Township of Scotch Plains, NJ Chapter 2 Administration

§ 2-1 GENERAL PROVISIONS.

[Ord. No. 73-1]

§ 2-1.1 Short Title.

This chapter shall be known and may be designated as the "Administrative Code."

§ 2-1.2 Definitions.

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.

§ 2-1.3 Seal.

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."

§ 2-1.4 General Penalty.

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.

§ 2-2 THE COUNCIL.

[Ord. No. 73-1; Ord. No. 99-28; Ord. No. 4-2000]

§ 2-2.1 General Powers of Council.

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 .

§ 2-2.2 Compensation.

[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.

§ 2-2.3 Selection of Mayor.

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.

§ 2-2.4 Powers and Duties of 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.

§ 2-2.5 Meetings of the Council.

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.

§ 2-2.6 Executive Sessions of the Council.

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.

§ 2-2.7 Quorum.

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.

§ 2-2.8 Order of Business and Agenda.

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:

1. Quorum roll call;

2. Pledge to the Flag;

3. Prayer;

4. Public discussion (30 minutes maximum);

5. Approval of minutes of previous meeting;

6. Opening and reading of bids;

7. Communications;

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;

12. New business;

13. Proposed ordinances and resolutions;

14. Miscellaneous;

15. Public discussion in general, written and oral petitions and hearings;

16. Adjournment.

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.

§ 2-2.9 Conduct of Meetings.

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.

§ 2-2.10 Addressing 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.

§ 2-2.11 Ordinances and Resolutions.

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.

§ 2-2.12 Decorum; Sergeant-at-Arms.

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.

§ 2-3 ADMINISTRATIVE ORGANIZATION GENERALLY.

[Ord. No. 73-1]

§ 2-3.1 General Plan.

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 Department (§ 2-9)

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)

§ 2-3.2 Municipal Manager; Appointment and Compensation.

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.

§ 2-3.3 Manager; General Powers and Duties.

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.

§ 2-3.4 Manager; Administrative Supervision and Direction.

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.

§ 2-3.5 Manager; Personnel and Appointments.

[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.

§ 2-3.6 Terms of Office.

[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.

§ 2-3.7 Department Heads in General.

[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.

§ 2-3.8 Full Time Service; Interest in Contracts.

[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.

§ 2-3.9 Administrative Organization Generally; Purchasing Agent.

[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.

§ 2-3.10 Administrative Rules and Regulations; Filing Publication.

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.

§ 2-4 THE BUDGET.

[Ord. No. 73-1]

§ 2-4.1 Budget Preparation.

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.

§ 2-4.2 Budget Document.

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

b. A budget message.

§ 2-4.3 Budget Message.

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.

§ 2-4.4 Budget Operation.

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.

§ 2-5 DEPARTMENT OF LAW.

[Ord. No. 73-1; Ord. No. 97-2; Ord. No. 97-36; Ord. No. 99-15]

§ 2-5.1 Township Attorney.

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.

§ 2-5.2 Duties.

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.

§ 2-5.3 Township Prosecutor.

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.

§ 2-5.4 Assistant Township Attorney.

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.

§ 2-5.5 Township Public Defender.

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.

§ 2-6 OFFICE OF THE CLERK.

[Ord. No. 73-1; Ord. No. 4-2010]

§ 2-6.1 Clerk, Appointment and Qualifications.

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.

§ 2-6.2 Clerk of Council and Committees.

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.

§ 2-6.3 Ordinances and Resolutions.

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.

§ 2-6.4 Custodian of Records.

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.

§ 2-6.5 Use of Corporate Seal.

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.

§ 2-6.6 Insurance, Surety Bonds and Contracts.

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.

§ 2-6.7 Issuance of Raffle or Bingo Tickets.

The Township Clerk is hereby delegated the authority to approve the granting of raffle and bingo license within the Township of Scotch Plains.

§ 2-6.8 Other Laws and Ordinances.

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.

§ 2-7 DEPARTMENT OF FINANCE.

[Ord. No. 73-1; Ord. No. 89-14; Ord. No. 8-2010; Ord. No. 17-2010]

§ 2-7.1 Chief Financial Officer: Manager.

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.

§ 2-7.2 Chief Financial Officer; General Powers and Duties.

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.

§ 2-7.3 Chief Financial Officer; Specific Powers and Duties.

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.

§ 2-7.4 Divisions of the Department.

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;

a. Division of Treasury.

1. Secretary of Accounts.

2. Central cashier.

b. Division of Assessments.

c. Divisions of Tax Collection.

§ 2-7.5 Division of the Treasury.

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.

§ 2-7.6 Treasurer, Functions and Duties.

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.

§ 2-7.7 7 Secretary of Accounts.

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.

§ 2-7.8 Secretary of Accounts, Functions and Duties.

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.

§ 2-7.9 Disbursement and Commitment of Township Funds.

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.

§ 2-7.10 Office of Cashier.

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.

§ 2-7.11 Cashier, Functions and Duties.

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.

§ 2-7.12 Division of Assessments; Assessor.

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.

§ 2-7.13 Board of Assessments for Local Improvements.

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.

§ 2-7.14 Division of Tax Collection.

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.

§ 2-7.15 Tax Collector; Functions and Duties.

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.

§ 2-7.16 Third-Party Payroll Disbursement Services.

§ 2-7.16.1 Purpose; Definitions.

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.

§ 2-7.16.2 Authorization.

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.

§ 2-7.16.3 Township Requirements.

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.

§ 2-7.16.4 Payroll Service Requirements.

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.

§ 2-7.16.5 Establishment of Service.

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.

§ 2-8 POLICE DEPARTMENT.

[Ord. No. 73-1]

§ 2-8.1 The Police Department.

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.

§ 2-8.2 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.

§ 2-9 FIRE DEPARTMENT.

[Ord. No. 73-1]

§ 2-9.1 The Fire Department.

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.

§ 2-9.2 Fire Department; Functions.

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.

§ 2-9.3 Fire Marshal.

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.

§ 2-9.4 Fire Prevention Bureau.

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.

§ 2-10 THE OFFICE OF EMERGENCY MANAGEMENT. [1]

[1] Editor's Note: Prior ordinance history: Ord. No. 73-1.

§ 2-10.1 Emergency Management Coordinator.

[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.

§ 2-10.2 Qualifications of Emergency Management Coordinator.

[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.

§ 2-10.3 Removal of Emergency Management Coordinator.

[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.

§ 2-10.4 Duties of the Emergency Management Coordinator.

[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.

§ 2-10.5 Deputy Emergency Management Coordinator(s).

[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.

§ 2-10.6 Compensation.

[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.

§ 2-10.7 Local Emergency Council.

[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.

§ 2-11 THE DEPARTMENT OF ENGINEERING.

[Ord. No. 73-1; New; Ord. No. 80-24]

§ 2-11.1 The Department of Engineering.

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.

h. (Reserved)

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.

§ 2-12 DEPARTMENT OF PUBLIC PROPERTY.

[Ord. No. 73-1]

§ 2-12.1 The Department of Public 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.

§ 2-13 DEPARTMENT OF HEALTH.

[Ord. No. 75-31; Ord. No. 80-28; Ord. No. 94-1]

§ 2-13.1 Director of the Health Department.

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.

§ 2-13.2 Powers and Duties.

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.

§ 2-13.3 Rules and Regulations Adopted.

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.

§ 2-13.4 Appointments.

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.

§ 2-13.5 Prior Board of Health Ordinances Not Repealed.

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.

§ 2-13.6 Health Advisory Board.

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.

§ 2-14 OFFICES, BOARDS AND COMMITTEES.

[Ord. No. 72-13; Ord. No. 73-1; New]

§ 2-14.1 Planning Board.

See Chapter 19, Land Use Procedures, § 19-1.

§ 2-14.2 Board of Adjustment.

See Chapter 19, Land Use Procedures, § 19-2.

§ 2-14.3 Municipal Court.

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.

§ 2-14.4 Juvenile Conference Committee.

The juvenile conference committee as heretofore requested by resolution and appointed is continued with the functions, powers and duties prescribed by general law.

§ 2-14.5 Local Assistance Board.

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.

§ 2-14.6 Advisory Bodies.

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.

§ 2-14.7 Staff Services.

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.

§ 2-14.8 Library Board.

[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.

§ 2-14.9 Recreation Commission.

[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.[1]

[1] Editor's Note: Ordinance No. 2015-2 repealed Subsection 2-14.9, abolished the Recreation Commission and created the Department of Recreation. Ordinance No. 2015-9 repealed Ordinance No. 2015-2 and reestablished the Recreation Commission.

§ 2-14.10 Green Brook Flood Control 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.

§ 2-15 OFFICERS AND EMPLOYEES GENERALLY.

[Ord. No. 73-1; Ord. No. 80-11]

§ 2-15.1 Dual Appointments.

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.

§ 2-15.2 Vacancies.

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.

§ 2-15.3 Surety Bonds.

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 .

§ 2-15.4 Public Records.

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.

§ 2-15.5 Fingerprinting and Background Investigations in Certain Circumstances.

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.

§ 2-15.6 Process.

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.

§ 2-16 TRANSITION.

[Ord. No. 73-1]

§ 2-16.1 Prior Ordinances.

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.

§ 2-16.2 Salaries and Wages.

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.

§ 2-16.3 Transfers, Civil Service.

[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).

§ 2-16.4 Pension Rights.

[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.

§ 2-16.5 Offices Abolished.

[Ord. #73-1, S15.5]

Any function, office or employment not reconstituted or continued by this chapter shall be deemed abolished.

§ 2-16.6 Ordinances, Etc.

[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.

§ 2-16.7 Repealer.

[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.

§ 2-16.8 Effective Date.

[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).

§ 2-17 MUNICIPAL COURT.

§ 2-17.1 Established.

[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.

§ 2-17.2 Title.

[Ord. #68-10]

The name of municipal court shall be the "Municipal Court of the Township of Scotch Plains."

§ 2-17.3 Seal.

[Ord. #68-10]

The municipal court shall have a seal which shall bear the impress of the name of the court.

§ 2-17.4 Municipal Judge.

[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.

§ 2-17.5 Salary.

[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.

§ 2-17.6 Powers, Duties.

[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.

§ 2-17.7 Clerk of Municipal Court.

[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.

§ 2-17.8 Municipal Court Held in Municipal Building.

[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.

§ 2-18 POLICE DEPARTMENT, ESTABLISHMENT AND REGULATIONS.

[Ord. No. 68-10; Ord. No. 72-20; Ord. No. 91-35; Ord. No. 94-19]

§ 2-18.1 Established.

[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."

§ 2-18.2 Members.

[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.

§ 2-18.3 Appointments and Promotions.

[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.

§ 2-18.4 Rules and Regulations.

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.

§ 2-18.5 Issuance of Orders.

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.

§ 2-18.6 Certificate of Mental and Physical Fitness.

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.

§ 2-18.7 Member of Police Department.

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.

§ 2-18.8 Probationary Period.

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.

§ 2-18.9 Oath.

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.

§ 2-18.10 Head of Department.

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.

§ 2-18.11 Proper Enforcement of Law.

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.

§ 2-18.12 (Reserved)

§ 2-18.13 (Reserved)

§ 2-18.14 Removal From Office and Other Serious Penalties.

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.

§ 2-18.15 (Reserved)

§ 2-18.16 Causes for Removal.

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:

1. Neglect of duty;

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.

§ 2-18.17 Special Policemen and Policewomen.

[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.

§ 2-18.18 (Reserved)

§ 2-19 POLICE MANUAL. [1]

[1] Editor's Note: Former Subsections 2-19.2 and 2-19.3, previously codified herein and containing portions of Ordinance Nos. 73-24, 76-14 and 79-24 were repealed in their entirety by Ordinance No. 91-35.

§ 2-19.1 Replacement of Police Manual.

[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.

§ 2-19A TRAFFIC CONTROL FOR CONSTRUCTION.

§ 2-19A.1 Purpose.

[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.

§ 2-19A.2 Adoption of Standards.

[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.

§ 2-19A.3 Preconstruction Meetings.

[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.

§ 2-19A.4 Hazardous Conditions.

[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.

§ 2-19A.5 Road Closing and Detours.

[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.

§ 2-19A.6 Off-Duty Police Officers Required.

[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.

§ 2-19A.7 Payment and Insurance for Services Rendered by Off Duty Police Officers.

[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.

§ 2-19A.8 Stop Work.

[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.

§ 2-19A.9 Site Preparation and Maintenance.

[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).

§ 2-19A.10 Violations and Penalties.

[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.

§ 2-19A.11 Cancellation Policy.

[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.

§ 2-19A.12 Indemnification.

[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.

§ 2-20 FIRE DEPARTMENT, ESTABLISHMENT AND REGULATIONS.

[Ord. No. 68-10; Ord. No. 95-4; Ord. No. 13-2004; Ord. No. 15-2005]

§ 2-20.1 Composition of the Department.

[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.

§ 2-20.2 Appointments; Removal of Chief.

[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.

§ 2-20.3 Accountability of Chief and Other Officers.

[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.

§ 2-20.4 Chain of Command.

[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.

§ 2-20.5 Compensation.

[New]

The salary of the members of the department shall be established in the annual salary ordinance.

§ 2-20.6 Rules and Regulations; Responsibilities of Chief.

[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.

§ 2-20.7 Number and Kind of Companies; Responses.

[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.

§ 2-20.8 Drills or Instruction.

[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.

§ 2-20.9 Arson.

[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.

§ 2-20.10 Inspections and Notices.

[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.

§ 2-20.11 Compliance.

[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.

§ 2-20.12 Records.

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.

§ 2-20.13 Monthly Reports.

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.

§ 2-20.14 Annual Report.

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.

§ 2-20.15 Membership.

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.

§ 2-20.16 Suspensions; Discharges; Public Hearings.

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.

§ 2-20.17 Apparatus and Other Equipment.

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.

§ 2-20.18 Recommendations of Apparatus and Equipment.

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.

§ 2-20.19 Using Apparatus and Equipment for Private Purposes.

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.

§ 2-20.20 Entering Department Property.

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.

§ 2-20.21 Assigning Equipment to Outside Calls.

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.

§ 2-20.22 Badge.

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.

§ 2-20.23 Right-of-Way.

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.

§ 2-20.24 Driving Vehicle Over Fire Hose.

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.

§ 2-20.25 Obstructions Near to Fire Stations and Hydrants.

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.

§ 2-20.26 False Request for Assistance.

No person shall turn in or cause to be turned in a false request for assistance.

§ 2-20.27 Intoxicating Beverages.

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.

§ 2-20.28 Entering Firehouses.

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.

§ 2-20.29 Violations and Penalties.

Any person violating the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 3, section 3-1.

§ 2-20.30 Interference; Penalties.

[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.

§ 2-20.31 Smoke Sensitive Alarm Devices.

[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.

§ 2-20.32 Emergency Medical Services.

[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.

(1) Oxygen: $50.

(2) Epinephrine auto-injector: $425.

(3) Naloxone: $200.

(4) Cervical collar: $25.

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.

§ 2-21 UNIFORM CONSTRUCTION CODE ENFORCING AGENCY.

§ 2-21.1 Established.

[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.

§ 2-22 COUNTY PURCHASING AGREEMENT.

[Ord. No. 70-4]

§ 2-22.1 Agreement with County.

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.

§ 2-22.2 Execution of Contract.

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.

§ 2-23 (RESERVED) [1]

[Ord. No. 91-32; Ord. No. 96-31]

[1] Editor's Note: Former § 2-23, Code of Ethics, previously codified herein and containing portions of Ordinance No. 91-32 was repealed in its entirety by Ordinance No. 96-33.

§ 2-24 PAYMENT OF CLAIMS.

[Ord. No. 76-23]

§ 2-24.1 Certification of Voucher.

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.

§ 2-24.2 Verification by Director of Finance.

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.

§ 2-24.3 Approval by 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.

§ 2-24.4 Resolution to Pay Approved Claims.

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.

§ 2-25 FEES FOR SERVICES.

[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]

§ 2-25.1 Fee Schedule for Material Requested Through the Municipal Prosecutor for Municipal Court Discovery and/or Any Documents or Other Police Records Requested from the Scotch Plains Police Department.

[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.

§ 2-25.2 Review of Accident Reports.

[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.

§ 2-25.3 Search Fee Exemptions.

[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.

§ 2-25.4 Receipts Issued; Money to Treasurer.

[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.

§ 2-25.5 Fees for Police Services.

[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]

§ 2-25.6 Fee Schedule for Material Distributed by Engineering Department.

[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.

§ 2-25.7 Fees for Copies of Documents Furnished by Any Other Department of the Township.

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.

§ 2-25.8 Fee Schedule for Material Distributed by the Township Clerk.

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.

§ 2-25.9 Fee Schedule for Material Distributed by the Registrar of Vital Statistics.

[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

§ 2-25.10 Marriage or Civil Union Ceremony Performed by Mayor.

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.[1]

[1] Editor's Note: Former Subsection c, regarding payment of fee to the Mayor, and Subsection d, regarding reimbursements of expenses, were repealed 4-20-2021 by Ord. No. 2021-8.

§ 2-25.11 Use of Public Photography for Advertising and Public Relations Photography - Still or Video.

[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.

§ 2-26 PROCEDURE FOR CHANGE ORDERS.

[Ord. No. 77-11; Ord. No. 87-9]

§ 2-26.1 Preamble.

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.

§ 2-26.2 Manager to Authorize Change Orders.

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.

§ 2-26.3 Procedure for Change Orders.

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.

§ 2-27 FIRE INSURANCE PROCEEDS.

[Ord. No. 79-29]

§ 2-27.1 Insurance Company Satisfy Liens Prior to Payment of Proceeds.

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.

§ 2-27.2 Council Agreement with Owner to Pay Liens.

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.

§ 2-27.3 Insurance Company Payment to Owner.

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.

§ 2-28 AGREEMENTS FOR MUTUAL POLICE AID IN EMERGENCIES.

[Ord. No. 91-15]

§ 2-28.1 Agreement Established. Pursuant to N.J.S.A. 40A:14-156.1.

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.

§ 2-28.2 Authority to Request 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.

§ 2-28.3 Authority to Provide Assistance.

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.

§ 2-28.4 Responsibility for Cost and Expenses.

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.

§ 2-28.5 Injury or Death Benefits.

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.

§ 2-28.6 Copies on File.

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.

§ 2-29 CROSSING GUARDS.

[Ord. No. 91-35]

§ 2-29.1 Adult School Crossing Guards.

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.

§ 2-30 CONTRACT FOR THE ADMINISTRATION OF AFFORDABILITY CONTROLS FOR LOW/MODERATE INCOME INCLUSIONARY DEVELOPMENTS (C.O.A.H.)

[Ord. No. 93-07]

§ 2-30.1 Authorization.

The Mayor and Township Clerk are hereby authorized and directed to enter into the attached contract[1] 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.

[1] Editor's Note: The contract referred to herein may be found on file in the office of the Township Clerk attached to Ordinance No. 93-07.

§ 2-30.2 Township Manager as Liaison.

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. [1]

[1] Editor's Note: The agreement referred to herein may be found on file in the office of the Township Clerk attached to Ordinance No. 93-07.

§ 2-31 AGREEMENT FOR SERVICES OF A COURT ADMINISTRATOR.

[Ord. No. 93-09]

§ 2-31.1 Authorization.

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[1] for services of a court administrator between the Township of Scotch Plains and the Borough of Fanwood.

[1] Editor's Note: The agreement referred to herein may be found on file in the office of the Township Clerk attached to Ordinance No. 93-09.

§ 2-32 POLITICAL FUNDRAISING AT THE MUNICIPAL BUILDING PROHIBITED.

[Ord. No. 13-2000]

§ 2-32.1 Short Title.

An ordinance banning the use of the municipal building for political fund-raising.

§ 2-32.2 Purpose.

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.

§ 2-32.3 Definitions.

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.

§ 2-32.4 General Regulations.

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.

§ 2-33 LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) FOR FIRE DEPARTMENT AND RESCUE SQUAD.

[Ord. No. 16-01]

§ 2-33.1 Introduction; Findings.

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.

§ 2-33.2 Creation of Length of Service Awards Program (LOSAP).

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.

§ 2-33.3 Annual Contributions.

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.

§ 2-33.4 Criteria for Eligibility.

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.[1]

[1] Editor's Note: Codified as written.

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.

§ 2-33.5 Prior Service.

[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.

§ 2-33.6 Cost of Program.

[Ord. No. 16-01 § 6]

The estimated costs of the program have been calculated as $95,450 per year.

§ 2-33.7 Credit Points for Volunteer Service; Point Schedule.

[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.[1]

[1] Editor's Note: Schedules A and B are included as attachments to this chapter.

§ 2-33.8 Passage and Approval by the Voters. [1]

[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.

[1] Editor's Note: This section was approved by voters of the Township of Scotch Plains at the November 6, 2001 General Election.

§ 2-34 SCOTCH PLAINS-FANWOOD MUNICIPAL ALLIANCE COMMITTEE.

[Ord. No. 25-08]

§ 2-34.1 Purpose.

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.

§ 2-34.2 Establishment.

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.

§ 2-34.3 Membership.

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;

p. Juvenile officers;

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.

§ 2-34.4 Responsibilities/Powers.

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.

§ 2-35 INDEMNIFICATION OF OFFICIALS AND PUBLIC EMPLOYEES.

[Ord. No. 7-2010]

§ 2-35.1 Intent.

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.

§ 2-35.2 Definitions.

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.

§ 2-35.3 Provisions for Defense.

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.

§ 2-35.4 Exceptions.

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.

§ 2-35.5 Method of Providing 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.

§ 2-35.6 Control over Litigation.

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.

§ 2-35.7 Indemnification.

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.

§ 2-35.8 When Effective.

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.

§ 2-36 VOLUNTEER TUITION CREDIT PROGRAM.

[Ord. No. 2011-16]

The Schedules referred to herein may be found on file in the office of the Township Clerk.

§ 2-36.1 Purpose.

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.

§ 2-36.2 Eligibility.

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.

§ 2-36.3 Tuition Credit.

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.

§ 2-36.4 Administration of Program.

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.

§ 2-36.5 Pledge Agreement.

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.

§ 2-36.6 Verification of Service.

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.

§ 2-36.7 Certificate of Authorization.

[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.

§ 2-36.8 Debit of Tuition by Learning Institution.

[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.

§ 2-36.9 Enrollment of Classes.

[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.

§ 2-36.10 Transcript Submission.

[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.

§ 2-36.11 Minimal Grade Point Average.

[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.

§ 2-36.12 Township's Rights.

[Ord. #2011-16]

The Township of Scotch Plains assumes no responsibility for the requisitioning of any supportive documents.

§ 2-37 SALARIES AND WAGES.

§ 2-37.1 Establishment by Ordinance.

[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.

§ 2-37.2 Resolution Within Range.

[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.

§ 2-38 IMPLEMENTATION OF THE FIVE-YEAR TAX EXEMPTION AND ABATEMENT LAW. [1]

[1] Editor's Note: Resolution No. 2011-55 designated specific areas in need of rehabilitation. Ordinance No. 2015-1 established the Exemption Area as former Block 11301, Lot 3 and current Block 11301, Lot 1.02.

§ 2-38.1 Definitions.

[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.

§ 2-38.2 Tax Exemptions and Abatements Authorized.

[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.

§ 2-38.3 Tax Exemptions and Abatements for Dwellings.

[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.

§ 2-38.4 Applicability of Statutory Regulatory Provisions.

[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.

§ 2-38.5 Applicability of Federal, State, and Local Laws.

[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.

§ 2-38.6 Equalization.

[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.

§ 2-38.7 Cessation or Disposition of Property.

[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.

§ 2-38.8 Default in Tax Payments.

[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.

§ 2-38.9 Taxes Upon Termination.

[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.

§ 2-38.10 Ordinance Sent to Department of Community Affairs.

[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

§ 2-38.11 Ineligibility.

[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.

§ 2-38.12 Appeal.

[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.

§ 2-39 MUNICIPAL HOUSING LIAISON.

§ 2-39.1 Purpose.

[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.

§ 2-39.2 Definitions.

[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.

§ 2-39.3 Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.

[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.

§ 2-40 through § 2-41. (Reserved)

§ 2-42 COMMUNITY PROJECT LABOR AGREEMENTS ACT.

§ 2-42.1 Definitions.

[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.

§ 2-42.2 Project Labor Agreements Required; General Terms.

[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,[1] 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,[2] 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.

[2] Editor's Note: See N.J.S.A. 34:11-56.25 et seq.

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.

[1] Editor's Note: See N.J.S.A. 40A:11-1 et seq.

§ 2-42.3 Cancellation.

[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.

§ 2-42.4 Subcontractor List and Responsibility Requirements.

[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.

§ 2-42.5 Reports and Records.

[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.

§ 2-42.6 Inspections.

[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.

§ 2-42.7 Notification of Noncomplaince; Abatement.

[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.

§ 2-42.8 Severability.

[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.

§ 2-42.9 Effective Date.

[Added 8-10-2021 by Ord. No. 2021-21]

This section shall take effect 10 days after enactment.