The form of government in Spring Lake Heights is the borough
form which comprises Chapter 86 to 94 of Title 40 of the Revised Statutes.
The Administrative Code has been drafted in conformity with the borough
law and in many instances provisions have been restated.
Other enabling laws pertaining to the Administrative Chapter
are R.S. 40:47-1, et seq., Police and Fire Departments; R.S. 2A:8-1,
et seq., Municipal Court; R.S. 40:55D, Zoning Board of Adjustment;
R.S. 40:55D4, Planning Board; R.S. 26:3-1, et seq., Board of Health.
General authority to regulate the internal affairs of the Borough
derives from R.S. 40:48-2.
[New]
This chapter shall be known as the "Administrative Code of the
Borough" and is herein referred to as the "code".
[New]
The Governing Body shall consist of the Mayor and six Councilmen
elected at large in the Borough, all of whom shall be elected and
take office in the manner provided by law. The terms of office of
the Mayor and Councilmen shall commence on January 1 next following
their election.
[New]
Vacancies shall be filled according to N.J.S.A. 40A:16-4 for
both the Mayor and the Council.
[New]
The Governing Body shall meet for organization during the first
nine days of January following each general election. Thereafter,
the Borough Council shall meet regularly within the Borough at such
times and places as provided by resolution. The Mayor shall, with
the advice of the majority of Council, when necessary, call special
meetings of the Council. In case of his neglect or refusal, any four
members of the Council may call such meetings at such time and place
in the Borough as they may designate and, in all cases of special
meetings, notice shall be given to all members of the Council. Three
Councilmen and the Mayor and, in the absence of the Mayor, four Councilmen,
shall constitute a quorum for the transaction of business; but a smaller
number may meet and adjourn. Notice of meetings shall be given in
accordance with the Open Public Meetings Act.
[New]
The Mayor shall preside over all meetings of the Borough Council
but shall not vote except to give the deciding vote in case of a tie.
Unless provided to the contrary, the Mayor shall nominate and, with
the advice and consent of the Council, appoint all officers in the
Borough. No appointments shall be made except by the vote of a majority
of the members of the Council present at the meeting, provided that
at least three affirmative votes shall be required for such purpose,
the Mayor to have no vote thereon except in case of a tie. Vacancies
in appointive offices shall be filled by appointment in the same manner
for the unexpired term only. The Mayor shall make nomination to fill
a vacancy within 30 days after the appointive office becomes vacant.
If the Mayor fails to nominate within 30 days or the Council fails
to confirm any nomination made by the Mayor, then after the expiration
of the 30 days, the Council shall appoint the officer.
[New]
At the annual meeting the Borough Council, by a majority vote,
shall elect from their number a President of the Council who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one year and until
the next annual meeting. He shall have the right to debate and vote
on all questions before the Council. If the Council at its annual
meetings fails to elect a President, the Mayor shall appoint the President
from the Council and in that case, no confirmation by the Council
shall be necessary. If the Mayor is absent from the Borough for a
period of three days or for any reason is unable to act, the President
of the council shall perform all the duties of the Mayor during his
absence or inability. The Mayor, in case of his intended absence from
the Borough for more than three days at any one time, shall notify
the President in writing of his intended absence, whereupon the President
shall be and become Acting Mayor from the receipt of notice and continue
to act until the Mayor's return.
[Ord. #23-1983, § 1]
There is created the position of Borough Administrator in accordance
with N.J.S.A. 40A:9-136 et seq.
[Ord. #23-1983, § 1]
The Borough Administrator shall be appointed by the Mayor with
the advice and consent of the Borough Council. The Borough Administrator
shall serve at the pleasure of the governing body.
[Ord. #23-1983, § 1]
The Borough Administrator may be removed from office by a 2/3
vote of the Borough Council. The Resolution of Removal shall become
effective three months after its adoption by the Borough Council.
The Borough Council may provide that the Resolution shall take effect
immediately, provided, however, that the Borough Council shall cause
to be paid to the Administrator any unpaid balance of his salary and
for the next three calendar months following the adoption of the Resolution
of Removal.
[Ord. #23-1983, § 1]
The Borough Administrator shall receive such compensation as
shall be fixed by the Borough Council of Spring Lake Heights.
[Ord. #23-1983, § 1]
The Borough Administrator shall be the Administrative Officer
of the Borough and shall be responsible to the Mayor and Council for
the proper and efficient administration of the business affairs of
the Borough. He shall have the powers and shall perform such duties
other than those required by law to be exercised by the Mayor and
Council or other appointed or elected officers, bodies or departments
of the Borough. His duties and responsibilities shall relate to the
general management of all business of the Borough.
The Borough Administrator shall be required in all instances
to consult and confer with and obtain the consent of the Mayor or
the members of Council who serve as Chairman or Co-Chairman of a particular
department prior to instituting or undertaking any action with respect
to the department and the Borough Administrator shall be required
to implement and put into effect all decisions and orders as such
department heads may direct.
The Borough Administrator shall serve as liaison between the
Mayor and Council of the Borough and all department heads.
[Ord. #23-1983, § 1]
The Borough Administrator shall be responsible for the development
of a proposed budget. In preparing the budget, the Borough Administrator
shall obtain from the Chairman or Co-Chairman of each department of
the Borough and the head of any agency or Board estimates of revenues
and expenditures and other supporting data as may be necessary to
prepare the budget. The Administrator shall review the estimates and
may revise them before submission to the Borough Council.
The Borough Administrator shall render assistance and service
to the Mayor and Council, Boards and all departments as may be required.
[Ord. #23-1983, § 1]
The Borough Administrator shall serve as the Personnel Officer
and shall supervise working personnel schedules, vacation and sick
leave schedules, maintain appropriate reports and records of all employees,
coordinate the processes of appointing personnel within all Borough
departments, develop and administer the Borough's personnel program
and policies, including up-to-date job classifications, in-service
training programs and a complete system of personnel records for all
Municipal officers and employees.
The Borough Administrator shall study, recommend, implement
and enforce personnel organization and policy of the Borough Council
after consultation with department heads and shall be obligated to
immediately notify the Mayor and Council of any information that he
may be aware of concerning the failure of any Borough employee to
properly perform the functions and/or requirements of his or her employment.
[Ord. #23-1983, § 1]
The Borough Administrator shall be the purchasing agent of the
Borough of Spring Lake Heights and, subject to the approval of the
Mayor and Council, he shall:
a.
Organize and establish a central purchasing system.
b.
Purchase all materials, supplies and equipment for which funds are
provided in the Municipal budget.
c.
Approve all bills and vouchers for payment prior to final approval
by the Borough Council.
d.
Purchase all materials, supplies, equipment and labor under contract
required by any department, office or agency of the Borough.
e.
Establish proper purchasing and requisitioning procedure.
f.
Establish receiving procedure and control any general storeroom or
stockroom.
g.
Authorize any transfer of supplies, materials and equipment between
departments and offices, and, with the Borough Council's authorization,
sell surplus, obsolete, unused or waste supplies, materials and equipment
according to Law.
h.
Study, recommend, implement and enforce procedure and policy of the
Borough Council for requisition, purchase, inspection, receipt, storage,
distribution, internal transfer and disposal of, and standards and
specifications and payment for, supplies, materials and equipment
after consultation with department heads.
[Ord. #23-1983, § 1]
The Borough Administrator shall attend all workshops, special
and regular meetings of the Mayor and Council.
[Ord. #23-1983, § 1]
The Borough Administrator shall study the governmental and administrative
operations and needs of the Borough and may make such recommendations
to the Mayor and Council of the Borough of Spring Lake Heights as
he deems necessary and appropriate to improve governmental efficiency.
The Administrator shall be responsible for such grants, funds and/or
services which from time to time may be available from Federal, State
and County governments.
The Borough Administrator shall negotiate contracts for the
Borough, other than personnel or labor contracts, as authorized and
directed by and subject to the approval of the Borough Council and
he shall insure that all terms and conditions favorable to the Borough
in any statute or contract are faithfully kept and performed, and,
upon knowledge of any violation, shall call it to the attention of
the Mayor and Council.
The Borough Administrator shall be responsible for receiving
and notifying the Mayor and/or appropriate Council, Chairman or Co-Chairman
of the department affected of all complaints regarding services of
personnel of the Borough. He shall keep a written record of each complaint
and when and what action was taken in response.
The Borough Administrator shall be responsible for the coordination
of all inter-departmental operations and he shall take whatever steps
are necessary to insure the harmonious and efficient delivery of governmental
services within the Borough.
The duties and responsibilities of the Borough Administrator
shall not infringe upon such duties and responsibilities as are assigned
by law to other Borough officials.
[Ord. #1-1983, § 1]
a.
Position Created; Appointment. There is hereby created the position
of Deputy Borough Clerk in accordance with N.J.S.A. 40A:9-135 et seq.
The Deputy Borough Clerk shall be appointed in accordance with law
for a term of one year commencing on January 1 or such later date
on which the Deputy Borough Clerk may be appointed, until December
31st of the year for which he is appointed and until his successor
shall have been appointed and qualified. Any vacancy in the position
occurring other than by expiration of term shall be filled in like
manner, but for the unexpired term only.
b.
Powers and Duties. The Deputy Borough Clerk shall assist the Borough
Clerk in all duties required by law of the Borough Clerk. Additionally
the Deputy Borough Clerk shall have all the powers and duties of the
Borough Clerk during absence or disability of the latter and shall
also have such other powers and duties as shall be prescribed by the
governing body.
[Ord. #1-1983, § 1]
There is hereby created the position of Borough Engineer in
accordance with N.J.S.A. 40A:9-140 et seq. The Borough Engineer shall
be appointed in accordance with law for a term of one year commencing
on January 1 or such later date on which the Borough Engineer may
be appointed, until December 31st of the year for which he is appointed
and until his successor shall have been appointed and qualified. Any
vacancy in the position occurring by other than expiration of term
shall be filled in like manner, but for the unexpired term only.
[Ord. #1-1983, § 1]
The Borough Engineer shall be a duly licensed professional engineer
of the State of New Jersey and shall provide professional engineering
advice and assistance to the governing body; provide engineering advice
to the Board of Adjustment in connection with subdivision, site plan
and variance applications and Master Plan studies; maintain the Borough
Official Map and Borough Zoning Map; prepare plans and specifications
for public works authorized by the governing body; and make such field
surveys as may be required therefor; make such inspections of the
work of public contractors as may be necessary or desirable; supervise
the performance of public works contracts and certify the amounts
due and payable thereunder; and provide any and all other professional
engineering advice and assistance as may be required of him by statute
or as requested of him by the governing body, whether by ordinance,
resolution or otherwise.
[Ord. #1-1983, § 1]
The Borough Engineer shall be compensated for the value of his
services at contract rates in accordance with normal professional
fees charged by licensed and practicing engineers and the rates shall
be subject to the approval of the governing body. Pursuant to the
Local Public Contracts Law, the rates shall be set forth in a written
contract between the Borough and the Borough Engineer. The fees paid
pursuant to the contract shall be the entire fees the Borough Engineer
shall be entitled to and he shall not be entitled to any of the benefits
that are normally incidental to full-time Borough employment with
the exception that he shall be entitled to coverage under all policies
of insurance maintained by the Borough with respect to liability for
official acts.
[Ord. #1-1983, § 1]
There is created the position of Borough Attorney in accordance
with N.J.S.A. 40A:9-139 et seq. The Borough Attorney shall be appointed
in accordance with law for a term of one year commencing on January
1 or such later date on which the Borough Attorney may be appointed,
until December 31st of the year for which he is appointed and until
his successor shall have been appointed and qualified. Any vacancy
in the position occurring other than by expiration of term shall be
filled in like manner, but for the unexpired term only.
[Ord. #1-1983, § 1]
The Borough Attorney shall be an attorney-at-law of the State
of New Jersey and shall be the legal advisor of the Borough of Spring
Lake Heights and he shall render advice on all legal questions affecting
the Municipality whenever requested to do so by the governing body.
He shall perform legal services for and on behalf of the Borough and
its officers and several boards, except for such boards as are required
by law to be represented by an attorney other than the Borough Attorney
and except for the services required to be performed by the Borough
Prosecutor.
[Ord. #1-1983, § 1]
The Borough Attorney shall be compensated for the value of his
services at rates in accordance with normal professional fees charged
by licensed and practicing attorneys and the rates shall be subject
to the approval of the governing body. Pursuant to the Local Public
Contracts Law, the rates shall be set forth in a written contract
between the Borough and the Borough Attorney. The fees paid pursuant
to the contract shall be the entire fees the Borough Attorney shall
be entitled to and he shall not be entitled to any of the benefits
that are normally incidental to full-time Borough employment with
the exception that he shall be entitled to coverage under all policies
of insurance maintained by the Borough with respect to liability for
official acts.
[Ord. #1-1983, § 1]
There is hereby created the position of Borough Prosecutor in
accordance with N.J.S.A. 40:87-15 et seq. The Borough Prosecutor shall
be appointed in accordance with law for a one-year term commencing
on January 1 or such later date on which the Borough Prosecutor may
be appointed, until December 31st of the year for which he is appointed
and until his successor shall have been appointed and qualified. Any
vacancy in the position occurring other than by expiration of term
shall be filled in like manner, but for the unexpired term only.
[Ord. #1-1983, § 1]
The Borough Prosecutor shall be an attorney-at-law of the State
of New Jersey and shall perform the duties of the Borough Prosecutor
in accordance with the laws of the State of New Jersey and ordinances
of the Borough and shall be the advisor to Municipal Court personnel
and the Police Department in matters relating to their duties concerning
the prosecution and preparation of all charges and complaints against
every person charged with a violation of any of the laws of the State
of New Jersey and the ordinances of the Borough, and shall appear
in the appropriate court in the prosecution of every person charged
with a violation of any State, County or Municipal law or ordinance.
[Ord. #1-1983, § 1]
The Borough Prosecutor shall be compensated for the value of
his services at rates in accordance with professional fees charged
by licensed and practicing attorneys and the rates shall be subject
to the approval of the governing body. Pursuant to the Local Public
Contracts Law, the rates shall be set forth in a written contract
between the Borough and the Borough Prosecutor. The fees paid pursuant
to the contract shall be the entire fees the Borough Prosecutor shall
be entitled to and he shall not be entitled to any of the benefits
that are normally incidental to full-time Borough employment with
the exception that he shall be entitled to coverage under all policies
of insurance maintained by the Borough with respect to liability for
official acts.
[Ord. #3-1980, § 1]
There is established the office of Municipal Tax Collector in
the Borough of Spring Lake Heights.
[Ord. #3-1980, § 2]
The Municipal Tax Collector shall be appointed by the Mayor
with the advice and consent of the Council and shall hold his/her
office for a term of four years. Vacancies other than due to expiration
of term shall be filled by appointment for the unexpired term or until
the appointment and qualification of a successor. The appointment
shall be subject to the provisions of Chapter 384 P.L. 1979.
[Ord. #3-1980, § 3]
The Municipal Tax Collector shall have, perform and exercise
all of the functions, powers and duties of a collector of taxes and
utility rents as are required by general law. The Collector shall
also prepare and mail all tax bills and enforce tax collections by
tax sales, distress or other means as prescribed by general law, maintain
tax accounting records as required or as otherwise provided and required
by ordinance. The Tax Collector shall receive and collect all monies
assessed or raised by taxation, charge and receive penalties according
to law, and promptly enforce the payment of all taxes or assessments,
etc.
[Ord. #3-1980, § 4]
The Municipal Tax Collector shall hold office for a term of
four years from the first day of January next following the appointment.
[New]
The Tax Collector shall be responsible for all additional duties
as required by the Governing Body.
[Ord. No. 2015-01]
a.
Creation of Position. There is hereby created the position of Deputy
Tax/Utility Collector.
b.
Appointment. The Deputy Tax/Utility Collector shall be appointed
by the Mayor, with the advice and consent of the Borough Council,
for a term of one year, beginning on January 1 and ending on December
31 of the year of appointment. Vacancies other than due to expiration
of term shall be filled by appointment for the unexpired term.
c.
Duties. The Deputy Tax/Utility Collector shall work in conjunction
with and under the direction of the Municipal Tax Collector. The Deputy
Tax/Utility Collector shall perform all duties and functions as directed
by the Municipal Tax Collector.
d.
Salary. The salary of the Deputy Tax/Utility Collector shall be as
fixed by the annual Salary Ordinance.
[Ord. #2-1966, § 51-1]
There is established in the Borough, pursuant to P.L. 1948,
Chapter 264, as amended, a Municipal Court which shall be entitled
the "Municipal Court of the Borough of Spring Lake Heights."
[Ord. #2-1966, § 51-3]
The Municipal Court of the Borough shall have a seal which shall
bear the impress of the name of the Court.
[Ord. #2-1966, § 51-4]
The Municipal Court shall have a Judge known as the Municipal
Judge. He shall serve for a term of three years from the date of his
appointment and until his successor is appointed and qualified. The
Municipal Judge shall be appointed by the Mayor with the advice and
consent of the Council.
[Ord. #2-1966, § 51-5]
The Municipal Court shall have, possess and exercise all the
functions, powers, duties and jurisdiction in criminal cases; shall
have and exercise all the authority of a committing Judge and such
further jurisdiction as is set forth in the aforesaid Act of the Legislature.
[Ord. #2-1966, § 51-7]
The salary of the Municipal Judge shall be as established in
the current salary ordinance.
[Ord. No. 27-2010]
Certified Court Disposition Fee shall be $5.
[Ord. #2-1966, § 72-1; Ord. #11-1981, § 1;
Ord. #10-1982, § 1; Ord. #6-1997, § 1; Ord. #02-2008, § 1; Ord. No. 20-2010]
a.
Police Department Established. A Police Department is hereby established
in the Borough of Spring Lake Heights, which shall consist of a uniformed
force as hereinafter set forth.
b.
Composition of Department. The membership of the Police Department
shall consist of not more than the following regular members: one
Chief of Police, one Captain, one Lieutenant, three Sergeants, two
Corporals, 10 Patrolmen, five Dispatchers, and three Matrons. In addition
to the regular members, the Department may employ not more than four
Special Police Officers.
c.
Chain of Command. All necessary orders and directives for the management
and regulation of the Police Department shall be given through the
chain of command. The chain of command shall be as follows:
[Ord. #2-1966, § 72-1; Ord. #11-1981, § 1;
Ord. #10-1982, § 1]
The members of the Police Department as set forth in subsection 2-13.1 above shall receive compensation and salaries as the Mayor and Council shall determine.
[Ord. #2-1996, § 72-3; Ord. #02-2008, § 1; Ord. No. 20-2010]
a.
The head of the Police Department shall be the Chief of Police, who
shall be appointed by the Mayor and Council for an indefinite term
of office.
b.
In accordance with N.J.S.A. 40A:14-118, the Chief of Police shall
be the head of the Police force, and he shall be directly responsible
to the appropriate authority, as defined herein, for the efficiency
and routine day-to-day operations thereof. He shall, pursuant to the
policies established by the appropriate authority:
1.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
2.
Have, exercise and discharge the functions, powers and duties of
the force.
3.
Prescribe the duties and assignments of all subordinates and other
personnel.
4.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force, to be exercised under his direction and supervision.
5.
Report at least monthly to the appropriate authority, in such form
as shall be prescribed by the appropriate authority, on the operation
of the force during the preceding month and make such other reports
as may be requested by the appropriate authority.
c.
As used in this section, the term "appropriate authority" means the
Mayor and Borough Council. The Mayor and Borough Council shall act
in all matters relating to the police function in the Borough as a
body.
d.
In the temporary absence or temporary inability or disability to
act by the Chief of Police, the Captain shall carry on the duties
and responsibilities of the Chief of Police until such time as the
Chief is able to return and resume his duties.
e.
In the temporary absence or temporary inability or disability to
act by both the Chief of Police and Captain, an acting Chief of Police
shall be designated by the appropriate authority to carry on the duties
and responsibilities of the Chief of Police until such time as either
the Chief of Police or the Captain is able to return and resume the
duties of Chief of Police.
[Ord. #2-1966, § 72-5; Ord. #02-2008, § 1; Ord. No. 20-2010]
a.
The Chief of Police shall be authorized and empowered to prescribe
rules and regulations governing the Police Department with respect
to the following:
b.
Proposed rules and regulations and amendments and supplements thereof shall be delivered by the Chief of Police to the appropriate authority. All such rules and regulations and amendments and supplements thereto shall be considered by the appropriate authority, who may approve all or a part thereof. The appropriate authority's power of approval is subject to the chain of command as set forth in subsection 2-13.1 above.
c.
Rules and regulations, when approved by the appropriate authority,
shall be effective for the administration and control of the Police
Department from and after the date of approval; or such later date
as may be provided in the rules and regulations or by direction of
the appropriate authority.
d.
If a conflict occurs between any rules and regulations proposed and
approved and this Code, then the provisions of this Code shall control.
[Ord. #2-1966, § 72-5]
Nothing in this section shall affect the tenure, if any, or
the term of service of any one Police Officer of this Borough.
[Ord. #4-2001, §§ 1 — 4; Ord. #1-2005, § 1]
a.
Monitoring Required. In the case of any activity undertaken in the
Borough of Spring Lake Heights by private persons or entities, which
in the opinion of Spring Lake Heights Police Department personnel
results in a hazardous condition be created for the driving or pedestrian
public, the activity is to be monitored by Police Department personnel
pursuant to the terms of this subsection prior to the commencement
of any work except in the case of an emergency.
b.
Procedure. Private persons or entities who have the need to employ
members of the Spring Lake Heights Police Department pursuant to this
subsection to engage in police related activities, such as directing
motor vehicle traffic, must contract directly with the Borough of
Spring Lake Heights and provide, in writing, notice of any and all
road openings, paving or milling to the Chief of Police seven calendar
days prior to the start of any work and remit payment directly to
the Borough for the services of the police officers during their off-duty
hours at the rate of $40 per man hour. In addition payment shall be
made to the Borough for an administrative fee at the rate of $10 per
hour and a vehicle usage fee of $10 per hour per vehicle. The form
of contract to be executed by the parties is to be supplied by the
Borough of Spring Lake Heights.
c.
Deposit and Use of Funds. All payments made to the Borough pursuant
to this subsection shall be deposited into a dedicated fund to be
maintained by the Borough Clerk and it shall be a requirement that,
except in the case of an emergency, payment is to be made to the Borough
prior to the commencement of any work. Estimates of the amount of
time the services of the police officers will be needed are to be
submitted to the Borough Clerk and the Borough Clerk will calculate
the fee to be paid in advance employing the figures heretofore set
forth and a sum equal to 125% of that sum shall be deposited with
the Borough. In the event it is determined that the sum deposited
is not sufficient to cover the costs incurred, the Borough Clerk shall
require the deposit of additional funds or the work shall cease. In
the event of any excess funds upon the completion of the work, the
funds shall be returned to the individual or entity that posted same.
All vehicle usage fees received by the Borough are to be dedicated
for the future purchase of police vehicles.
d.
Continuing Activities. In the case of private persons or entities
which continually perform work in the Borough requiring the employment
of Spring Lake Heights Police Department personnel, such as New Jersey
Natural Gas Co. and GPU, that person or entity shall have the option
of providing the Borough with a payment bond, to be approved by the
Borough Attorney as to form, in the minimum amount of $5,000 or to
maintain an account with a minimum balance of $2,500. The foregoing
shall serve to meet the requirements of paragraph c of this subsection
but, in any case, where the amount of employment exceeds the amount
of the payment bond or the minimum balance maintained in the account,
work shall cease until such time as the bond is raised or the fund
replenished.
[Ord. #23-2003, § 1]
a.
The Spring Lake Heights Police Department may hold a person who is arrested for a violation of the provisions of R.S. 39:4-50 in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to himself or others. Any person held may be released from protective custody when that person is no longer a danger to himself or others. For purposes of this subsection a person is no longer a danger to himself or others when the person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired. In no event shall a person be held in protective custody for a period of longer than eight hours without providing an appropriate hearing.
b.
Notwithstanding the provisions of paragraph a above, provided that
it is not a detriment to the public safety, the Spring Lake Heights
Police Department may, because of the age, health or safety of the
arrested person, release the person pursuant to the provisions of
P.L. 2001, c.679 (C.39:4-50.22 et seq.) or provide an appropriate
alternative to protective custody. The Borough of Spring Lake Heights
and its Police Department shall not be subject to liability if a person
is released from custody pursuant to the provisions of this subsection.
c.
Nothing in this subsection shall be construed as requiring the use
of State Police facilities by the Borough of Spring Lake Heights for
the purposes of this subsection.
[Ord. #2-1966, § 31-1; Ord. #2-1974; Ord. #6-1986, § 1]
Any person desiring to become a member of the Fire Department
of the Borough shall be eligible therefor between the ages of 18 and
60 years, provided he is a citizen of the United States and is in
good physical condition, upon submission of a written report from
a duly licensed and practicing physician of the State of New Jersey
with respect to his physical condition, and upon approval of his application
for membership.
[Ord. #2-1966, § 31-2]
Every member of the Fire Department shall in each and every
year perform at least 60% of duty, the 60% being composed of answering
fire alarms, actual attendance and duties at fires, and not exceeding
20 drills in each and every year.
[Ord. #2-1966, § 31-3; Ord. #11-1993, §§ 1 —
7]
Every person seeking to join the Fire Department shall make application to the company or unit of the Department which he desires to join. Upon his election to membership by a vote of a majority of the unit present and voting, and after complying with the provisions of subsection 2-14.1, he shall become a member in good standing of the Fire Department, subject however, and only after approval of his membership by the chief and by the Borough Council, whereupon, he shall be given a badge of membership in his unit, which badge shall be worn at all times, and especially when on duty. The badge shall be delivered up to the Chief at any time upon demand of the Chief, if the person shall be under charges involving moral turpitude or neglect of duty, or, for any cause, shall cease to be an active fireman.
a.
Disclosure of Information.
1.
This paragraph is enacted pursuant to N.J.S. 40:42-1 et seq. known
as The Home Rule Act which directs municipalities to act for the health,
welfare and safety of its citizens and to implement N.J.S. 15:8-1.1.
2.
Membership in a volunteer fire company means membership in a volunteer fire company organized pursuant to Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes, membership in a volunteer fire company or similar organization constituted in a Fire District pursuant to N.J.S. 40A:14-70.1, membership in a junior firefighter's auxiliary established pursuant to N.J.S. 40A:14-95, or nonpaid membership in a partpaid fire department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.
3.
Any person desiring membership in the Spring Lake Heights Volunteer
Fire Company shall complete in duplicate, filing the same with the
Fire Company, an application the form of which may be prescribed by
the Volunteer Fire Company, but which shall contain the following
information about the applicant:
(a)
Name.
(b)
Home address.
(c)
Birth date.
(d)
Social Security Number.
(e)
Driver's License Number.
(g)
Any conviction or violation of N.J.S. 2C:33-3 (False Public
Alarms)
(h)
Any conviction of a crime or disorderly persons violation.
(i)
Such other information as the Volunteer Fire Company deems relevant
to the application provided none of such information is prohibited
by law.
4.
Following the filing of such application the Volunteer Fire Company
shall transmit one of the applications to the Chief of Police of the
Borough of Spring Lake Heights who shall conduct an investigation
to ascertain the truth of the statements made by the applicant upon
his/her application and any such other investigation of the applicant's
back-ground as he deems necessary for the protection of the public
good. If as the result of such investigation the applicant is found
to have been convicted of a violation of 2C:17-1 a, b, c and/or d
or N.J.S. 2C:33-3 or any other crime or disorderly persons violation
or if he discovers any other information that would indicate the applicant
may be a threat to the health, safety or welfare of the community,
the Chief of Police shall report such information and the particulars
thereof to the Volunteer Fire Company.
5.
In connection with said investigation, the applicant shall submit
to fingerprinting and the Chief of Police is authorized to submit
applicant's fingerprint card to and receive state criminal history
record information from the Division of State Police/State Bureau
of Identification for use in considering the suitability of all applicants
covered under this paragraph.
6.
This paragraph is intended to make the Spring Lake Heights Volunteer
Fire Company an Authorized Agency as defined in N.J.A.C. 13:59-1.1.
7.
The above investigation by the Chief of Police shall be completed
within 30 days of receipt of the application and the fingerprinting
of applicant.
[Ord. #2-1966, § 31-4]
a.
The officers of the Department shall consist of a Chief and as many
Assistant Chiefs as may be required or thought advisable.
b.
The officers of each company shall consist of a Fireman or Captain
and such other officers as each company may select.
c.
On the second Tuesday of December of each and every year hereafter, the Fire Department shall select a Chief and such Assistant Chiefs as may be specified in subsection 2-14.4, paragraph a.
d.
The Chief shall be nominated by the company next in order of seniority
entitled to such selection; the First Assistant Chief shall be nominated
by the company next thereafter in order of seniority; and the Second
and Third Assistant Chiefs, if any, shall be nominated by the companies
next thereafter in order of seniority, respectively, in which every
member of the company entitled to so nominate shall be members in
good standing and above the age of 21 years. The name of the nominees
shall be submitted to and voted upon by the Department at the annual
election.
[Ord. #2-1966, § 31-5]
a.
The elections shall be held in the usual meeting places of each of
the companies so entitled to select officers, the polls to open at
7:00 p.m. and to close at 9:00 p.m. of the day appointed for holding
the elections. A statement of the result of the elections shall be
signed by the Chairman and Secretary of the meeting and transmitted
to the Borough Clerk, and shall by him be submitted to the Borough
Council.
b.
The Chief, First Assistant Chief, or other Chiefs so elected shall
hold their offices respectively, for one year from the first day of
January following the elections, and the officers may be eligible
to re-election. The Chief of the Department shall be compensated for
his services in such sum as may be decided upon by the Borough Council.
c.
The chief officers shall each be members of different companies.
In no case, shall any two or more of the officers be members of the
same Fire Department unit or company unless there be but one company
composing the Department.
[Ord. #2-1966, § 31-6]
a.
The Fire Department shall consist of Independent Fire Company No.
4 of the Borough, together with any additional fire company or fire
companies that may hereafter become duly constituted.
b.
Any fire company added to the Fire Department shall have not more
than 30 members of legal age as required by the provisions of this
section and must comply with all requirements thereof.
[Ord. #2-1966, § 31-7]
No person shall be eligible to the office of Chief or First
Assistant Chief who has not resided and served as an active Fireman
in the Borough of Spring Lake Heights for two years next preceding
his election, providing, however, that all past officers of the Fire
Department shall be eligible for election to the office of Chief or
First Assistant Chief.
[Ord. #2-1966, § 31-8]
It shall be the duty of the Chief to examine, at least once
in each month, all fire apparatus and all buildings in use for the
protection of the same, and any and all public fire hydrants and fire
plugs, and report the condition thereof to the Borough Council at
its next regular meeting thereafter, together with the number of fires
attended by him or by the First Assistant Chief, or Second Assistant
Chief, or Third Assistant Chief, with the cause of the fires, if any
cause can be determined, and with such other information as he may
deem proper. He shall, in all cases of fire threatening injury to
or destruction of property, take prompt and effectual measures, and
use the means of the Department to extinguish the fire; he shall at
all times have sole and absolute control and command over the fire
apparatus and over the members of the Department and over all other
fire apparatus aiding and assisting the Department in the event of
fire.
[Ord. #2-1966, § 31-9]
Any member of the Department who completes the above as required
by law to become exempt shall serve seven years as an active Fireman
under Municipal control and will thereafter be entitled to apply for
exempt certificate. Such certificate of exemption shall be issued
by the Borough Council upon certification by Secretary of the Fire
Company, signed by him and the President of the company of which the
applicant is a member. The member upon completion of his term of service
of seven years, or a member of the Department incapacitated by illness
and cannot longer serve as an active Fireman, may retire as an active
member upon certification by a practicing physician that the member
is physically or mentally unfit for further service as an active Fireman.
[Ord. #2-1966, § 31-11]
It shall be the duty of the Chief to see that all new hose is
subjected to a test of 200 pounds hydrostatic pressure and that all
hose is tested annually at a hydrostatic pressure of 150 pounds.
[Ord. #2-1966, § 31-12]
It shall be the duty of the Chief to arrange the drills and
training so that they will include the proper and efficient use of
all appliances and apparatus, the quick handling, laying and raising
of hose, handling of streams, use of shut-off nozzles, Siamese connections,
forcible entry tools, salvage work, ladder work, lifesaving, and other
improved methods of extinguishment of fires and particular attention
to the care of motors in quarters.
[Ord. #2-1966, § 31-13]
It shall be the duty of the Chief of the Department upon recommendation
of the Captain of the Fire Company to appoint one or more drivers
who shall be assigned to drive motor apparatus of company; the driver
shall be equipped by experience in driving and knowledge of motors
in order to be appointed and shall possess all insurance requirements
for the running of vehicles.
[Ord. #2-1966, § 31-14]
It shall be the duty of the Company Chief of each company to
keep a permanent record of the fire and drill service of each member
of his company. A copy of this record shall be submitted to the Chief
of the Fire Department at the close of each year.
[Ord. #2-1966, § 31-15]
In the absence of the Chief, this command shall devolve upon
his duties being performed by the First Assistant Chief, or in the
absence of both by the officers of the Department assigned by the
Chief for that duty, or in the absence of officers so delegated by
the Chief, the first arriving officer in the district of locality
of the fire.
[Ord. #2-1966, § 31-16]
The Chief and Assistant Chief or Chiefs shall attend all fires
which may occur within the Borough and each, in the order of seniority
of position, is hereby authorized and empowered to take charge of
any burning building or buildings, and any other building likely to
be burned or threatened with burning; to admit only such and so many
persons to the building or buildings as they or either of them may
deem necessary to aid in the extinguishment of the fire and preservation
of property.
The officers are hereby vested with all the powers, for the
time being, of Police Officers of the Borough of Spring Lake Heights,
and also while proceeding to, attending upon, and returning from a
fire, in answer to an alarm of fire, to the end that they may and
shall preserve the peace and protect all property, both public and
private.
[Ord. #2-1966, § 31-17]
The chief, the First Assistant Chief, or other officers, shall
wear, when on duty, hats or helmets upon which shall be clearly shown
the names of their respective officers.
[Ord. #2-1966, § 31-18]
Each company shall have a Secretary, who shall be elected by
ballot at the annual meeting of the company in each and every year.
[Ord. #2-1966, § 31-19]
a.
It shall be the duty of the Secretary of each company, on or before
the last Monday in each and every year, to report to the Chief the
name, residence, occupation and place of occupation of each person
who is a member of his company in good standing at that time, which
list the Chief shall file with the Borough Clerk on or before the
next meeting of the Borough Council. The Secretaries of all Departmental
units shall submit to the Secretary of the local Firemen's Relief
Association a complete list of all active members of his company;
the lists when filed shall carry the name of the member, date of joining
Department or company, and age at time of joining. The Secretary shall
file annually supplemental lists showing any addition, resignation
or changes in membership made necessary by any cause whatever; the
list so given shall give name of member, date of action so recorded
and other information necessary for keeping a complete record of the
active membership of the Department.
b.
On or before the last Monday in June and December of each year, the
Secretary of each company shall furnish the Chief with the name of
any and all members of his company who have died, resigned or been
expelled during the last preceding six months, and the date of such
resignation, expulsion, etc., to the end that such names shall appear
in the Chief's semi-annual report to the Borough Council.
[Ord. #2-1966, § 31-20]
a.
No person who shall have been suspended or expelled from the Department
shall run with any of the apparatus or interfere with or handle the
same in any way, shape or manner.
b.
Upon conviction of a violation of this section before any Municipal
Judge, such person shall be liable to punishment as a disorderly person.
[Ord. #2-1966, § 31-21]
It shall be the duty of the officers of each company to prevent
all improper persons from in any way handling or interfering with
the apparatus of the respective companies; to prevent any racing of
their company with any other company; and to abstain and to cause
all members to abstain from any conduct likely to cause a breach of
the peace or bring discredit on the Fire Department.
[Ord. #2-1966, § 31-22]
It shall be the duty of the Foreman or Captain of each company
to see that the apparatus and house of his company are protected from
danger by neglect or otherwise.
[Ord. #2-1966, § 31-24]
No fire apparatus shall at any time be used on any mere unnecessary
trial of skill or power; provided, however, that the provisions of
this subsection shall not prevent competitions between companies or
other events authorized by Chief of Department by authority of the
Borough Council.
[Ord. #2-1966, § 31-25]
Any person who shall at any time willfully and unnecessarily
drive any vehicle upon or over any hose or any other part of Fire
Department equipment shall, upon conviction of the act before a court
of competent jurisdiction, be subject to punishment as a disorderly
person.
[Ord. #2-1966, § 31-26]
All fire apparatus shall, subject to the provisions of the traffic
act, have the right-of-way over any and all vehicles, ambulances excepted,
in responding to an alarm of fire.
[Ord. #2-1966, § 31-27]
It shall be the duty of the officers and members of the Fire
Department to promptly report any violation of this section to the
Chief, who is hereby empowered to take such action thereupon as may
be deemed advisable and for the best interests of the Fire Department;
provided, however, that no penalties other than such as are in this
section provided shall be imposed.
[Ord. #2-1966, § 31-28]
The penalty for any violation of this section to which no definite
penalty is attached, shall, in the case of an officer or member, be
demotion from his office, or suspension from the Fire Department or
both.
[Ord. #2-1966, § 31-29]
If any officer or member of the Department shall feel aggrieved
at or dissatisfied with any ruling, order or penalty given or imposed
by any of the other officers or acting officers, he shall give a notice
in writing, setting forth fully the time, place and circumstances
with the name of the officer, whereby he claims a grievance, and stating
the grounds of his alleged grievance, whereupon, and upon filing such
notice with the Chief of the Department, it shall become the duty
of the Chief to call together a Board of Inquiry consisting of the
Chief, as presiding officer of such board, Assistant Chiefs, and the
Senior Foreman of each company, in the Department, for the purpose
of, and it shall be their duty to afford the aggrieved officer or
member of the Department a full hearing of the matter in controversy,
and such Board of Inquiry shall make such ruling in the matter as
ought to be made for the best interests of the Fire Department.
[Ord. #2-1966, § 31-30]
Two weeks' notice to the member filing a grievance as aforesaid
shall be given and he shall be entitled to select any person or member
to represent him at any hearing as aforesaid as his counsel, and the
Board of Inquiry shall be entitled to select any person or member
as its counsel upon such hearing.
[Ord. #2-1966, § 31-31]
Decision of all matters in controversy before such Board of
Inquiry shall be a majority vote of the members of such Board and
shall be final.
[Ord. #10-1975, § 1]
a.
Pension Authorized; Amount; Beneficiaries. A pension, not to exceed
the sum of $2,500 annually, shall be paid to the surviving spouse
of any volunteer Fireman who has died or shall have died as the result
of injuries sustained in the course of performance of duty as a member
of the Volunteer Fire Department of the Borough, as long as he/she
shall not remarry, or to the minor children or child of such Fireman,
if he/she leaves no surviving spouse surviving him/her, or to the
minor child or children after the death of such surviving spouse,
and until such minor child or children shall attain his or their majority.
b.
Conditions for Receipt of Pension. The pension shall become effective
only if the Fireman has died or shall have died as the result of injuries
sustained in the course of performance of duty as a volunteer Fireman
of the Volunteer Fire Department, and upon the passage of a resolution
providing for the payment of such pension by the Borough Council.
c.
Provision for Payment. Upon the occurrence of such event and after
the passage of such resolution, the governing body shall make provision
for the payment of such pension in its annual budget.
d.
Initial Payment. The initial payment of such pension shall be made
after and as of January 1 of the year following the occurrence of
such event and the passage of the required resolution.
e.
Manner of Payment. Payment of the pension shall be made in equal
monthly payments in conjunction with the Borough monthly payroll.
[Ord. #2-1966, § 11-1]
There shall be established in the Borough a local Board of Health
pursuant to an act entitled, "An Act to establish in this State Boards
of Health and a Bureau of Vital Statistics, and to define their respective
powers and duties," approved March 31, 1887, and the supplements thereto.
[Ord. #2-1966, § 11-2]
The Board of Health shall be composed of five members, one of
which members shall hold his office for one year from the date of
his appointment, two of which members shall hold their office for
two years, and two of which members shall hold their office for three
years from the date of their appointment, and thereafter at the expiration
of the respective terms the appointment shall be made in the same
manner for the term of three years; provided that in case a vacancy
shall occur in the Board by death, resignation or removal, it shall
be filled in the same manner in which the original appointments were
made, but for the unexpired term only.
[Ord. #2-1966, § 11-3]
The Board of Health shall meet and organize, appoint the necessary
agents and officers of the Board, establish rules for their own government
and pass ordinances and make rules and regulations in regard to the
public health in the Borough, as directed by law.
[Ord. #2-2003, § 1]
This section shall be known and may be cited and referred to
as the "Emergency Management Ordinance of the Borough of Spring Lake
Heights".
[Ord. #2-2003, § 1]
It is the intent and purpose of this section to establish an
Emergency Management System that will ensure the complete and efficient
utilization of all of the Borough's facilities to combat disaster
resulting from emergencies, natural or man-made, or nuclear disasters
or enemy attack.
[Ord. #2-2003, § 1]
The Emergency Management System will coordinate all activity
in connection with emergency management; it will be the instrument
through which the Mayor and Council may exercise the authority and
discharge the responsibilities vested in them in the New Jersey Civil
Defense Act of 1942, P.L. 1942, c. 251, as amended and supplemented,
and by authority of this section.
[Ord. #2-2003, § 1]
This section will not relieve any Borough department of any
of the responsibilities or authority given to it by any law, Administrative
Code or local ordinance, nor will it adversely affect the work of
any volunteer agency organized for relief in disaster emergencies.
[Ord. #2-2003, § 1]
The following definitions shall apply in the interpretation
of this section:
Shall mean the Coordinator of the Spring Lake Heights Emergency
Management System, appointed as prescribed in this section.
There shall be up to three Deputy Emergency Management Coordinators
who shall be appointed as prescribed in this section. All Deputy Emergency
Management Coordinators shall be required to have all of the training,
certificates and credentials that are required of the Coordinator.
Shall mean an unusual incident or the imminence thereof,
resulting from natural or unnatural causes which endangers the health,
safety or resources of the residents of this Borough and which is
or may become too large in scope or unusual in type to be handled
in its entirety by regular Borough operating services.
Shall mean and include "disaster" and "war emergency" as
defined in this section.
Shall mean the employees, equipment and Borough facilities
of all departments, boards, institutions and commissions; and, in
addition, it shall include all volunteer persons or agencies.
Shall mean any person duly registered, identified and appointed
by the Coordinator of the Emergency Management System and assigned
to participate in the emergency management activity.
Shall mean and include any disaster, or the imminence thereof,
resulting from natural or unnatural causes other than enemy attack
and limited to the extent that action by the Governor under the New
Jersey Emergency Management - Disaster Control Act is not required.
Shall mean and include responding to any event as described as an emergency as defined in section under subsection 2-16.5.
Shall mean and include plans, programs and other emergency
procedures promulgated by the Emergency Management Coordinator.
Shall mean contributing of services, equipment or facilities
to the emergency management organization without remuneration.
Shall mean and include any disaster occurring in this jurisdiction
as a result of enemy attack or the imminent danger thereof.
[Ord. #2-2003, § 1]
a.
The Mayor shall appoint not more than 15 members to a Local Emergency
Planning Committee. Members shall hold office at the will and pleasure
of the Mayor. The Emergency Management Coordinator shall be a member
and shall serve as Chairman of the Local Emergency Planning Committee.
The Local Emergency Planning Committee shall assist the Borough in
establishing the various local volunteer support needed to meet the
requirements of all emergency management and disaster control activities
in pursuance of the provisions of P.L. 1942, c. 251, as amended, and
this section.
Membership in the Emergency Planning Committee should include
representation from the following stakeholder groups and organizations,
where available:
1.
Elected and local officials.
2.
Emergency management (the Municipal Emergency Management Coordinator
serves as the LEPC chairperson).
3.
Law enforcement.
4.
Fire service.
5.
EMS/First Aid.
6.
Health.
7.
Local environmental and transportation agencies.
8.
Hospitals.
9.
Local media representatives.
10.
Community groups.
11.
Representatives of facilities subject to the emergency planning and
Community Right-to-Know requirements (if one is located in the municipality).
12.
Local business leaders.
b.
The Mayor shall appoint an Emergency Management Coordinator, who
shall be a person well-versed and trained in planning operations involving
the activities of many different agencies which will operate to protect
the public health, safety and welfare in the event of danger from
emergencies as defined in this section. Said person must have completed
any and all necessary courses in civil defense and the professional
development series from the Federal Emergency Management Agency. The
Coordinator must comply with all Federal, State, County or municipal
training guidelines. The term of appointment will be three years.
c.
The Coordinator is hereby authorized and directed to create an organization
for emergency management utilizing to the fullest extent the existing
agencies within this Borough. The Coordinator, as executive head of
the Emergency Management System, shall be responsible for its organization,
administration and operations.
d.
The organization shall consist of the following:
1.
An Emergency Management System will be designated by the Mayor. He
shall appoint an executive head of the Emergency Management System,
who shall be known as the Coordinator of the Emergency Management
System, and such volunteer assistants and other employees as he/she
may deem necessary for the proper functioning of the organization.
2.
The employees, equipment and facilities of all Borough departments,
boards, institutions, authorities and commissions will participate
in emergency management activity when requested, if able.
3.
Volunteer persons and agencies offering service to and accepted by
the Borough.
e.
The Coordinator shall designate and appoint, with the approval of
the Mayor, a Deputy Coordinator or Coordinators to assume the emergency
duties of the Coordinator in the event of his absence or inability
to act, the intent being that there will always and at all times be
a Coordinator in charge of emergency management operations.
[Ord. #2-2003, § 1]
a.
The Coordinator of the Emergency Management System and his/her designee
shall be responsible to the Mayor in regard to all phases of the emergency
management activity. Under the supervision of the Mayor, he shall
be responsible for the planning, activation, coordination and operation
of the emergency management activity in the Borough. Under the supervision
of the Mayor, he shall maintain liaison with the County, State and
Federal authorities and the authorities of other nearby political
subdivisions as to ensure the most effective operation of the emergency
management plan. His duties shall include but not be limited to the
following:
1.
Personnel. The Coordinator and his/her designee shall coordinate
the recruitment of volunteer personnel and agencies to augment the
personnel and facilities of the Borough for emergency management purposes.
The Coordinator and his/her designee may require emergency services
of any Borough officer or employee. If regular forces are determined
to be inadequate, the Coordinator and his/her designee may require
the services of such other personnel as he can obtain that are available,
including citizen volunteers. All duly authorized persons rendering
emergency services shall be entitled to the privileges and immunities
as are provided by State law, the ordinances for regular Borough employees
and other registered and identified emergency management workers.
2.
The Coordinator and his/her designee may, under critical emergency
situation, obtain vital supplies, equipment and other properties found
lacking and needed for the protection of the health, life and property
of the people, and bind the Borough for the value thereof.
3.
The Coordinator and his/her designee shall negotiate and conclude
agreements with owners or persons in control of buildings or other
property for the use of such buildings or other property for emergency
management purposes.
4.
The Coordinator and his/her designee will cause to be prepared the
Spring Lake Heights Borough Emergency Operating Plan herein referred
to as the "Spring Lake Heights Borough Emergency Operations Plan."
5.
The Coordinator and his/her designee shall develop and coordinate
plans for the immediate use of all the facilities, equipment, manpower
and other resources of the Borough for the purpose of minimizing or
preventing damage to persons and property; and protecting and restoring
to usefulness the governmental services and public health, safety
and welfare.
6.
Through public information programs, the Coordinator and his/her
designee shall educate the civilian population as to actions necessary
and required for the protection of their persons and property in case
of emergency as defined herein, either impending or present.
7.
The Coordinator and his/her designee shall conduct yearly exercises
of the Spring Lake Heights Borough Emergency Operations Plan to ensure
the efficient operation of the emergency management forces and to
familiarize residents with regulations, procedures and operations.
8.
The Coordinator and his/her designee, with the approval of the Mayor,
shall order emergency management forces to the aid of other communities
when required only in accordance with the statutes of the State, and
he may request the State, County (or a political subdivision of the
State) to send aid to the Borough of Spring Lake Heights in case of
disaster when conditions in the Borough are beyond the control of
the local emergency management organization and/or resources.
9.
The Coordinator and his/her designee shall assume such authority
and conduct such activity as the Coordinator and his/her designee
and Mayor may direct to promote and execute the Spring Lake Heights
Borough Emergency Operations Plan.
10.
The Coordinator and his/her designee shall be the Chairman of the
Local Emergency Planning Committee.
b.
Whenever in his opinion a disaster has occurred or is imminent in
the Borough, the Coordinator shall proclaim a state of local disaster
emergency within the Borough. The Coordinator and his/her designee
may exercise the emergency power and authority necessary to fulfill
his general powers and duties as defined in this section. The judgment
of the Coordinator and his/her designee shall be the sole criteria
necessary to invoke emergency powers indicated in this section, and
other appropriate authorities. Nothing in this section shall be construed
as abridging or curtailing the powers of the Mayor and Council.
c.
Promulgation and Implementations of Regulations.
1.
During any period when disaster threatens or when the Borough has
been struck by disaster, within the definition of this section, the
Coordinator and his/her designee shall promulgate such regulations
as he deems necessary to protect life and property and preserve critical
resources.
2.
The Coordinator and his/her designee shall assist in implementing
such regulations, including:
(a)
Regulations prohibiting or restricting the movement of vehicles
in order to facilitate the work of emergency management forces or
to facilitate the mass movement of persons from critical areas within
or without the Borough.
(b)
Regulations pertaining to the movement of persons from areas
deemed to be hazardous or vulnerable to disaster.
(c)
Such other regulations necessary to preserve public peace, health
and safety.
3.
Regulations promulgated in accordance with the authority above will
be given widespread circulation by proclamations published and uttered
either by advertising, posting, newspaper or radio. These regulations
will have force of an ordinance when duly filed with the Clerk, and
violations will be subject to the penalties provided in this section.
[Ord. #2-2003, § 1]
a.
A comprehensive Emergency Operations Plan shall be maintained by
the Coordinator. The EOP shall conform to all relevant Federal statutes,
rules or regulations and shall identify significant hazards affecting
the Borough. The EOP shall be based upon criteria, objectives, requirements,
responsibilities and concepts of operation to implement all appropriate
protective remedial measures to be taken in response to a potential
or actual emergency as determined by the State Director of Emergency
Management. The EOP shall be reviewed and updated at least every two
years.
b.
In the preparation of this plan as it pertains to Borough organization,
it is the intent that the services, equipment, facilities and personnel
of all existing departments and agencies, including volunteer fire
companies and first aid squads (said department agencies and companies
hereinafter referred to as "departments"), shall be utilized to the
fullest extent to protect the peace, health and safety of citizens.
When approved, it shall be the duty of all municipal departments to
perform the functions assigned by the plan and to maintain their portion
of the plan in a current state of readiness at all times. The Emergency
Operations Plan shall be considered supplementary to this section
and have the effect of law whenever a disaster, as defined in this
section, has been proclaimed. The plan shall be compatible with County
and State plans.
c.
The Coordinator shall prescribe in the Emergency Operations Plan
those positions within the disaster organization, in addition to his/her
own, for which lines of succession are necessary.
d.
Each department and/or annex deputy assigned responsibility in the
Emergency Operations Plan shall be responsible for carrying out all
duties and functions assigned therein. Duties will include the organization
and training of assigned Borough employees and volunteers. Each department
head and/or annex deputy shall formulate an operation plan for his
service which, when approved, shall be annexed to and be a part of
the Emergency Operations Plan.
e.
When a required competency or skill for a disaster function is not
available within the Borough government, the Coordinator is authorized
to seek assistance from persons outside of government. The assignment
of duties, when of a supervisory nature, shall also grant authority
for the persons so assigned to carry out such duties prior to, during
and after the occurrences of a disaster. Such services from persons
outside of government may be accepted by the Borough on a volunteer
basis. Such citizens shall be enrolled as emergency management volunteers
in cooperation with the heads of departments affected.
[Ord. #2-2003, § 1]
a.
It shall be unlawful for any person to violate any of the provisions
of this section or of the regulations or plans issued pursuant to
the authority contained herein or to willfully obstruct, hinder or
delay any member of the emergency management organization as herein
defined in the enforcement of the provisions of this section or any
regulation or plan issued thereunto.
b.
Any person, firm or corporation violating any provisions of this
section or any rule or regulation promulgated thereunto, upon conviction
thereof, shall be punished by a fine of not more than $1,000 and costs
of prosecution or imprisonment for a period of not more than 90 days,
or both such fine and imprisonment, in the discretion of the court.
[Ord. #22-2003, § 1]
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq.,
the Home Rule Act which directs municipalities to act to provide for
the health, welfare and safety of its citizens.
[Ord. #22-2003, § 1]
As used in this subsection:
Shall mean and include the Borough of Spring Lake Heights'
employees, agents, officers, officials and supporting units as directed
through the Spring Lake Heights Emergency Management System.
Shall mean the Borough of Spring Lake Heights.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into any waters which
flow within the jurisdiction of the Borough or any land within the
jurisdiction of the Borough.
Shall mean any items used to extinguish or prevent any hazardous
material fire, or stop or contain any leak, release or spill involving
any hazardous material, which cannot be reused or cannot be replenished
without cost after that particular incident. These expendable items
include, but are not limited to, fire fighting foam, chemical extinguishing
agents, absorbent materials, sand, recovery drums, and any protective
equipment and clothing to include, but not restricted to, chemical
protective suits, chemical protective gloves, goggles, and any other
item owned or controlled by the Borough.
Shall mean any material, solid, liquid or gas, listed as
such under the N.F.P.A. Guide of Hazardous Materials, the Department
of Transportation Guide Book, the list of hazardous substances adopted
by the Federal Environmental Protection Agency (EPA), pursuant to
Section 311 of the Federal Water Pollution Control Act Amendment of
1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251
et seq.), and the list of toxic pollutants designated by Congress
or the EPA, pursuant to Section 307 of the Federal Water Pollution
Control Act, any hospital or medical waste, including but not limited
to, syringes, bandages, and discarded pharmaceutical products, and
any material warranting removal or cleanup in the opinion of the Spring
Lake Heights Emergency Management Coordinator.
Shall mean any motorized equipment, registered or unregistered,
including, but not limited to, a passenger car, motorcycle, truck,
tractor trailer, construction equipment, farm machinery, watercraft,
aircraft and trains.
Shall mean any container, drum, box cylinder or tank used
to hold or contain or carry or store any hazardous materials, whether
or not the container was manufactured for the containment of hazardous
material.
[Ord. #22-2003, § 1]
This subsection provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Borough, for costs expended,
without regard to ownership, for the purposes of mitigating, controlling,
or containing any incident in which a hazardous material is involved
in a fire, leak, spill or release, or where the potential thereof
exists, or for the prevention of same.
This section also provides for the reimbursement for the expenses
incurred by the Borough for the wages (regular or overtime) paid its
employees, agents, or servants as a result of an incident involving
a hazardous material, fire, leak, spill or release or a hazardous
material and for the costs of medical and hospital treatment for injuries
incurred by agents, servants or employees of the Borough.
This subsection also provides for a penalty for the violation
of the section for either committing a spill or for the failure to
report same.
[Ord. #22-2003, § 1]
a.
The discharge of hazardous substances is prohibited. This subsection
shall not apply to discharge of hazardous substances pursuant to and
in compliance with the conditions of a Federal or State permit.
b.
Any person who may be subject to liability for a discharge, or becomes
aware of a discharge which occurred prior to or after the effective
date of this section shall immediately notify the Spring Lake Heights
Emergency Management Coordinator or Chief of Police.
c.
Whenever any hazardous substance is discharged, the Borough may in
its discretion act to remove or arrange for the removal of such discharge.
d.
Any person who has discharged a hazardous substance, or who has failed
to report a discharge or who is in any way responsible for any hazardous
substance which has been or shall be removed by the Borough, shall
be strictly liable, jointly and severally, without regard to fault,
for all cleanup and removal costs and shall be liable for the wages
(regular and overtime) paid and the costs of medical and hospital
treatment for injuries incurred by the agents, servants and employees
of the Borough.
[Ord. #22-2003, § 1]
Reimbursement to the Borough for expendable items used shall
be made by the owner or operator of the vehicle responsible for the
hazardous material, fire, leak or spill; the owner or person responsible
for the vessel containing the hazardous material involved in such
fire, leak or spill on public or private property, whether stationary
or in transit and whether accidental or through negligence; the owner
or person responsible for any property from which any leak or spill
of hazardous material emanates, whether accidental or through negligence;
and the person responsible for the hazardous material fire, leak or
spill of hazardous material on public or private property, whether
accidental or through negligence.
[Ord. #22-2003, § 1]
Any person causing a hazardous material fire, leak, spill or
release involving a hazardous material must provide reimbursement
for services rendered by any recovery company, towing company, or
any other technical assistance called for by the Borough to handle
such an incident. In the event of a vehicle having been responsible
for or involved in such an incident, the vehicle shall be impounded
until such time as it has been deemed safe to proceed by the responsible
official in connection and cooperation of the Borough, and until such
time as arrangements have been made to reimburse the Borough and the
towing company for their expenditures under the terms of this section.
[Ord. #22-2003, § 1]
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Borough the full price
of expendable items and costs used to extinguish such fire, or to
stop or contain such leak, or to control such spill, within 45 days
after receipt of a bill therefore. The collecting agency shall utilize
its best efforts to collect costs hereunder and shall reimburse its
agents or the local units or amounts collected. In the event that
the collecting agency is not able to collect the costs or only a portion
thereof, the collecting agency shall not be responsible to its agents
or the local units for the full amount of same.
[Ord. #22-2003, § 1]
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Borough within the time required, shall be liable upon conviction, to the penalty stated in subsection 2-16.9b. The person or entity responsible for committing a spill, or who fails to report same, shall be liable for the same penalties as aforesaid.
[Ord. #1-1985, § 1]
The purpose of this section is to prescribe the manner in which
bills, claims and demands against the Borough shall be approved or
disapproved and the manner in which payments of moneys shall be authorized
as per N.J.S.A. 40A:5-17 et seq.
[Ord. #1-1985, § 1]
No bill, claim or voucher shall be honored by the Borough unless
a proper appropriation has been made therefor and there are sufficient
moneys to cover the expenditure.
[Ord. #1-1985, § 1]
a.
Any person, firm, company, partnership or corporation claiming payment
from the Borough shall first submit a detailed statement of the items
or demand necessitating such claim to the Borough Treasurer, specifying
particularly how the bill or demand is made up, with certification
of the party claiming payment that it is correct.
b.
No bill, claim or voucher shall be considered for payment unless
the voucher has attached to it or includes certifications of the Borough
Chairman or Co-Chairman of the committee having jurisdiction over
the payment and the Borough Treasurer stating that the goods have
been received by or the services have been rendered to the Borough
and that those services or goods are consistent with any existing
contract or agreement. In the case where a claim is not under the
jurisdiction of any particular committee, the Administrative Officer
in charge shall provide the certification in lieu of the committee
Chairman. The Borough Treasurer shall have the duty to audit, warrant,
and make recommendations on all claims and bills.
[Ord. #1-1985, § 1]
The bill, claim, or voucher, duly certified, shall be presented
to the Borough Clerk or Treasurer for inclusion in the agenda of the
next regular meeting of the governing body, and it shall be the duty
of the Treasurer or Borough Clerk to examine all bills or claims submitted
for payment to ascertain that proper administrative procedures have
been followed. Claims or bills to be considered by the Borough Council
shall be listed systematically without preference, and the list shall
be made available to every member of the governing body at or before
the meeting at which formal action is to be taken by such body.
[Ord. #1-1985, § 1]
Claims or demands for payments must be received by the Borough
Treasurer no later than the close of business on the Wednesday before
any regularly scheduled meeting for the claim or demand for payment
to be on the agenda of the meeting. Claims or demands received after
such time shall be considered by the Borough Council at its next following
regularly scheduled meeting.
[Ord. #1-1985, § 1]
Bills, claims or demands (vouchers) which have been duly approved
in accordance with the foregoing shall then be presented to the member
of the Borough Council who has been designated as either Finance Chairman
or Co-Chairman and to the Mayor. Both the Finance Chairman or Co-Chairman,
and the Mayor shall examine all such vouchers and indicate approval
on each voucher prior to submission to the Borough Council for payment.
[Ord. #1-1985, § 1]
The bills, claims, and vouchers shall then be considered by
the Borough Council, and approval shall be indicated by a majority
vote of all members voting, provided, however, that the Borough Council
may reject any bill, claim or voucher presented to it, stating the
reason for such rejection. Any rejected bill, claim, or voucher shall
be referred back to the Treasurer with such instructions as the Borough
Council may give at the time of disapproval.
[Ord. #1-1985, § 1]
All bills, claims, and vouchers approved for payment by the
Borough Council shall be paid by check after such check is signed
by the Mayor and countersigned by the Treasurer or Borough Clerk or
Deputy Borough Clerk. The Treasurer shall record all of the checks
in the books of account and cause the checks to be delivered to the
claimant.
[Ord. #8-1986, § 1]
It is the declared policy of the Borough that subsequent to
the passage of this Act criminal history record checks, including
if necessary to complete the record check, the fingerprinting of applicants,
shall be required for all persons in the following instances:
a.
All new employees hired;
b.
All persons acting as agents on behalf of the Borough;
c.
All Borough officers;
d.
All part time officials;
e.
All candidates for membership in the Independent Fire Company #1;
f.
Persons in voluntary service for the Borough in any instances as
required by Mayor and Council;
g.
Persons awarded public bidding contracts with the Borough, as required
by Mayor and Council;
h.
All principal persons listed on applications for A.B.C. licenses
and renewals;
i.
Persons listed on applications for license for Automatic Amusement
Devices in any instances as required by the Borough Clerk and/or Chief
of Police;
j.
Persons and/or Organizations listed on applications for Legalized
Games of Chance license in any instances as required by the Borough
Clerk and/or Chief of Police.
[Ord. #8-1986, § 2]
[Ord. #8-1986, § 3]
All information secured as a result of the criminal history
record check shall be confidential and shall be released only to appropriate
officials of the Borough involved in reviewing and acting on applications.
[Ord. #8-1986, § 4]
a.
All applicants shall complete request for criminal history record
information, including a security check authorization as an applicant
for non-criminal justice employment and all other instances.
b.
The security check authorization shall indicate that any criminal
history record information shall be released to the Borough of Spring
Lake Heights Police Department.
c.
The request form shall be forwarded to the Borough Police Department
and the Department shall forward same to the New Jersey State Police,
State Bureau of Identification, for report.
d.
In the event that the Police Department requests it, an applicant
shall be fingerprinted by the Department.
e.
The Police Department shall advise the Borough of the result of the
criminal history record check on all applicants.
[New]
Criminal history records may be waived by a decision of the
governing body.
[Ord. #11-2005, § 1]
a.
Finding. In the interest of child safety, the Borough Council of
the Borough of Spring Lake Heights determines that any person, 18
years of age or older, who participates in any capacity (either as
a volunteer or employee) for any program that is organized by the
Borough of Spring Lake Heights or any Spring Lake Heights-based organization
that utilizes Borough facilities must undergo a mandatory background
record check.
1.
Definition. Voluntary Review Operation shall mean the program that
the New Jersey State Police and U.S. Federal Government Agencies use
to conduct background checks.
b.
Mandatory Participation. Any person who has attained the age of 18
at the time of commencement of his or her participation in a youth
program organized for Spring Lake Heights' children must submit the
required personal information for a record check to be conducted on
that individual.
c.
Recognition of Comparable Record Check Programs. Any person who has
undergone a record check other than the program that is utilized by
the Borough, may request enrollment into the Borough plan so long
as it is within six months from the date of their application in a
comparable background record check program so long as it meets the
threshold standards of the program utilized by the Borough of Spring
Lake Heights.
d.
Term of Effectiveness. A person whose primary residence does not change must renew his or her enrollment in the background record check program every four years if the person wishes to continue as a volunteer or employee with youth programs covered in subsection 2-19.6a.
Any person who changes his or her residence must undergo the
full, mandatory record check each year.
e.
Celebrity Guests. Celebrity guests will be allowed to participate
in programs for Spring Lake Heights' children so long as they are
under the supervision of an approved record check participant.
f.
Visiting Teams and Organizations. This subsection does not apply
to volunteers and employees of teams and organizations that are not
based in Spring Lake Heights.
g.
Oversight. The Spring Lake Heights Chief of Police will act as the
program's coordinator for the Borough and as liaison to the Voluntary
Review Operation.
h.
Appeals. Appeals of decisions to decline an applicant from participation
in any activities covered by this subsection will be handled by the
Borough Coordinator.
At the discretion of the Borough Coordinator, a review panel
may be established to review appeals.
[1]
Editor's Note: Upon the adoption of this section by Ordinance
No. 1-1989, on February 14, 1989, all references to "Treasurer" in
the Revised General Ordinances of the Borough shall in fact be references
to the Chief Financial Officer.
[Ord. #1-1989, § 1; Ord. #11-1989]
There is hereby created the position of Chief Financial Officer
of the Borough of Spring Lake Heights in accordance with P.L. 1988,
Chapter 110. The Chief Financial Officer shall be appointed by the
governing body for a one year term commencing January 1 of the year
in which he is appointed. The governing body may appoint such assistant
or deputy finance officers as it sees fit.
[Ord. #1-1989, § 2; Ord. #11-1989]
The Chief Financial Officer shall:
a.
Receive funds entrusted, received or under the control of any department
and deposit all funds received by him in depositories authorized by
the governing body by resolution.
b.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all moneys of the
Borough not required for current operations safely invested or deposited
in interest-bearing accounts.
c.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of Borough bonds and notes for transfer, registration
or exchange.
d.
Keep a full account of all cash receipts and disbursements of the
Borough and at least once each month, or more often if the governing
body requires, furnish the governing body with a statement of all
moneys received and expended by him.
[Ord. #1-1989, § 3; Ord. #11-1989]
The Chief Financial Officer and any assistants or deputies shall
receive such compensation as shall be prescribed in the salary ordinance
of the Borough.
[Ord. #5-1990, § 1; Ord. #9-2004, § 1]
There is hereby created the position of Code Enforcement Officer/Zoning
Officer of the Borough of Spring Lake Heights. The Code Enforcement
Officer/Zoning Officer shall be appointed by the governing body for
a one year term commencing January 1 of the year in which he is appointed,
(except for the initial appointment which shall be for a period of
six months commencing July 12, 2004 and ending December 31, 2004).
[Ord. #5-1990, § 2; Ord. #9-2004, § 1]
The Code Enforcement Officer/Zoning Officer shall have the duties
and qualifications as described and set forth by resolution of the
Borough Council.
[Ord. #5-1990, § 3; Ord. #9-2004, § 1]
The Code Enforcement Officer/Zoning Officer shall receive such
compensation as shall be prescribed in the salary ordinance of the
Borough or as otherwise determined by the governing body.
[Ord. #2-1998, § 1]
There is hereby created in the Borough of Spring Lake Heights
the position of Municipal Public Defender. The Municipal Public Defender
shall be appointed by the Mayor and affirmed by the Council. The Municipal
Public Defender shall be appointed for a term of one year commencing
on January 1 or such later date on which the Municipal Public Defender
may be appointed, until December 31st of the year for which he is
appointed and until his successor shall have been appointed and qualified.
If a vacancy occurs during the course of the year, any appointment
shall be for the balance of the unexpired year.
[Ord. #2-1998, § 2]
The Municipal Public Defender shall be an attorney at law of
the State of New Jersey in good standing, and shall have and possess
all of the functions, duties, powers and jurisdiction of a public
defender as provided by general law and ordinance and shall appear
at the Municipal Court of the Borough of Spring Lake Heights at such
time and such manner as designated by the Judge of the Municipal Court
of the Borough of Spring Lake Heights.
[Ord. #2-1998, § 3]
The Municipal Public Defender shall represent an indigent defendant
charged in Municipal Court with a crime as specified in N.J.S. 2B:12-18
or, if in the opinion of the Municipal Court, there is a likelihood
that the defendant, if convicted of any other offense, will be subject
to imprisonment or other consequence of magnitude.
[Ord. #2-1998, § 4]
Eligibility for services of the Municipal Public Defender shall
be determined by the Municipal Court on the basis of need of the defendant.
Need shall be measured according to the provisions of N.J.S. 2A:158A-14
and guidelines promulgated by the New Jersey Supreme Court.
[Ord. #2-1998, § 5]
The Municipal Public Defender shall not represent any person
before the Municipal Court of the Borough of Spring Lake Heights unless
such person signs a Reimbursement Agreement obligating such person
to reimburse the Borough of Spring Lake Heights in compensating the
Public Defender if such person becomes capable of paying any or all
of those costs. An indigent defendant making application for the services
of the Municipal Public Defender shall pay an application fee of not
more than $200.
[Ord. #2-1998, § 6]
The Municipal Public Defender shall be compensated on an hourly,
per diem, annual, or other basis, as shall be established from time
to time by ordinance duly adopted by the Borough Council.
[Ord. #11-2002, § 1; Ord. #12-2007, § 1; Ord. No. 27-2010]
a.
Copies (OPRA) (Pursuant to N.J.S.A. 47:1A-5).
|
One to 20 pages
|
No Fee
|
|
Over 20 pages
| |
|
8.5 x 11
|
$0.05 per page
|
|
8.5 x 14
|
$0.10 per page
|
b.
Larger sizes: Based on actual cost
c.
Electronic media:
|
CDs
|
$1.75
|
|
Diskettes
|
$1; $0.50 if provided by requestor
|
|
Flash Drives
|
$0.50 when provided by requestor
|
d.
Other information - Maps, exhibits, drawings, transcripts, and other
specialized information Based on actual cost
[Ord. #11-2002, § 1; Ord. #12-2007 § 1]
|
Revised General Ordinance Code
|
$125 per book
|
|
Revised Board of Health Code
|
$25 per book
|
|
Revised Land Use Regulations Code
|
$60 per book
|
|
Supplement services for any of above
|
$15 per supplement
|
|
Copies of map sections
|
$1 per page
|
|
Computer printout copies
|
$2.50 per page
|
|
Formal map copies
|
As per estimate of engineer
|
|
Meeting, typed transcription
|
As per estimate of stenographer
|
|
Record certified by Borough Clerk
|
$1 additional per certification
|
|
Archival research
|
$14 per hour in 15 minute increments
|
[Ord. #11-2002, § 1; Ord. #12-2007 § 1; Ord. No. 27-2010]
|
a.
|
Certified Registrar's Copies:
(marriage, birth and death records)
|
$10 per copy
|
|
$5 for each additional copy requested at the same time
| ||
|
b.
|
Burial Permit*:.
|
$15
|
|
c.
|
Disinterment/Transita permit*:
|
$15
|
|
* Fees will be in accordance with state statute.
|
[Ord. #11-2002, § 1; Ord. #12-2007 § 1; Ord. No. 27-2010]
All requests for accident reports, police reports, drunk driving
reports, or any other Police Department reports shall be directed
to the attention of the central file, Police Department, Borough of
Spring Lake Heights, 555 Brighton Avenue, Spring Lake Heights, New
Jersey, 07762.
a.
Requests for Reports. Requests for reports shall contain, in the
case of accidents, the name of the drivers, date and location of accident.
All other requests shall list the name of the individual charged,
the purpose of the request, the offense charged, the date, and the
summons or complaint number.
b.
Fees for Reports and Services. Requests for reports and services
shall be accompanied by a check, cash or money order made payable
to the Borough of Spring Lake Heights in accordance with the rates
outlined herein. The fees shall be as follows:
|
One to 20 pages
|
No Fee
|
|
Over 20 pages
| |
|
8.5 x 11
|
$0.05 per page
|
|
8.5 x 14
|
$0.10 per page
|
|
Larger sizes:
|
Based on actual cost
|
|
Electronic media:
| |
|
CDs
|
$1; $0.50 if provided by requestor
|
|
Diskettes
|
$1; $0.50 if provided by requestor
|
|
Flash Drives
|
$0.50 when provided by requestor
|
|
Video Recording
|
Based on actual cost
|
|
Audio Recording
|
Based on actual cost
|
|
Fingerprinting
|
Based on actual cost
|
|
Accident Reports
|
Based on actual cost
|
[Ord. No. 2018-07]
a.
Any party entitled to redeem a tax certificate shall be provided
such calculation at no cost provided such no more than two requests
have been made in the calendar year. All calculations thereafter shall
require a fee of $50.
b.
The Tax Collector shall charge any party seeking a redemption amount
in order to file a foreclosure, the sum of $50 for such calculation.
c.
All requests for calculations by the Tax Collector referenced herein
shall be in writing and contain sufficient information to properly
identify the property and party in the Tax Collector's sole discretion
[Ord. #7-2002, § 1; Ord. No. 20-2011; Ord. No. 2013-03]
a.
Created. A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 338 of the Laws of 1997 (N.J.S.A. 40A:14-183,
et seq.) and N.J.A.C. 5:30-14.1, et seq., to reward members of the
Spring Lake First Aid Squad, all of whom are volunteer first aid/rescue
squad members, for their loyal, diligent and devoted services to the
residents of the Borough of Spring Lake Heights.
b.
The LOSAP shall provide for fixed annual contributions to a deferred
income account for each volunteer first aid/rescue squad member that
meets the criteria set forth below; that such contributions shall
be made in accordance with a plan that will be established by the
Borough of Spring Lake Heights, pursuant to P.L. 1997, c. 388 (N.J.S.A.
40A:14-183, et seq.); and that such plan shall be administered in
accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code and this section.
c.
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria set forth below:
1.
An "active volunteer member" who has been so designated by the Governing
Body and who has faithfully and actually performed volunteer service
for the year.
2.
Has accumulated, at least, the 100 required points in the aggregate,
as set forth in this section.
3.
Has met the required five years of eligible service in order to become
"vested" in the program. The active volunteer member shall not be
permitted to receive a distribution of the funds in his or her LOSAP
Account until the completion of a five-year vesting period.
4.
No credit for services rendered prior to January 1, 2001 shall be
provided under this section.
5.
Vesting period shall commence as of January 1, 2001.
6.
No credit shall be given to any member who does not earn the minimum
required 100 points, in the aggregate, in any calendar year.
7.
The maximum contribution, under this program, to be made to each
active volunteer member who qualifies shall be $1,000 per year of
active service, which cost shall be shared equally by the Borough
of Spring Lake Heights and the Borough of Spring Lake.
d.
The LOSAP shall provide for contributions as credit for prior year
services for each eligible volunteer who met the criteria for the
years 2001 and 2002.
f.
Each active volunteer member shall be credited with points for volunteer
services provided to the Spring Lake First Aid Squad in accordance
with the Schedule A attached hereto. However, points accumulated for
service to one organization will not be transferable for credit in
another organization.[2]
[2]
Editor's Note: Schedule A, referred to herein, is included
as an attachment to this Chapter.
g.
The Spring Lake First Aid Squad shall be required to appoint a LOSAP
Officer who shall be charged with the responsibility to certify, by
sworn affidavit, to the Governing Body the number of points attained
by each member of the squad, in accordance with Schedule A, on a quarterly
basis. Reports shall be due within five business days of the close
of each quarter and shall be submitted to the Chief Financial Officer
for review and distribution to the Mayor and Borough Council. The
Governing Body shall, within 30 days, review it and, if necessary,
request any records or other such backup that it deems necessary in
order to substantiate the information provided. No points shall be
considered to be valid without the certification of the LOSAP Officer.[3]
[3]
Editor's Note: Schedule A, referred to herein is included
as an attachment to this Chapter.
h.
Any volunteer who resigns from volunteer duty shall not be eligible
to rejoin the LOSAP program for a period of one year commencing January
1st of the year following their successful reentry into the volunteer
organization. In addition, it is noted that any vesting requirement
shall begin from the one year date. Should any member who has previously
resigned choose at a later date to rejoin the organization, they must
do so as a "new" member and cannot use any previous service credit(s).
No member can rejoin the organization within one year of resignation.
i.
The maximum number of active first aid/rescue squad members shall
be fixed as 35 active members.
j.
If a member of the Spring Lake First Aid Squad has achieved the required
number of points in a given year of service, but then ceases to be
an active participant prior to meeting the five year requirement for
vesting in compliance with the LOSAP Regulations, such individual
shall have three years within which to resume active status or their
accrued earnings shall be forfeited to the Borough's LOSAP account.
k.
General Requirements.
1.
Appropriations for the purpose of funding the Borough's LOSAP Plan
shall be included as a separate line item in the Borough's budget
commencing with the year 2003.
2.
Notwithstanding anything contained herein to the contrary, the annual contribution to be made by the Borough for active volunteer members may be subject to periodic increases based upon the "consumer price index factor" pursuant to subsection f. of N.J.S.A. 40A:14-185.
3.
The estimated cost of the program to the Borough has been calculated
to be approximately $15,000 for the year 2003.
4.
The Plan Administrator shall have the right to require any active
volunteer member, at the time of his or her becoming a participant,
to agree, in writing, to be bound by the terms, covenants and conditions
of the LOSAP and accompanying trust. Each participant shall furnish
to the Plan Administrator all pertinent information required for the
administration of the LOSAP. The Plan Administrator shall rely upon
all such information furnished.
[1]
Editor's Note: The Length of Service Awards Program (LOSAP),
codified herein, was approved by a vote of the electorate at the General
Election of November 5, 2002.
[Ord. No. 2018-11]
a.
Created. A Length of Service Awards Program (LOSAP) is herewith created
in accordance N.J.S.A. 40A:14-183, et seq. and N.J.A.C. 5:30-14.1,
et seq., to reward members of the Independent Fire Company No. 1 -
Spring Lake Heights, all of whom are volunteer firefighters, for their
loyal, diligent and devoted services to the residents of the Borough
of Spring Lake Heights.
b.
The LOSAP shall provide for fixed annual contributions to a deferred
income account for each volunteer firefighter member that meets the
criteria set forth below; that such contributions shall be made in
accordance with a plan that will be established by the Borough of
Spring Lake Heights, (N.J.S.A. 40A:14-183, et seq.); and that such
plan shall be administered in accordance with the laws of the State
of New Jersey, the U.S. Internal Revenue Code and this section.
c.
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria set forth below:
1.
An "active volunteer member" who has been so designated by the Governing
Board of Independent Fire Company No. 1 as confirmed by the Governing
Body of the Borough of Spring Lake heights and who has faithfully
and actually performed volunteer service for the year.
2.
Has accumulated the required points to receive distribution (whether
in whole or in part) in the aggregate, as set forth in this Schedule
A.
3.
Has met the required five years of eligible service in order to become
"vested" in the program. The active volunteer member shall not be
permitted to receive a distribution of the funds in his or her LOSAP
Account until the completion of a five-year vesting period.
4.
No credit for services rendered prior to January 1, 2003 shall be
provided under this section.
5.
Vesting period shall commence as of January 1, 2003.
6.
No credit shall be given to any member who does not earn the minimum
required points, in the aggregate, in any calendar year.
7.
The maximum contribution, under this program, to be made to each
active volunteer member who qualifies shall be $1,558 per year of
active service.
d.
The estimated cost of the program has been calculated as follows:
1.
To reward all qualifying members of the Independent Fire Company
No. 1 Spring Lake Heights approximately $55,530 per year.
e.
Each active volunteer member shall be credited with points for volunteer
services provided in accordance with the Schedule A attached hereto.
However, points accumulated for service to one organization serving
the Borough of Spring Lake Heights will not be transferable for credit
in another organization.
f.
The Independent Fire Company No. 1 Spring Lake Heights shall be required
to appoint a LOSAP Officer who shall be charged with the responsibility
to certify, by sworn affidavit, to the Governing Body the number of
points attained by each member of the squad, in accordance with Schedule
A, no less than annually. Reports shall be due within five business
days of the close of each quarter and shall be submitted to the Chief
Financial Officer for review and distribution to the Mayor and Borough
Council. The Governing Body shall, within 30 days, review it and,
if necessary, request any records or other such backup that it deems
necessary in order to substantiate the information provided. No points
shall be considered to be valid without the certification of the LOSAP
Officer.
g.
Any volunteer who resigns from volunteer duty shall not be eligible
to rejoin the LOSAP program for a period of one year commencing January
1st of the year following their successful reentry into the volunteer
organization. In addition, it is noted that any vesting requirement
shall begin from that date. Should any member who has previously resigned
choose at a later date to rejoin the organization, they must do so
as a "new" member and cannot use any previous service credit(s). No
member can rejoin the organization within one year of resignation
for the purposes of LOSAP participation.
h.
The maximum number of active volunteer firefighter members shall
be fixed as 35 active members.
i.
If a member of the Independent Fire Company No. 1 Spring Lake Heights
has achieved the required number of points in a given year of service,
but then ceases to be an active participant prior to meeting the five
year requirement for vesting in compliance with the LOSAP Regulations,
such individual shall have three years within which to resume active
status or their accrued earnings shall be forfeited to the Borough's
LOSAP account.
j.
General Requirements.
1.
Appropriations for the purpose of funding the Borough's LOSAP Plan
shall be included as a separate line item in the Borough's budget.
2.
Notwithstanding anything contained herein to the contrary, the annual contribution to be made by the Borough for active volunteer members may be subject to periodic increases based upon the "consumer price index factor" pursuant to subsection f. of N.J.S.A. 40A:14-185.
3.
The Plan Administrator shall have the right to require any active
volunteer member, at the time of his or her becoming a participant,
to agree, in writing, to be bound by the terms, covenants and conditions
of the LOSAP and accompanying trust. Each participant shall furnish
to the Plan Administrator all pertinent information required for the
administration of the LOSAP. The Plan Administrator shall rely upon
all such information furnished.
[Ord. #13-2003, § 1]
The Spring Lake Heights Environmental Commission is hereby established
pursuant to Chapter 245 of the laws of 1968 (N.J.S.A. 40:56A-1 to
40:56A-12), as amended by Chapter 35, P.L. 1972.
[Ord. #13-2003, § 1; Ord. #21-2003, § 1; Ord. No. 07-2011]
The Commission shall consist of seven members appointed by the
Mayor from a list of two candidates per vacancy adopted by the Borough
Council. One member shall be a member of the Planning Board. All members
shall be residents of Spring Lake Heights. The members shall serve
without compensation except as hereinafter provided. The Mayor shall
designate one of the members to serve as Chair and presiding officer
of the Commission for the duration of their term. The terms of office
of the first commissioners shall be for 1+, 2+ or 3+ years, to be
designated by the Mayor in making his/her appointments and their successors
shall be appointed for terms of three years and until the appointment
and qualification of their successors. The first members of the Commission
shall be appointed for the following terms:
2 members for the 1+ year term
2 members for the 2+ year term
3 members for the 3+ year term
In addition, the Mayor may annually appoint two alternate members
without necessary reference to the Council list to each serve a one
calendar year term without compensation. The Chairman of the Commission
shall designate the alternate members "Alternate No. 1" and "Alternate
No. 2" to serve in rotation during the absence or disqualification
of any regular member or members of the Commission.
The Mayor or the Borough Council may remove any member of the
Commission for cause, on written charges served upon the member and
after the hearing thereon at which the member shall be entitled to
be heard in person or by counsel. A vacancy on the Commission occurring
otherwise than expiration of a term shall be filled for the unexpired
term in the same manner as the original appointment.
[Ord. #13-2003, § 1]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Borough of Spring Lake Heights. The
Commission shall have the power to conduct research into the use and
possible use of open land areas of the municipality and may coordinate
the activities of unofficial bodies organized for similar purposes,
and may advertise, prepare, print, and distribute books, maps, charts,
plans, and pamphlets which in its judgment it deems necessary for
its purposes. It shall keep an index of all open areas, publicly and
privately owned, including open marshland, swamps and other wetlands,
in order to obtain information for the proper use of such areas and
may from time to time recommend to the Planning Board plans and programs
for the inclusion in the Master Plan and the development and use of
such areas.
[Ord. #13-2003, § 1]
The Environmental Commission may, subject to the approval of
the governing body, acquire property, both real and personal, in the
name of the municipality by gift, purchase, grant, bequest, devise
or lease for any of its purposes and shall administer the same for
the purposes subject to the terms of conveyance or gift. Such an acquisition
may be to acquire the fee or any lesser interest, development right,
easement (including conservation easement), covenant or other contractual
right (including a conveyance on conditions or with limitations or
reversions), as may be necessary to acquire, maintain, improve, protect,
limit the future use of, or otherwise conserve and properly utilize
open spaces and other land and water areas in the municipality.
[Ord. #13-2003, § 1]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the governing body.
[Ord. #13-2003, § 1]
The Commission may appoint such clerks and other employees and
incur such expenses as it may from time to time require, providing
the same shall be within the limits of funds appropriated to it by
the governing body or otherwise available to it.
[Ord. #13-2003, § 1]
The Environmental Commission shall have power to study and make
recommendations concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna.
[Ord. #04-2005, § 1]
There is hereby established a reserve in the General Capital
Fund which shall be noted and designated as the Open Space Trust Fund.
A separate bank account shall be established and maintained entitled
Borough of Spring Lake Heights Open Space Trust Account. As authorized
by ordinance, funds from the Open Space Trust Fund may be utilized
to acquire, develop and maintain all types of interests in real property,
including, but not by way of limitation, fee simple acquisitions,
easements, development rights, or any other lesser interest in real
estate which will further the goal of property acquisitions for passive
recreation, active recreation, conservation and historic preservation.
The Borough Council shall have the option of funding property acquisitions
with funds solely from the Open Space Trust Fund or by apportioning
the cost thereof by charging the Open Space Trust Fund for a portion
thereof. It is understood that acquisitions may occur via gift, purchase
or eminent domain. In addition, the Borough Council may authorize
the disbursement of monies from the Open Space Trust Fund to assist
the County of Monmouth or the State of New Jersey or any political
subdivision thereof in acquiring interests in real property located
within the Borough of Spring Lake Heights for the purposes stated
herein, provided that in the event such interests are sold, the net
proceeds of such disposition will be paid to the Borough's Open Space
Trust Fund in the same proportion that the Borough's contribution
bore to the original acquisition price.
[Ord. #04-2005, § 2]
Beginning in 2005, a special tax rate shall be added to the
total Borough tax rate in the amount of $0.01 per $100 of the annual
assessment valuations and tax rate, the revenue from which shall be
deposited into the Open Space Trust Fund. The Borough Council may,
in its discretion, deposit additional municipal monies into the Open
Space Trust Fund, which deposits shall then be subject to all of the
provisions governing the Open Space Trust Fund. The Open Space Trust
Fund shall also be authorized to accept donations and testamentary
bequests.
[Ord. #04-2005, § 3]
The funds accumulated within the Open Space Trust Fund shall be utilized for the acquisition of real estate and interests in real estate as more fully delineated in subsection 2-26.1 hereinabove. In connection with such acquisitions, the funds may be utilized for appraisals, title fees, professional fees and other items of expense permitted by law in connection with the acquisition of real estate. Additionally, funds accumulated within the Open Space Trust Fund may be used as a down payment for the issuance of bonds or for debt service for the same purpose at the discretion of the Borough Council. Any and all interest or gain accruing shall remain in the Open Space Trust Fund and may be utilized for the above described purposes.
[Ord. #04-2005, § 4]
The land acquired under the Open Space Trust Fund shall be utilized
for all categories of open space including parks, recreation areas,
natural areas and such other uses consistent with the concept of open
space.
[Ord. #04-2005, § 5]
No real property or interest therein, acquired with funds from
the Open Space Trust Fund, shall be sold, conveyed, leased or otherwise
alienated unless it is needed for another public use or otherwise
furthers the purposes of the Trust.
[Ord. #09-2008, § 1]
The Borough Code of the Borough of Spring Lake Heights is hereby
supplemented to provide for a new section entitled Establishment of
a Joint Municipal Water Authority.
[Ord. #09-2008, § 2]
The municipalities of the Boroughs of Brielle, Spring Lake,
Sea Girt, Spring Lake Heights and the Township of Wall (collectively
the "Treated Water Purchasers") are currently parties to individual
treated water purchase contracts dated, September 1, 1987, between
the respective municipalities and the Monmouth County Improvement
Authority ("Treated Water Purchase Contract"). The current relationship
amongst the Treated Water Purchasers is in the nature of an interlocal
services arrangement intended to collectively benefit all Treated
Water Purchasers. Section 17 of the Treated Water Purchase Contract
grants an option to the Treated Water Purchasers to purchase the water
treatment and transmission facilities from the Monmouth County Improvement
Authority.
The Governing Body of the Borough of Spring Lake Heights and
the governing bodies of the other Treated Water Purchasers have determined
that their respective financial interests and thereby the interests
of their residents would be better served and furthered by establishing
a joint entity comprised of representatives of the Treated Water Purchasers
for the purpose of purchasing the water treatment and transmission
facilities from the Monmouth County Improvement Authority. The intent
and purpose of this enactment is to establish the joint authority.
[Ord. #09-2008, § 3]
Pursuant to N.J.S.A. 40:14B-5 there is hereby established a
joint municipal water authority to be known as the Southeast Monmouth
Utility Authority ("Authority") consisting of one member from the
Borough of Spring Lake Heights; one member from the Borough of Brielle;
one member from the Borough of Spring Lake; one member from the Township
of Wall and one member from the Borough of Sea Girt.
[Ord. #09-2008, § 4]
The Authority shall possess such powers as authorized by law
and approved by the Local Finance Board.
[Ord. #09-2008, § 5]
Upon creation of the Authority in accordance with applicable
law, the governing body shall appoint by resolution one individual
to serve as a member of the Authority.
[Ord. #09-2008, § 6]
The Authority shall be governed by the bylaws established by
the Authority.
[Ord. #09-2008, § 7]
The governing body considered alternate means of undertaking
and financing the proposed project and have determined that the creation
of an Authority is the most efficient and feasible means of providing
and financing the project.
[Ord. No. 07-2009]
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program to provide retirement benefits to various county
and municipal officials. N.J.S.A. 43:15C-2 requires the governing
body of each county, municipality, and other local entity to adopt,
as appropriate, either a resolution or ordinance to determine the
positions that are substantially similar in nature to the advice and
consent of the Senate for appointments by the Governor of the State,
pursuant to guidelines or policy that shall be established by the
Local Finance Board in the Department of Community Affairs, and for
which officials appointed to such positions shall be eligible for
and shall participate in the Defined Contribution Retirement Program,
subject to the provisions of law. The Borough of Spring Lake Heights
has considered the guidelines issued by the Local Finance Board.
[Ord. No. 07-2009]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
[Ord. No. 07-2009]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
[Ord. No. 07-2009]
If an individual is appointed to one of the positions listed in Section 1 and the individual is not serving in a position as described in subsection 2-28.3 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual; (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-28.3 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 07-2009]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. No. 19-2010; Ord. No. 2013-09]
This Section is intended to protect residential and commercial
real property owners in the Borough of Spring Lake Heights.
Private property ownership is a hallmark of our country's form
of government and the purchase of a home or business is the most significant
financial acquisition in many people's lives. Property and home ownership
contributes substantially to the successful creation of investment,
credit, educational, professional, and other opportunities, municipal
public policies should be adopted to enhance, expand and protect property
and home ownership rights and opportunities among all residents of
Spring Lake Heights. The Supreme Court of New Jersey, in Gallenthin
Realty Development Inc. v. Borough of Paulsboro, 191 N.J. 334, 924
A2d 442 (2007), substantially narrowed the Local Redevelopment and
Housing Law, N.J.S.A. 40A:12A-5(e), as it applies to blighted conditions
when the basis for redevelopment is that the property is underutilized
or may not be fully productive.
[Ord. No. 19-2010; Ord. No. 2013-09]
The Borough of Spring Lake Heights is prohibited from exercising
the power of eminent domain to acquire property from a private landowner
without acquiring the private land owner's written consent when the
purpose or result of such acquisition is to sell, transfer, lease,
or in any way convey such property in whole or in part, to any private
entity or party.
All municipal redevelopment projects in the Borough of Spring
Lake Heights, which involve the potential or actual involuntary condemnation
of privately owned residential or commercial real property, are consistent
with state law.
[Ord. No. 19-2010; Ord. No. 2013-09]
a.
Notwithstanding any other provision of law, neither the Borough of
Spring Lake Heights nor any of its subdivisions shall assert eminent
domain authority under the State Constitution or the Local Redevelopment
and Housing Law to take private residential or commercial property
for economic development without the written consent of the owner.
b.
Economic Development as used in this section means any activity to
increase tax revenue, the tax base, tax ratables, employment, housing
or general economic health of the municipality, a community, neighborhood,
or district or collection of adjacent properties, when that activity
does not result in the transfer of land to (1) public ownership for
a traditional public use, including but not limited to use for a road,
hospital, library or school; (2) a private entity that is a common
carrier, such as a railroad or public utility when acquisition of
such property is a compelling public need; (3) a private entity when
eminent domain will remove an inherently dangerous use of the land
including but not limited to the removal of structures that are beyond
repair or that are unfit for human habitation or use as certified
by an independent expert; or (4) the acquisition of abandoned property
where the owner has disappeared or cannot otherwise reasonably be
located.
[Ord. No. 17-2010 § 1]
a.
To the extent that it is not inconsistent with State or Federal law,
the Borough of Spring Lake Heights and any of its purchasing agents
or departments or instrumentalities of the municipality thereof, as
the case may be, shall not enter into any agreement or otherwise contract
to procure services from any professional business entity, including
those awarded pursuant to any process including a fair and open process,
if such professional business entity has solicited or made any contribution
of money, or pledge of a contribution, including in-kind contributions,
to (1) a campaign committee of any Municipal candidate or holder of
public office having ultimate responsibility for the award of a contract,
or (2) to any Borough of Spring Lake Heights or Monmouth County Party
Committee, or (3) to any political action committee (PAC) that regularly
engages in the support of municipal or county elections and/or municipal
or county parties, in excess of the thresholds specified in paragraph
d below within one calendar year immediately preceding the date of
the contract or agreement.
b.
No professional business entity or vendor who submits a proposal
for, enters into negotiations for, or agrees to any professional service
contract or contract or agreement in excess of $17,500 (including
non-emergency contracts awarded by 40A:11 et seq. or the "Fair and
Open" Process pursuant to 19:44A-20 et seq.) with the municipality
or any departments thereof, for the rendition of professional services,
or goods and services, as the case may be, shall knowingly solicit
or make any contribution of money, pledge of contribution, including
in-kind contributions, to: (1) any Municipality candidate or holder
of public office having ultimate responsibility for the award of a
contract, or (2) to any Borough of Spring Lake Heights or Monmouth
County party committee, or (3) to any PAC that regularly engages in
the support of municipal or county elections and/or municipal or county
parties, between the time of first communication between that professional
business entity or vendor and the municipality regarding a specific
professional services agreement or goods and services agreement, as
the case may be, and the later of the termination of negotiations
or rejection of any proposal, or the completion of the contract or
agreement.
c.
For purposes of this section, a "professional business entity" and
a "vendor" seeking a public contract mean an individual including
the individual's spouse, if any, and any child living at home; person;
firm; corporation; professional corporation; partnership; organization;
or association. The definition of a business entity and vendor includes
all principals who own 10% or more of the equity in the corporation
or business trust, partners, and officers (in the aggregate) employed
by the entity or vendor, as well as any subsidiaries directly controlled
by the business entity or vendor.
d.
Any individual meeting the definition of "professional business entity"
or "vendor" under this section may annually contribute a maximum of
$300 each for any purpose to any candidate, for mayor or governing
body, or $300 to the Spring Lake Heights party or $500 to the Monmouth
County party committee or to a PAC referenced in this section, without
violating paragraph a above. However, any group of individuals meeting
the definition of "professional business entity" or "vendor" under
this section, including such principals, partners, and officers of
the entity or vendor in the aggregate, may not annually contribute
for any purpose in excess of $2,500 to all Borough of Spring Lake
Heights candidates and officeholders with ultimate responsibility
for the award of the contract, and all Borough of Spring Lake Heights
or Monmouth County political parties and PACs referenced in this ordinance
combined, without violating paragraph a above.
e.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
1.
The Borough of Spring Lake Heights Mayor or Governing Body, if the
contract requires approval or appropriation from the Mayor or Governing
Body.
2.
The Mayor of the Borough of Spring Lake Heights, if the contract
requires approval of the Mayor, or if a public officer who is responsible
for the award of a contract is appointed by the Mayor.
[Ord. No. 17-2010 § 2]
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity or vendor
to any Borough of Spring Lake Heights candidate for Mayor or Governing
Body, or Borough of Spring Lake Heights or Monmouth County party committee
or PAC referenced in this section shall be deemed a violation of this
section, nor shall an agreement for property, goods, or services,
of any kind whatsoever, be disqualified thereby, if that contribution
was made by the professional business entity or vendor prior to the
effective date of this section.[1]
[1]
Editor's Note: Ord. No. 17-2010 was adopted October 25, 2010.
[Ord. No. 17-2010 § 3]
a.
Prior to awarding any contract or agreement to procure services with any professional business entity and any contract or agreement to procure goods and services from a vendor, the Borough of Spring Lake Heights or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of subsection 2-30.1.
b.
The professional business entity and vendor shall have a continuing
duty to report any violations of this section that may occur during
the negotiation, proposal process or duration of a contract. The certification
required under this subsection shall be made prior to entry into the
contract or agreement with the Borough of Spring Lake Heights, or
prior to the provision of services or goods, as the case may be, and
shall be in addition to any other certifications that may be required
by any other provision of law.
[Ord. No. 17-2010 § 4]
A professional business entity, vendor, or municipal candidate or officeholder, or Borough of Spring Lake Heights or Monmouth County party committee or PAC referenced in this section, may cure a violation of subsection 2-30.1, if, within 30 days after the date on which the applicable ELEC Report is published, the professional business entity or vendor notifies the municipality in writing and seeks and receives reimbursement of the contribution from the relevant municipal candidate or officeholder, Borough of Spring Lake Heights or Monmouth County political party or PAC referenced in this section.
[Ord. No. 17-2010 § 5]
The contribution limitations prior to entering into a contract
in subsection 2-30.la do not apply to contracts which are required
by law to be awarded to the lowest bidder.
[Ord. No. 17-2010 § 6]
a.
It shall be a breach of the terms of the Borough of Spring Lake Heights
professional service agreement or agreement for goods or services
for a business entity to: (1) make or solicit a contribution in violation
of this section; (2) knowingly conceal or misrepresent a contribution
given or received; (3) make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution; (4) make or solicit any contribution on the condition
or with the agreement that it will be contributed to a campaign committee
of any candidate or holder of the public office of Borough of Spring
Lake Heights; (5) engage or employ a lobbyist or consultant with the
intent or understanding that such lobbyist or consultant would make
or solicit any contribution, which if made or solicited by the business
entity itself, would subject that entity to the restrictions of this
section; (6) fund contributions made by third parties, including consultants,
attorneys, family members, and employees; (7) engage in any exchange
of contributions to circumvent the intent of this section; or (8)
directly or indirectly, through or by any other person or means, do
any act which would subject that entity to the restrictions of this
section.
b.
Furthermore, any professional business entity who violates paragraph
a(2) through a(8) above shall be disqualified from eligibility for
future Borough of Spring Lake Heights contracts for a period of four
calendar years from the date of the violation.
[Ord. No. 18-2010]
The policy of the Borough of Spring Lake Heights will be to
create such a regulation which states that any private party or redeveloper
who makes political contributions to elected officials who are responsible
for the awarding of any contracts in conjunction with any redevelopment
project permitted by the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq., will be ineligible to receive such contracts from
the Borough of Spring Lake Heights.
[Ord. No. 18-2010]
a.
Any other provision of law to the contrary notwithstanding, the Borough
or any of its purchasing agents or agencies or those of its independent
authorities, as the case may be, shall not enter into an agreement
or otherwise contract with any private party for the planning, re-planning,
construction or undertaking of any project or redevelopment work,
including the acquisition or leasing of any public property in conjunction
with the redevelopment of any area within the Borough of Spring Lake
Heights pursuant to N.J.S.A. 40A:12A-1 et seq. (hereinafter "redevelopment
work"), if that redeveloper has solicited or made any contribution
of money or pledge of a contribution, including in-kind contributions,
during the applicable time period as specified below, to a campaign
committee of any Spring Lake Heights Borough candidate or holder of
public office within the Borough of Spring Lake Heights having responsibility
for the awarding of such contracts or to any Spring Lake Heights Borough
political campaign committee, or to any Borough of Spring Lake Heights
or Monmouth County Party Committee, or to any political action committee
(PAC) that is organized for the primary purpose of promoting or supporting
Borough of Spring Lake Heights municipal candidates or municipal officeholders.
For purposes of this section, the "applicable time period" shall be
defined as the time period between the date that the property which
is the subject of the redevelopment project has been declared by the
Governing Body to be an area in need of redevelopment pursuant to
and in accordance with the New Jersey Local Redevelopment and Housing
Law, N.J.S.A. 40A:12A-1 et seq., and the date of awarding the contract,
or the 12 months prior to awarding the contract, whichever is shorter.
b.
No redeveloper who enters into negotiations for or agrees to any
contract or agreement with the Borough or any department or agency
thereof or of its independent authorities for the rendition of redevelopment
work shall knowingly solicit or make any contribution of money or
pledge of a contribution including in-kind contributions, to any Spring
Lake Heights Borough candidate or holder of public office within the
Borough having responsibility for the award of the contract or to
any Spring Lake Heights Borough political campaign committee, or to
any Borough of Spring Lake Heights or Monmouth County Party Committee,
or to any political action committee (PAC) that is organized for the
primary purpose of promoting or supporting Borough of Spring Lake
Heights municipal candidates or municipal officeholders, between the
time of first communication between that redeveloper and the Borough
regarding a specific agreement for redevelopment work and the later
of the termination of negotiations or the completion of all matters
specified in the contract or agreement.
c.
For purposes of this section, a "redeveloper" means an individual,
including the individual's spouse, if any, and any child living at
home, a person, firm, corporation, professional corporation, partnership,
organization, or association seeking or obtaining redevelopment work
as defined above. The definition of a redeveloper includes all principals
who own 1% or more of the equity in the corporation or business trust,
partners, and officers in the aggregate employed by the provider as
well as any subsidiaries directly controlled by the redeveloper.
d.
For the purposes of this section, the office that is considered to
have responsibility for the award of the contract under N.J.S.A. 40A:12A-1
et seq. shall be:
1.
The Spring Lake Heights Borough Council if the contract requires
approval or appropriation from the Council or a public officer who
is responsible for the award of a contract if that public officer
is appointed by Council; or
2.
The Mayor of Spring Lake Heights Borough if the contract requires
the approval of the Mayor or a public officer who is responsible for
the award of contract if that public officer is appointed by the Mayor;
or
3.
Both of the above.
[Ord. No. 18-2010]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any Spring Lake Heights
Borough candidate for Mayor or Borough Council or Spring Lake Heights
Borough political campaign committee shall be deemed a violation of
this section nor shall an agreement for property, goods or services
of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date
of this section.[1]
[1]
Editor's Note: Ord. No. 18-2010 was adopted October 25, 2010.
[Ord. No. 18-2010]
a.
Prior to awarding any contract or agreement with any redeveloper,
the Borough or any of its purchasing agents or agencies or independent
authorities, as the case may be, shall receive a sworn statement from
the redeveloper that the redeveloper has not made any contribution
in violation of this section.
b.
The redeveloper shall have a continuing duty to report any violations
of this section that may occur during the negotiation or duration
of a contract. The certification required under this subsection shall
be made prior to entry into the contract or agreement with the Borough
and shall be in addition to any other certifications that may be required
by any other provision of law.
[Ord. No. 18-2010]
a.
All redevelopment contracts, leases or other undertaking(s) shall
provide that it shall be a breach of the terms of such agreements
to violate this section or to knowingly conceal or misrepresent contributions
given or received or to make or solicit contributions through any
intermediaries for the purpose of concealing or misrepresenting the
source of the contribution.
b.
Any redeveloper, as defined in this section who knowingly fails to
reveal a contribution made in violation of this section or who knowingly
makes or solicits contributions through any intermediaries for the
purpose of concealing or misrepresenting the source of the contribution
shall be disqualified from eligibility for future redevelopment contracts
for a period of four calendar years from the date of the violation.
[Ord. No. 2016-09]
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.
APPROVAL OFFICER
BOROUGH
PAYROLL SERVICE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean person(s) responsible for authorizing and supervising
the activities of the payroll service.
Shall mean Borough of Spring Lake Heights.
Shall mean third-party payroll service organization.
[Ord. No. 2016-09]
[Ord. No. 2016-09]
a.
The selection of a payroll service shall be pursuant to N.J.S.A.
40A:11-1 et seq., the Local Public Contracts Law, and shall require
the contractor to do the following, not by way of limitation: data
collection, agency report preparation, calculation of withholding,
direct deposit of payroll disbursements, and/or transfer of Borough
funds to contractor's account for subsequent disbursement of payment.
b.
Any renewal or extension of a contract under these regulations shall
be by resolution of the Borough Council.
c.
The Chief Financial Officer is hereby designated 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 Borough and the payroll service,
the payroll service is permitted to hold Borough funds pending transmittal
to a payee.
[Ord. No. 2016-09]
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
operations or otherwise interrupt the services provided to the Borough.
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 servicer has
its own internal controls and 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.
[Ord. No. 2016-09]
Upon the adoption of these regulations, the Chief Financial
Officer, with the assistance of the Borough Attorney, as necessary,
is hereby authorized and directed to enter into a contract for payroll
service in accordance with all local public contracting laws and N.J.A.C.
5:30-17. Selection of the payroll service shall be by resolution of
the Borough Council.
[Ord. No. 2017-08]
There is hereby established the position of Assistant Borough
Administrator.
[Ord. No. 2017-08]
The Assistant Borough Administrator shall be appointed by resolution
of the Mayor and Council and shall serve for a term of one year.
[Ord. No. 2017-08]
The Assistant Borough Administrator shall be responsible for
assisting the Borough Administrator in the performance of his or her
duties, including reviewing payroll and accumulated leave of all employees,
maintaining personnel files, ensuring compliance with policies, procedures
and agreements, and assisting in negotiating and preparing contracts.
Duties shall also include development of a proposed budget and reviewing
and processing purchase requisitions. The Assistant Borough Administrator
shall render assistance and service to the Borough Administrator,
Mayor and Council, Boards and all departments as may be required.
[Ord. No. 2017-08]
The salary of the Assistant Borough Administrator shall be in
accord with the Salary Ordinance of the Borough of Spring Lake Heights.
[Added 3-4-2019 by Ord. No. 2019-03]
There is hereby established a Public Works Department which
has the responsibility for the care and maintenance of streets, roads,
avenues, public buildings and places, water and wastewater, motor
vehicles and all other similar items related to the physical plant
and infrastructure under the jurisdiction of the Borough of Spring
Lake Heights.
The head of the Public Works Department shall be the Superintendent.
The person so appointed Superintendent of Public Works shall be certified
by the State of New Jersey as a certified public works manager and
have such other certificates, licenses and permits required by state
law and regulations and municipal ordinances.
The Public Works Department shall:
a.
Maintain
and repair all Borough streets, bridges, culverts and drains.
b.
Treat
road surfaces and resurface streets and roads according to such standards
and schedules as directed by the appropriate authority.
c.
Maintain
all Borough streets in a clean and safe condition, free of obstructions
or hazards, and remove snow and ice therefrom as required.
d.
Install,
repair and maintain street traffic signs, lines and markers and check
for streetlight outage.
e.
Operate,
maintain and repair Borough-owned buildings and properties and provide
custodial and janitorial services as required.
f.
Trim,
plant, care for and preserve public parks and trees in the public
right-of-way.
g.
Maintain
and repair playing fields in the public parks of the Borough.
h.
Maintain
and repair the Borough-owned fleet of vehicles for the various municipal
departments of the Borough.
i.
Perform
other duties of miscellaneous public works nature as may be assigned
by the Mayor and Council from time to time.
j.
Manage
and operate the water and sewer systems of the Borough, including
responsibility for the quality and performance of all required laboratory
procedures.
k.
Maintain,
repair and operate all buildings, pump houses, sewer piping, water
mains, water tanks, booster pump stations, standpipes, filtration
facilities, lift stations and related appurtenances and equipment
necessary to the proper management and operation of the water and
sewer systems of the Borough.
