitute the minimum number required for the course.
a. The Municipal Manager, or his or her designee, shall administer the
program in the Township of Scotch Plains and shall enter into any
and all agreements necessary and maintain files of all documents as
may be required pursuant to N.J.S.A. 18A:71-78.1 et seq.
b. Members of Scotch Plains Fire Companies and First-Aid and Rescue
Squads shall apply for program benefits from the office of the municipal
manager or his or her designee.
Eligible members of the Scotch Plains Fire Companies or the
First-Aid and Rescue Squads must sign a service pledge agreement form
(See Schedule A), pledging four years of service, to be counter-signed
by the head of the volunteer organization. The eligible member shall
file same with the office of the municipal manager or his or her designee.
Following each year of active volunteer services, the volunteer
organization must provide the municipal manager or his or her designee
with a verification of service performed (See Schedule B) or a blanket
verification of service performed (See Schedule C), confirming that
the volunteer has been a member in good standing for the past 12-month
period. The first request for the letter of verification may come
at any time after a volunteer has earned one year of service.
[Ord. #2011-16]
Upon verification, the municipal manager, or his or her designee,
shall issue a certificate of authorization (See Schedule D) to be
presented to the learning institution by the volunteer or eligible
family member(s) during the enrollment period. Only the original form
shall be accepted. The certificate of authorization is an "original
only" document. In the event of its loss, it is not replaceable.
[Ord. #2011-16]
If registration is authorized, the learning institution will
debit the tuition amount of the course on the lower portion of the
certificate and maintain a running balance for other courses taken
during the year.
[Ord. #2011-16]
Enrollment is limited to those classes where space is available
and tuition-paying students constitute the minimum number required
for the course. The institution may wait until the last day of registration
to determine space availability.
[Ord. #2011-16]
Upon completion of each semester or course cycle, the student
must submit a transcript to the municipality, which becomes part of
the permanent file kept by the municipal manager or his or her designee.
[Ord. #2011-16]
A student must maintain a grade of "C," "2.0" or "pass" in the
courses taken under the program to continue eligibility.
[Ord. #2011-16]
The Township of Scotch Plains assumes no responsibility for
the requisitioning of any supportive documents.
[Ord. No. 2016-28]
Salaries, wages or compensation to be paid to the officers and
employees of the Township of Scotch Plains, including the members
of the governing body, shall be established by ordinance in accordance
with N.J.S.A. 40A:9-165.
[Ord. No. 2016-28]
The Township Council may establish reasonable salary ranges
within a salary ordinance. If a salary for a particular position is
established by a range, then the specific salary for an officer, employee
or position may be fixed by resolution of the Township council.
[Ord. No. 2015-1 § 1]
The definitions contained in N.J.S.A. 40A:21-1, et seq. are
incorporated by reference as if set forth at length. As used in this
section, words shall have the same meaning as so defined unless a
different meaning is expressed.
[Ord. No. 2015-1 § 2]
The Township of Scotch Plains hereby authorizes the utilization
of tax exemption and abatement in accordance with Article VIII, Section
I, Paragraph 6, of the New Jersey Constitution and establishes the
eligibility for multiple dwellings constructed within the Exemption
Area for five-year tax exemptions and abatements as authorized by
N.J.S.A. 40A:21-1, et seq., subject to the terms, conditions, and
requirements of this section.
[Ord. No. 2015-1 § 3]
a. Multiple dwellings within the Exemption Area shall be eligible for
tax exemption and abatement commencing with the completion of a multiple
dwelling. Any such exemption or abatement shall be subject to the
developer and the Township entering into a tax agreement as provided
by N.J.S.A. 40A:21-10. For the purposes of this section, "completion
of the project" means the date that the Township issues a certificate
of occupancy for the specific multiple dwelling unit that is to be
the subject of a tax exemption or abatement under this section. The
terms of the tax exemption are to be further defined in a tax agreement
between the Township and the developer of multiple dwelling units
in the Exemption Area.
b. An applicant for an exemption or abatement under this section shall
furnish to the Township an application setting forth the information
required by N.J.S.A. 40A:21-9. Once the application has been approved
the Township council shall thereafter adopt an ordinance authorizing
a tax agreement for a particular project. No tax exemption or abatement
shall be granted unless such tax agreement is approved by resolution
of the Township council on an individual basis after review, evaluation,
and approval of such tax agreement for compliance with the terms of
this section and the underlying statute, rules and regulations.
c. The tax agreement shall provide for the applicant (or its successors,
as the case may be) to pay to the Township in lieu of full property
tax payments a five-year phase-in of real estate taxes otherwise due
in accordance with N.J.S.A. 40A:21-10(c) (as modified according to
this section), commencing as to each multiple dwelling unit on the
date of issuance of a temporary or permanent certificate of occupancy
for such unit, based on the following schedule:
1. In the first full year after completion a payment in lieu of taxes
in the amount of 55% of the taxes otherwise due;
2. In the second full year after completion, a payment in lieu of taxes
in the amount of 55% of the taxes otherwise due;
3. In the third full year after completion, a payment in lieu of taxes
in the amount of 80% of the taxes otherwise due;
4. In the fourth full year after completion, a payment in lieu of taxes
in the amount of 80% of the taxes otherwise due;
5. In the fifth full year after completion, a payment in lieu of taxes
in the amount of 85% of the taxes otherwise due;
d. Within 30 days after the execution of any such tax agreement, the
Township Clerk shall forward a copy of the agreement to the Director
of the Division of Local Government Services in the Department of
Community Affairs in accordance with N.J.S.A. 40A:21-11.
e. In addition, every applicant shall file the application form prescribed
by the Director of the New Jersey Division of Taxation in the Department
of the Treasury in accordance with N.J.S.A. 40A:21-16, with the Tax
Assessor, as a condition precedent to receiving an abatement for that
multiple dwelling unit prior to, but in no case later than, 30 days,
including Saturdays and Sundays, following the completion of the multiple
dwelling unit which is to be the subject of the tax exemption or abatement
under this section. Every application for exemption or abatement so
filed shall be approved and allowed by the Assessor to the degree
that the application is consistent with the provisions of this section,
provided that the improvement for which the application is made qualifies
as such pursuant to the provisions of this section and the specific
tax agreement. The granting of an exemption or abatement and tax agreement,
if appropriate, shall be recorded and made a permanent part of the
official tax records of the taxing district, which record shall contain
notice of the termination date thereof.
[Ord. No. 2015-1 § 4]
Every application for exemption or abatement and every exemption
or abatement granted shall be subject to all of the provisions of
N.J.S.A. 40A:21-1, et seq. and all rules and regulations issued thereunder.
[Ord. No. 2015-1 § 6]
All tax abatement and exemption agreements shall provide that
the applicant is subject to all Federal, State and local laws and
regulations.
[Ord. No. 2015-1 § 7]
The percentage which the payment in lieu of taxes bears to the
property taxes which would have been paid had an abatement or exemption
not been granted for the multiple dwelling unit under the agreement
shall be applied to the valuation of the multiple dwelling unit to
determine the reduced valuation of the multiple dwelling unit to be
included in the valuation of the Township for determining equalization
for County apportionment and school aid during the term of the tax
abatement agreement covering the multiple dwelling unit.
[Ord. No. 2015-1 § 8]
If, during any tax year prior to the termination of the tax
abatement or exemption agreement, the applicant ceases to operate
or disposes of the multiple dwelling unit(s) or otherwise fails to
meet the conditions of eligibility, the tax otherwise due if there
had been no abatement or exemption shall become due and payable by
the multiple dwelling unit(s)'s owner. The Tax Assessor shall, within
15 days thereof, notify the owner of the multiple dwelling unit(s)
of the amount of taxes due. However, with respect to the sale or other
disposal of the multiple dwelling unit(s) where it is determined that
the new owner of the multiple dwelling unit(s) will continue to use
the multiple dwelling unit(s) pursuant to the conditions which qualified
the multiple dwelling unit(s) initially, no tax shall be due, the
exemption and the abatement shall continue, and the agreement shall
remain in effect.
[Ord. No. 2015-1 § 9]
In the event of default by an applicant receiving an exemption
or abatement under this section, or its successor(s), including but
not limited to the failure to make timely tax or in lieu payments
to the Township, the Township Tax Assessor shall notify the applicant,
or its successor(s) (as the case may be), in writing, of said default.
The applicant or its successor(s) shall have 30 days to cure any default
as to the delinquent multiple dwelling unit(s). Following the 30 day
cure period, the Township shall have the right to proceed against
the delinquent multiple dwelling unit(s) pursuant to the In Rem Tax
Foreclosure Act, N.J.S.A. 54:4-1 et seq., and/or may cancel the tax
agreement as to the delinquent multiple dwelling unit owner(s) upon
30 days notice thereto. Where the delinquent multiple dwelling unit(s)
is/are one of several multiple dwelling unit(s) having received a
tax exemption or abatement under this section by way of the same application
and agreement, e.g., submitted by the original developer of a multiple
dwelling project to cover each multiple dwelling unit within the project,
the fact that the agreement and related exemption or abatement may
be terminated under this section as to that multiple dwelling unit
will not, in any way, affect the eligibility of the remaining multiple
dwelling units as to each multiple dwelling unit(s)'s individual exemption
or abatement, except that where more than one multiple dwelling unit
is owned by one delinquent applicant or multiple dwelling unit owner,
the exemption or exemption and abatement provided under this section
as to all such multiple dwelling units is subject to termination in
accordance with this section unless the delinquency is cured within
the aforementioned cure period by the delinquent applicant or multiple
dwelling unit owner.
[Ord. No. 2015-1 § 10]
At the termination of a tax abatement or exemption agreement,
a project shall be subject to all applicable real property taxes as
provided by State law and local ordinance.
[Ordinance No. 2015-1 is
codified herein as § 2-38) to the State of New Jersey Department
of Community Affairs. Ord. No. 2015-1 § 11]
The Township Clerk is hereby authorized and directed to forward
a certified copy of this Ordinance
[Ord. No. 2015-1 § 12]
No exemption shall be granted for any property for which taxes
or any other municipal charges are delinquent or remain unpaid or
for which penalties for nonpayment are due for a period of at least
one year, or for any property not being used in conformance with local,
State, or Federal ordinance, regulation or statute.
[Ord. No. 2015-1 § 13]
Appeal of any determination made by the Township under the terms
of this section shall be made to the Union County Board of Taxation,
unless a direct appeal to the New Jersey Tax Court is authorized by
law.
[Ord. No. 2017-29]
The purpose of this section is to create the administrative
mechanisms needed for the execution of Scotch Plains' responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 2017-29]
As used in this section, the following terms shall have the
meanings indicated:
ADMINISTRATIVE AGENT
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Scotch Plains to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
Shall mean the employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for Scotch Plains.
[Ord. No. 2017-29]
a. Establishment of position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for Scotch
Plains.
b. The Municipal Housing Liaison shall be appointed by the governing
body and may be a full or part-time municipal employee.
c. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Scotch Plains,
including the following responsibilities which may not be contracted
out, exclusive of item 6 which may be contracted out:
1. Serving as Scotch Plains' primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents,
and interested households;
2. Monitoring the status of all restricted units in Scotch Plains Fair
Share Plan;
3. Compiling, verifying, and submitting annual reports as required by
COAH;
4. Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5. Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6. If applicable, serving as the Administrative Agent for some or all
of the restricted units in Scotch Plains as described in paragraph
f below.
d. The Township of Scotch Plains may contract with or authorize a consultant,
authority, government or any agency charged by the governing body,
which entity shall have the responsibility of administering the affordable
housing program of Scotch Plains, except for those responsibilities
which may not be contracted out pursuant to paragraph c above. If
the Township of Scotch Plains contracts with another entity to administer
all or any part of the affordable housing program, including the affordability
controls and Affirmative Marketing Plan, the Municipal Housing Liaison
shall supervise the contracting Administrative Agent.
e. Compensation. Compensation shall be fixed by the governing body at
the time of the appointment of the Municipal Housing Liaison.
f. Administrative powers and duties assigned to the Municipal Housing
Liaison unless delegated to an approved Administrative Agent.
1. Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of Scotch Plains and the provisions of N.J.A.C. 5:80-26.15; and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2. Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or non-eligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of Scotch Plains when referring households for certification
to affordable units.
3. Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or County Clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4. Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or re-rental.
5. Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air-conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6. Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
7. The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[Added 8-10-2021 by Ord.
No. 2021-21]
In this section, the following words and phrases shall have
the meanings stated in this section unless the context otherwise requires:
APPRENTICE PROGRAM
A registered apprenticeship program recognized by the United
State Department of Labor ("USDOL") and registered by a state apprenticeship
agency recognized by USDOL.
CONTRACTOR
A person or business entity awarded a contract by the Township
of Scotch Plains on a qualified project and shall also mean any subcontractor
of such contractor, including those without direct contractual privity
but who are performing work associated with such qualified project.
EMPLOYEE
Any individual who is employed by a contractor.
FINAL CERTIFICATE OF OCCUPANCY
The certificate that is issued by the Construction Official
of the Township of Scotch Plains from upon completion of the project
indicting that the structure is ready for occupancy.
LABOR ORGANIZATION
An organization which represents, for purposes of collective
bargaining, employees involved in the performance of public construction
projects, that has the present ability to refer, provide or represent
sufficient numbers of qualified employees to perform the contracted
work and has an apprenticeship program.
LABOR PERSON HOURS
The number of hours worked multiplied by the number of employees
performing such work.
PROJECT COMPLETION
The determination by the Township of Scotch Plains, in whole
or in part, is ready for the use intended, which ordinarily shall
mean the date on which the project receives its final certificate
of occupancy.
PROJECT LABOR AGREEMENT (PLA)
A contract between a labor organization and a developer for
construction jobs that contains at a minimum the requirements set
forth in this section.
QUALIFIED PROJECT
The construction, reconstruction, building, altering, repairing,
improving or demolishing of any public structure, facility or improvement
constructed or acquired by the Township of Scotch Plains to house
or provide local government functions and that are paid for, in whole
or part, by the Township of Scotch Plains or the state, or both.
RESIDENT
Any person who currently lives in the Township of Scotch
Plains and who has lived in the Township of Scotch Plains for the
previous 12 months.
SUBSTANTIAL COMPLETION
Any construction project that is not completed but is near
completion by virtue of the project receiving a temporary certificate
of occupancy from the Construction Official of the Township of Scotch
Plains.
TEMPORARY CERTIFICATE OF OCCUPANCY
A certificate that is issued by the Construction Official
of the Township of Scotch Plains when a project has been substantially
completed, provided that such portion or portions may be occupied
safely prior to full completion of the building or structure without
endangering health or safety.
TOTAL CONSTRUCTION COST
All costs, including infrastructure, excluding only land
acquisition costs, incurred to construct a project through the date
of completion, that is, the date the final certificate of occupancy
is issued. Total construction cost shall generally be determined in
accordance with the industry standard of Marshall and Swift Valuation
and including the cost of piling and soil compaction. Total construction
cost must include any construction cost constituting as an element
of total project cost under N.J.S.A. 40A:20-3(h)(4).
TOWNSHIP OF SCOTCH PLAINS
The Mayor, the Township Council, the Township Attorney, and/or
the Township Manager of the Township of Scotch Plains, or any of their
designees.
[Added 8-10-2021 by Ord.
No. 2021-21]
The Township of Scotch Plains, in addition to complying with
the New Jersey Local Public Contracts Law, shall cause any contractor bidding for a qualified project
to submit an affirmation disclosing and agreeing to the following
stipulations:
a. The contractor shall disclose any past federal or state debarments
and any federal, state or local crimes or violations associated with
fraud, theft, environmental law, safety laws, including OSHA, labor
law or human rights.
b. The contractor will make a good faith effort to employ local residents
for completion of the project, when it has a need for new employees,
in an effort to meet a goal of 10% local worker participation on the
project. Good faith effort shall include, but not be limited to: hosting
a public job fair prior to the commencement of the project open to
residents of the Township of Scotch Plains, posting of available employment
opportunities with the Township of Scotch Plains, posting of available
employment opportunities with the applicable government-related employment
agency within the Township of Scotch Plains, employment and training
services, advertisement of employment opportunities in a newspaper
of general circulation throughout the Township of Scotch Plains, and
internet advertisements.
c. The contractor will make a good faith effort to employ minority and
female craftspeople for completion of the qualified project when such
contractor has a need for new employees to complete the project, in
an effort to meet the goal of having 10% minority and female participation
on the project. Good faith effort shall include, but not be limited
to: hosting a public job fair prior to the commencement of the project
open to all applicants in an attempt to identify, hire and utilize
minority and female craftspeople through the posting of available
employment opportunities with the Township of Scotch Plains, posting
of available employment opportunities (with the applicable government-related
employment agency within the jurisdiction of the governing body),
employment and training services, advertisement of employment opportunities
in a newspaper of general circulation throughout the Township of Scotch
Plains and internet advertisements.
d. The contractor shall, as a material condition of the contract, make
a good faith effort to utilize minority-owned businesses, women-owned
businesses and small business enterprises on the qualified project.
"Minority-owned business" shall mean that at least 51% of the business
is owned by an individual who is a United States citizen or permanent
resident alien who has and can demonstrate membership in one of the
following groups: black persons having origins in any of the black
African racial groups; Hispanic persons of Mexican, Puerto Rican,
Dominican, Cuban, Central or South American descent of either Indian
or Hispanic origin, regardless of race; Native American or Alaskan
native persons having origins in any of the original peoples of North
America; Asian and Pacific Islander persons having origins in any
of the Far East countries, South East Asia, the Indian subcontinent
or the Pacific Islands. "Small business enterprise" shall mean a business
with an annual gross income which is determined by the United States
Small Business Administration.
e. The contractor shall, as a material condition of the contract, require
that all contractors on the qualified project, including itself if
it directly hires employees performing construction, participate in
an apprenticeship program. Each contractor shall participate in an
apprentice program appropriate for the type and scope of work it is
performing on the qualified project based on the trade or craft its
employees are skilled in. At least one employee of each contractor
shall be registered in an apprenticeship program appropriate for the
type and scope of work being performed. In the event a contractor
employs multiple crafts, then at least one employee from each craft
shall be registered in an apprenticeship program. Failure of any contractor
or subcontractor to comply with this apprentice program requirement
shall be considered a default on its contract and grounds for termination
of its association with the qualified project. The Township of Scotch
Plains may waive this requirement only if its enforcement would jeopardize
receipt of any federal, state or third-party grant funding, or otherwise
be prohibited under the terms of such federal, state or third-party
grant funding.
f. All contractors, when performing work on the qualified project, will
have at least one supervisor or foreman on-site who has successfully
completed an OSHA thirty-hour construction safety and health course
and must provide evidence that all other employees of the contractor
or subcontractors working on-site have completed an OSHA ten-hour
construction safety and health course when submitting certified payroll
records on a weekly basis. This course pertains to the guidelines
set by the Occupational Safety and Health Administration (OSHA), on
their website at https://www.osha.gov/
g. All prospective contracts and specifications for the qualified project
shall require all contractors and subcontractors to provide the Township
of Scotch Plains with an affidavit of employee eligibility prior to
commencement of work on such project. All contractors and authorized
subcontractors shall maintain Forms I-9 for each of contractor's and
subcontractor's employees and supply the Township of Scotch Plains
a copy of same upon request until the completion of the contract.
The prevailing responsive contractor, and its authorized subcontractors,
shall verify the employment eligibility of any new employees hired
after the commencement through the E-Verify Program and submit proof
of worker eligibility with the submission of certified payroll records
on a weekly basis. Failure to comply with the required participation
in the E-Verify Program, or failure to provide documentation as required
to establish the employment eligibility of its employees as required
herein, or a determination by the Township of Scotch Plains that the
contractor or its authorized subcontractors knowingly or intentionally
employed ineligible individuals, shall be an event of default under
the contract, and such failure shall constitute prior negative experience
as to future eligibility for contracts with this public entity.
h. Unless already required by the State of New Jersey Prevailing Wage
Act, all contractors, when performing work on the qualified
project, shall pay employees a prevailing wage appropriate for the
type and scope of work being performed. Such wage rates may be obtained
through the USDOL. The public entity may also choose to look at area
collective bargaining agreements for the appropriate type and scope
of work to determine the wage rates on the qualified project.
i. All contractors and subcontractors shall hold employee orientations for each worker prior to the worker performing work on the project in an effort to educate employees as to the rate of pay they should realize for the trade they are performing. This orientation shall be held at the job site, and the Township of Scotch Plains shall be informed of scheduled orientations. During the on-site orientation for employees, the employer shall provide each employee a project specific document that includes the worker's full name, the trade they will be performing, the rate of pay they are entitled to and all options available to recover unpaid wages, including, but not limited to, general contractor liability detailed in Subsection
j of this subdivision, that shall be memorialized by the signatures of both the employer and employee, with original copies being retained by the employer, the employee and a copy shall be submitted to the public entity along with their weekly certified payroll submission for each employee reflected on the payroll record.
j. The contractor will be jointly and severally liable for all unpaid
wage and benefits of every employee that performs construction work
on the qualified project. If an employee has not received wages within
30 days of such regularly scheduled payday, he or she may notify the
contractor who must pay the employee with 10 days of such notification
all wages and benefits due.
k. The contractor shall submit complete certified payroll reports to
the public entity and shall ensure that all subcontractors submit
such reports as well. Certified payroll reports shall be submitted
not less than two times per month. Failure of a subcontractor to submit
a timely certified payroll report shall be deemed a violation on the
subcontractor and contractor.
l. The contractor, within 14 days of receiving a notice of intent to award contract, shall, as the prospective awardee, submit a subcontractor list in accordance with Subsection
2-42.4 of this section.
m. The contractor will not allow any subcontractor to utilize any other business entity to perform the portion of construction work, which is the responsibility of such subcontractor, unless the contractor is also party to the contract with such other business entity. Failure to comply with this provision shall be grounds for the Township of Scotch Plains' cancellation of the contract with the contractor but shall not remove the contractor's responsibility under Subsection
j of this subsection to any worker employed by such other business entity.
[Added 8-10-2021 by Ord.
No. 2021-21]
Failure to submit or properly disclose information in an affirmation to any of the stipulations in Subsection
2-42.2 of this section, shall be grounds for cancellation of the qualified project contract award by this public entity to such contractor.
[Added 8-10-2021 by Ord.
No. 2021-21]
a. Within 14 days of receiving a notice of intent to award contract,
the prospective awardee shall submit a subcontractor list, which provides
the names and addresses of the subcontractors it will use on the project,
the scope of work assigned to each subcontractor, and subcontractor
responsibility certifications as required by this section.
b. The prospective awardee shall not be permitted to use a subcontractor on any work performed for the Township of Scotch Plain unless it has identified the subcontractor on its subcontractor list and provided a subcontractor responsibility certification in accordance with the requirements of Subsection
2-42.5.
c. At the time a prospective awardee submits the subcontractor list
it shall also submit subcontractor responsibility certifications and
applicable supporting information for all listed subcontractors to
the Township of Scotch Plains.
d. A prospective awardee shall determine whether any firm on its subcontractor
list is organized as a sole proprietorship owned and operated by a
single person. This shall apply to subcontractors at any tier. For
any such entity, the prospective awardee shall ensure that the sole
proprietorship subcontractor is a legitimate business entity and not
a misclassified employee by requiring the subcontractor to supplement
its subcontractor certification with its employer identification number
and copies of any license, certificate or registration it is required
to maintain in to do business in the state in which it is located.
e. Subcontractor responsibility certifications shall be executed by
the respective subcontractors on forms prepared by the Township of
Scotch Plains and contain the same information, representations and
supporting information required in contractor responsibility certifications,
including verification of apprenticeship qualifications required by
Section 3(c)(11) for each trade or classification of craft workers
it will employ on the project.
f. Subcontractor responsibility certifications shall be executed by
a person having sufficient knowledge to address all matters in the
certification and shall include an attestation stating, under the
penalty of perjury, that all information submitted is true, complete
and accurate.
g. A subcontractor listed on a firm's subcontractor list shall not be
substituted unless written authorization is obtained from the Township
of Scotch Plains and a subcontractor responsibility certification
is provided for the substitute subcontractor.
h. In the event that the Township of Scotch Plains determines that a
subcontractor fails to meet the requirements of this section or is
otherwise determined to be nonresponsible, it may, after informing
the prospective awardee, exercise one of the following options:
1. Permit the awardee to substitute a qualified, responsible subcontractor
in accordance with the requirements of this section, upon submission
of a completed subcontractor certification for the substitute and
approval of the substitute by the Township of Scotch Plains.
2. Require the awardee to self-perform the work in question if the firm
has the required experience, licenses and other qualifications to
perform the work in question; or
3. Disqualify the prospective awardee.
i. In the event a subcontractor is disqualified under this section,
the general contractor, construction manager or other lead or prime
contractor shall not be permitted to make any type of claim against
the Township of Scotch Plains on the basis of a subcontractor disqualification.
j. All subcontractors shall provide an insurance certificate from their
provider as proof of liability, worker's compensation and vehicle
insurance, naming the Township of Scotch Plains as additionally insured.
[Added 8-10-2021 by Ord.
No. 2021-21]
The contractor shall submit the following reports to the Township
Manager on the 15th day of each month for the previous month in a
format provided by the office of the Township Manager, for each year
of construction until project completion:
a. Manning report. This report which is provided by the contractor must
accurately reflect:
1. The total work hours in each construction trade or craft; and
2. The number of hours worked by residents and apprentices in each trade
or craft; and
3. Will list separately the work hours performed by such employees of
the contractor who are actually performing work on the site and each
of its subcontractors during the previous quarter.
b. Other reports. The contractor shall furnish to the Township of Scotch
Plains and/or the office of the Township Manager any and all reports
or other documents to the Township of Scotch Plains as the Township
of Scotch Plains may reasonably request from time to time in order
to carry out the purposes of this section.
c. Records. Records to support the work hours stated in the above reports
must be maintained for a period of three years after project completion.
All records shall be made available to the Township of Scotch Plains
upon 10 days' prior written notice.
[Added 8-10-2021 by Ord.
No. 2021-21]
In an effort to ensure compliance, the Township of Scotch Plains
directs that the Township Manager and or his/her designee conduct
random and reasonable cause inspections and/or audits of contractors
and subcontractors on qualified projects to ensure compliance with
applicable laws, regulations, and policies as promulgated herein.
All contractors and subcontractors shall be required to fully cooperate
with the Township of Scotch Plains for inspections and/or audits of
such contractor's or subcontractor's records and materials pertaining
to applicable state laws, regulations and policies as promulgated
herein. In the event that noncompliance or false information by a
contractor or subcontractor is found associated with any provisions
of this section, the Township of Scotch Plains may issue a penalty
in the amount $25,000 for any violations. Nothing in this subsection
shall prevent the public entity from terminating its contract with
noncompliant contractor or subcontractor, or both.
[Added 8-10-2021 by Ord.
No. 2021-21]
The Township of Scotch Plains shall notify a contractor of any
harmless instances of noncompliance with this section, allowing the
contractor 72 hours to abate the nonconformity. A contractor shall
be deemed in default of their contract for failing to correct the
identified nonconformities within 72 hours of notification.
[Added 8-10-2021 by Ord.
No. 2021-21]
If any provision of this section or application thereof to any
person or circumstance is judged unconstitutional or otherwise invalid,
the invalidity shall not affect other provisions or applications of
this section that can be given effect without the invalid provision
or application, and to this end the provisions of this section are
declared severable.
[Added 8-10-2021 by Ord.
No. 2021-21]
This section shall take effect 10 days after enactment.