[The form of government under which the borough
operates is the Commission Form of Government Law, comprising Chapters
70 to 76 of Title 40 of the Revised Statutes of New Jersey. The administrative
code has been drafted in conformity with this law and many of its
provisions are based on clauses found in Chapters 72 and 73 of Title
40. Other enabling laws pertaining to the Administrative Chapter are
R.S. 40:11-1 et seq., Officer and Employees; R.S. 40:47-1 et seq.,
Police and Fire Departments; R.S. 2A:8-1, et seq., Municipal Court;
R.S. 40:55-36, Zoning Board of Adjustment; R.S. 40:55-1.4, Planning
Board.]
This chapter shall be known and may be cited as the “Administrative
Code of the Borough of Harvey Cedars” and is herein referred
to as the “code”.
The board of commissioners of the Borough of Harvey Cedars shall
consist of three commissioners who shall be elected at large by the
voters of the borough at a regular municipal election and who shall
serve for a term of four years beginning on the first Tuesday following
their election.
All of the executive, administrative, judicial and legislative
powers of the Borough of Harvey Cedars shall be vested in the board
of commissioners, and they shall have complete control over the affairs
of the borough.
a.
Regular
Meetings. The board of commissioners shall organize on the first Tuesday
following the regular quadrennial municipal election. At that meeting,
or as soon thereafter as practical, the board of commissioners shall
create all subordinate boards and appoint any officers that it deems
necessary for the proper and official conduct of the affairs of the
Borough of Harvey Cedars. After the organization meeting the board
of commissioners shall meet regularly at least twice a month on dates
to be determined by resolution of the board.
b.
Special Meetings. Special meetings of the board of commissioners
may be held on call of the mayor or any two commissioners in accordance
with the provisions of R.S. 40:72-13.
The administrative functions, powers and duties of the board
of commissioners shall be allocated among the following departments:
At the first regular meeting after the election of its members,
the board of commissioners shall designate by majority vote one commissioner
to be director of each department. At such meeting, the board of commissioners
shall examine the various departments and divisions within departments
and shall by resolution make such reallocation of divisions within
departments as they deem desirable. When such reallocation has been
duly made by resolution, the divisions so allocated shall be deemed
to fall within the departments to which they have been so allocated,
notwithstanding any other provision of this code.
At the first meeting after their election, the commissioners
shall choose one of their number to preside at all meetings of the
board, and he shall be designated mayor.
The mayor shall be president of the board of commissioners and
shall preside at all meetings. He shall supervise all departments
and report to the board, for its action, all matters requiring the
attention of the board or of any department.
Pursuant to NJSA 40A:9-136, there is hereby created the position
of Municipal Administrator. The term of office of the Municipal Administrator
shall be at the pleasure of the governing body and in accordance with
NJSA 40A:9-137.
The Administrator shall, under direction of the Board of Commissioners,
act as administrative officer of the municipality and perform other
related duties as fully described in the Personnel Policy Manual.
Nothing in this article shall derogate from or authorize the Borough
Administrator to exercise the powers and duties of the elected and
appointed officials of the borough.
Pursuant to NJSA 40A:9-133, there is hereby created the position
of Municipal Clerk for the Borough of Harvey Cedars. The Municipal
Clerk shall be appointed by the Board of Commissioners and shall serve
terms as provided by NJSA 40A:9-133.
The Municipal Clerk shall serve as the Clerk of the Board and
perform such functions as required by law and other related duties
as fully described in the Personnel Policy Manual.
Pursuant to NJSA 40A:9-135, there is hereby created the position
of Deputy Municipal Clerk for the Borough of Harvey Cedars. The Deputy
Municipal Clerk shall be appointed by the Board of Commissioners and
shall serve at the pleasure of the Board. The Deputy Municipal Clerk
shall have all the powers and perform all the duties of the Municipal
Clerk during such times and for such specific periods as the Municipal
Clerk is absent, disabled or otherwise unable to perform her duties.
The Deputy Municipal Clerk shall assist the Municipal Clerk in the
performance of the duties of the Municipal Clerk’s office.
[Ord. No. 2008-09]
b.
Individuals
serving in the following positions are exempt from Defined Contribution
Retirement Program membership, pursuant to N.J.S. 43:15C-2:
c.
If an individual is appointed to one of the positions listed in Subsection a and the individual is not serving in a position as described in Subsection b 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 b 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.
The director of the department of revenue and finance shall
supervise the work of the department and its divisions.
Pursuant NJSA 40A:9-140.10, there is hereby created the office
of Chief Financial Officer for the Borough of Harvey Cedars. The Chief
Financial Officer shall perform such functions as required by law
and other related duties as fully described in the Personnel Policy
Manual.
Pursuant NJSA 40A:9-141, there is hereby created the office
of Tax Collector for the Borough of Harvey Cedars. The Tax Collector
shall be appointed by the Board of Commissioners and shall serve terms
as provided by NJSA 40A:9-142. The Tax Collector shall perform such
functions as required by law and other related duties as fully described
in the Personnel Policy Manual.
There is hereby created the position of Deputy Chief Financial
Officer and Deputy Tax Collector for the Borough of Harvey Cedars.
The Deputy Chief Financial Officer and Deputy Tax Collector shall
be appointed by the Board of Commissioners and shall serve at the
pleasure of the Board and shall have all the powers and perform all
the duties of the Chief Financial Officer and/or Tax Collector during
such times and for such specific periods as the Chief Financial Officer
and/or Tax Collector is absent, disabled or otherwise unable to perform
the duties of their office.
Pursuant to NJSA 40A:9-146, there is hereby created the position
of Tax Assessor for the Borough of Harvey Cedars. The Tax Assessor
shall be appointed by the Board of Commissioners for terms provided
by NJSA 40A:9-148 and NJSA 54:1-35.32 and shall perform such functions
as required by law and other related duties as fully described in
the Personnel Policy Manual.
The Municipal Clerk shall be the Utility Collector for the Borough
of Harvey Cedars and shall perform such functions as required by law
and other related duties as fully described in the Personnel Policy
Manual.
[Ord. No. 2010-04]
In accordance with NJSA 40:72-6 and with Subsection 2-3.2 of the Revised General Ordinances of the Borough of Harvey Cedars, the director shall supervise the work of the department and its divisions and shall, subject to the approval of the board of commissioners, make rules and regulations for the various divisions assigned to the department.
[Ord. No. 2002-02; Ord. No. 2002-19; Ord.
No. 2010-04; Ord. No. 2019-08; Ord. No. 2019-08; Ord. No. 2022-17]
There is hereby created in and for the Borough of Harvey Cedars
a Police Department which shall consist of a Public Safety Administrator,
Chief of Police, Lieutenants, Sergeants, and patrol officers, to be
appointed to these positions by the governing body of the Borough
of Harvey Cedars. The decision whether or not to fill the mentioned
positions is within the complete and unfettered discretion of Director
of Public Affairs and Public Safety.
a.
Purpose
of the Police Department. The Police Department shall preserve the
public peace; protect life and property; detect, arrest and prosecute
offenders of the laws of New Jersey and the ordinances of the Borough
of Harvey Cedars; direct and control traffic; provide attendance and
protection during emergencies; make appearances in court; cooperate
with all other law enforcement agencies; and provide training for
the efficiency of its members and officers.
b.
Designation
of Appropriate Authority. In accordance with N.J.S.A. 40A:14-118,
the Director of Public Affairs and Safety is hereby designated as
the appropriate authority and is hereby vested with the powers and
duties of an appropriate authority as delegated by law.
c.
Chief of
Police; powers and duties. The appropriate authority shall appoint
a Chief of Police with the consent and approval of the governing body.
The Chief shall be directly responsible to the appropriate authority
for the efficiency and routine day-to-day operations of the Police
Department. The Chief of Police shall pursuant to policies established
by the governing body and consistent with Borough ordinances:
1.
Administer
and enforce the rules and regulations of the Police Department and
any special emergency directives for the disposition and discipline
of the Department and its officers and personnel.
2.
Have,
exercise and discharge the functions, powers and duties of the Police
Department and the Lifeguard Department.
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 Police Department 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 governing body on the operation of the force
during the preceding month, and make such other reports as may be
requested by the governing body.
d.
Appointment
to Police Department – Officers and Personnel. No person shall
be appointed to the Police Department who is not qualified as provided
in the New Jersey Statutes. The selection criteria for a police officer
shall be established in department policy consistent with New Jersey
Statutes.
e.
Promotions
of Police Officers. Promotion of any police officer from within the
department to a superior position shall be established in department
policy consistent with New Jersey Statutes.
f.
Disciplinary
Actions. Discipline of police officers will be imposed consistent
with N.J.S.A. 40A:14-147. The written charges will be signed by the
Chief of Police or designee as provided in the New Jersey Statutes
and the Police Department's Rules and Regulations.
g.
Rules and
Regulations. The appropriate authority shall by resolution of the
governing body, from time to time as may be necessary, adopt and amend
the rules and regulations for the government and discipline of the
Police Department and employees thereof. Said rules and regulations
may fix and provide for the enforcement of such rules and regulations
and the enforcement of penalties for the violation of such rules and
regulations, and all employees of the Police Department shall be subject
to such rules and regulations and penalties.
h.
Department
Policies. The appropriate authority shall by resolution of the governing
body, from time to time as may be necessary, adopt and amend police
department policies to establish guidelines and procedures for the
department and all its employees.
i.
Special
Law Enforcement Officers. Authority and Purpose. The Borough of Harvey
Cedars hereby establishes Special Police Officers pursuant to and
in compliance with the Special Law Enforcement Officers Act (N.J.S.A.
40A:14-146.8 et seq.).
1.
Classification.
Persons appointed as Special Law Enforcement Officers shall upon appointment
be designated as either a Class One or Class Two Special Law Enforcement
Officer. The classifications shall be based upon the following standards:
(a)
Class
One. Officers of this class shall be authorized to perform routine
traffic detail, spectator control, and similar duties and shall have
the power to issue summonses for disorderly persons or petty disorderly
persons offenses, violations of municipal ordinances and violations
of Title 39 of the Revised Statutes. The use of a firearm by an officer
of this class shall be strictly prohibited, and no Class One officer
shall be assigned any duties which may require the carrying or use
of a firearm. Class One officers may be authorized to carry and use
less lethal weapons subject to department directives.
(b)
Class
Two. Officers of this class shall be authorized to exercise full powers
and duties similar to those of a permanent regularly appointed full-time
police officer. The use of a firearm by an officer of this class may
be authorized only after the officer has been fully certified as successfully
completing training as prescribed by the Police Training Commission
and maintains proficiency in accordance with department directives
and guidelines established by the New Jersey Attorney General.
2.
Duty Hours.
(a)
Special
Law Enforcement Officers shall ordinarily not work in excess of 20
hours per week with the following exceptions:
(1)
There is no such limitation during periods of emergency. (Emergency
is defined in N.J.S.A. 40A:14-146.9b.).
(2)
The appointing authority may designate one Special Police Officer
that is exempt from the 20 hour limitation.
(3)
Duty hours shall not exceed 48 hours per week during any seasonal
period as defined in N.J.S.A. 40A:14-146.9g.
(b)
Special
Law Enforcement Officers shall not be utilized to supplant regular
Police Officers on Borough assigned extra-duty assignments.
j.
Employment
of Off-Duty Police Officers.
1.
Any person
or entity desiring to retain the services of police officers of the
Borough of Harvey Cedars for off-duty police related activities shall
be required to enter into a contract with the Borough of Harvey Cedars.
Said contract shall include, but not be limited to, the nature of
duties to be performed, the location of said duties, the date and
hours of service, the rate of payment for services of the officers,
administrative fees to the Borough of Harvey Cedars and fees for the
use of borough owned equipment. Except in the case of public or quasi-public
agencies, the payment of 100% of the estimated amount is due the borough
for the assignment of such off-duty officers from the person or entity
requesting such assignment in advance of providing such officer or
officers. The borough clerk is hereby empowered to execute a contract
for off-duty police related activities on behalf of the borough in
accordance with this subsection.
2.
The chief
of police or his designee shall be responsible for the assignment
of all off-duty police related activities.
3.
All persons
or entities shall pay to the chief financial officer of the Borough
of Harvey Cedars such hourly sum of $100 an hour for such service.
The borough shall remit to the member of the police department performing
such duties $80 an hour and the remaining $20 shall be retained by
the borough for administrative expenses and vehicle expenses.
4.
Any invoice
from the Borough of Harvey Cedars for any balance due, or a credit
for any refund, if any, shall be issued by the borough’s chief
financial officer. Payments due shall be made within 10 days of receipt
of the invoice from the borough.
5.
Each person
or entity who shall employ off-duty police officers pursuant to this
section shall be responsible for maintaining his/her or its own insurance
coverage. Said insurance coverage shall include but not be limited
to general liability and automobile liability and shall name the Borough
of Harvey Cedars as an additional insured. In addition, such policy
shall provide for a minimum coverage of $1,000,000 for any one claim
or $2,000,000 for any aggregate claims. Proof of said insurance coverage
shall be provided to the Borough of Harvey Cedars prior to the assignment
of any off-duty police officers to said person or entity. The person
or entity shall provide for the aforementioned for any and all officers,
vehicles and/or equipment that are utilized in the off-duty assignment.
6.
The chief
of police or his/her designee shall have the authority to order any
police officer engaged in off-duty assignments within the Borough
of Harvey Cedars to respond to an emergency situation within the Borough
of Harvey Cedars. The chief of police or his/her designee shall also
have the right to order any off-duty assignment to be terminated whenever
said assignment creates an unacceptable risk to the health, safety
and welfare of the off-duty officer and/or citizens of the Borough
of Harvey Cedars.
In the event that a police officer is assigned to an emergency
situation, the chief of police shall make note of said emergency situation,
as well as the time said officer was removed from said off-duty assignment.
In any situation, said person or entity shall not be responsible for
the payment of the officer’s hourly rate, administrative fee
or any other fees to the Borough of Harvey Cedars until such time
as said police officer and/or equipment returns to the assignment
with the off-duty employer.
7.
Any person
or entity requesting the services of off-duty police officers shall
agree to indemnify and hold harmless the Borough of Harvey Cedars
for any and all claims and damages which may arise from the off-duty
police officer’s employment by said person or entity.
8.
In order
to be eligible for off-duty employment, a police officer must be in
good standing with the department. Officers who are on medical or
other leave due to sickness, temporary disability or an on-duty injury
shall not be able to engage in off-duty employment.
9.
The chief
of police shall not assign any police officer off-duty assignments
where such off-duty assignments, in the aggregate, would exceed 20
hours in a given week. The chief of police shall consider other police
officer off-duty non-police work in assigning off-duty police related
assignments, to ensure officer safety and on-duty job performance.
10.
Off-duty
police related assignments are not permitted outside the Borough of
Harvey Cedars.
11.
Any
off-duty assignment under the terms of this ordinance shall be for
a minimum of four hours of pay at the rate set forth above.
k.
Mutual
Assistance of Police. The board of commissioners of the Borough of
Harvey Cedars does hereby authorize the execution of an Interlocal
Government Services Agreement with the Township of Lacey, Township
of Ocean, Township of Stafford, Borough of Tuckerton, Township of
Little Egg Harbor, Borough of Beach Haven, Township of Long Beach,
Borough of Ship Bottom, and the Borough of Surf City for mutual police
aid in the case of an emergency.
The board of commissioners of the Borough of Harvey Cedars is
hereby authorized to execute an agreement with the above municipalities.
Said agreement to be in accordance with the provisions of N.J.S.A.
40A:14-156.1, and said agreement to waive the payment of the statutory
fees set forth in N.J.S.A. 40A:14-156.
l.
Copies
of Accident Report. The chief of police of the borough is authorized,
upon request, to supply to any applicant a certified copy of any report,
or of any other related information of or pertaining to any automobile
accident or other casualty on file in the police department. The chief
of police, subject to the approval of the director of the department
of public affairs and safety, may prescribe rules and regulations
governing applications for any such certified copy when, in his judgment,
the interest of law enforcement and public safety so require.
m.
Public
Safety Administrator.
1.
Qualifications:
The Public Safety Administrator shall be qualified by training and
experience for the duties of the position and shall have a minimum
of 10 years of experience as a member of a police department or other
law enforcement or public safety agency, four years of which shall
have been in a supervisory and administrative capacity, and such other
qualifications or experience deemed necessary or appropriate by the
Director of Public Affairs and Public Safety.
2.
Terms
of Appointment: If filled, the Public Safety Administrator will serve
at the pleasure of the Director of Public Affairs and Public Safety
pursuant to such terms and conditions as established by that Director
or the Borough, as required by law.
3.
Appointment:
The Director of Public Affairs and Public Safety may appoint a Public
Safety Administrator under the following circumstances:
(a)
Incapacity,
inability or unavailability of any nature whatsoever of the Chief
of Police to perform any or all functions of that position, if that
position is filled;
(b)
Actual
vacancy in the position of Chief of Police;
(c)
Vacancy
created by operation of law or legal authority in connection with
the position of Chief of Police. Where the vacancy is caused by suspension,
administrative leave or other limitation of duties imposed by operation
of law or exercise of legal authority, the initial appointment of
a Public Safety Administrator shall be for no longer than the term
of such vacancy unless it results in a permanent vacancy in which
case, the Public Safety Administrator shall continue to serve at the
pleasure of the Director of Public Affairs and Public Safety;
(d)
Determination
based upon the needs of the Borough and the Police Department provided
that the duties of Public Safety Administrator do not divest the Chief
of Police of authority vested in that position by virtue of N.J.S.A.
40A:14-118.
4.
Powers
and Duties: The Public Safety Administrator shall have control over
the Police Department in such manner as consistent with all applicable
statutes, ordinances and regulations. S/he shall be responsible for
the administration and regulation of the Police Department and shall:
(a)
Supervise
the Police Chief or Officer in Charge, who shall be directly responsible
to the Public Safety Administrator for the efficiency and routine
day-to-day operations of the police rank-and-file.
(b)
Keep
abreast of the public safety requirements of the Borough and formulate
policies, plans and procedures to determine needs for approval by
the Director of Public Affairs and Public Safety.
(c)
Develop
organization, manpower and resource recommendations and, upon approval
of same, effect their implementation.
(d)
Establish
performance criteria for the Department as a whole as well as its
individual members and conduct periodic evaluations to assure compliance
with those criteria.
(e)
Provide
such assistance as may be necessary to any other department for its
proper functioning.
(f)
Reviews
and assists with budget preparation and submission of expenditures
as it relates to the Police Department.
(g)
Delegate
such of his authority, as s/he may deem necessary, for efficient operation
of the Police Department to be exercised under his direction and supervision.
(h)
Performs
or directs performance of all administrative duties of the Police
Department.
(i)
Completion
and filing of reports related to the Police Department.
(j)
Make
application for applicable federal or state grants subject to approval
of the Director of Public Affairs and Public Safety.
(k)
Act
as the direct line of authority between the Police Department and
the Director of Public Affairs and Public Safety.
(m)
In
the absence of a Chief of Police, discipline police officers consistent
with Department Rules and Regulations, and N.J.S.A. 40A:14-147 and
sign the written charges as provided by law and Department Rules and
Regulations.
(n)
In
the absence of a Chief of Police, oversight and control of the Lifeguard
Department subject to the final authority of the Director of Public
Affairs and Public Safety
(o)
The
Public Safety Administrator shall not exercise the following powers:
issuing firearms permits (N.J.S.A. 2C:58-3); qualifying and supervising
special police (N.J.S.A. 40:14-146); carry weapons (N.J.S.A. 2C:39-6);
exercising of police powers, e.g. make arrests (N.J.S.A. 40A:14-152);
issuing temporary handicap parking permits (N.J.S.A. 39:4-206); or
any other power or duty restricted to a member of law enforcement.
Such duties shall remain the function of the Chief of Police. In the
absence of a Chief of Police, such duties shall be performed by the
highest-ranking law enforcement officer in good standing within the
Police Department. As provided by law, the duties of Public Safety
Director shall not infringe upon the duties of Chief of Police save
instances of incapacity, inability, unavailability or vacancy.
[Ord. No. 2002-16]
a.
Employment
of Off Duty Lifeguards.
1.
Any person
or entity desiring to retain the services of lifeguards of the Borough
of Harvey Cedars for off-duty lifeguard related activities shall be
required to enter into a contract with the Borough of Harvey Cedars.
Said contract shall include, but not limited to the nature of duties
to be performed, the location of said duties, the date and hours of
service, the rate of payment for services of the lifeguards, administrative
fees to the Borough of Harvey Cedars and fees for the use of Borough
owned equipment. Except in the case of public or quasi-public agencies,
the payment of 100% of the estimated amount is due the Borough for
the assignment of such off-duty lifeguards from the person or entity
requesting such assignment in advance of providing such lifeguard
or lifeguards. The Borough Clerk is hereby empowered to execute a
contract for off-duty lifeguard related activities on behalf of the
Borough in accordance with this section.
2.
The Commissioner
of Public Safety or his designee shall be responsible for the assignment
of all off-duty lifeguard related activities.
3.
All persons
or entities shall pay to the Chief Financial Officer of the Borough
of Harvey Cedars such hourly sum of $25 an hour for such service.
The Borough shall remit to the lifeguard performing such duties $20
an hour and the remaining $5 shall be retained by the Borough for
administrative expenses and vehicle expenses.
4.
Any invoice
from the Borough of Harvey Cedars for any balance due, or a credit
for any refund, if any, shall be issued by the Borough’s Chief
Financial Officer. Payments due shall be made within 10 days of receipt
of the invoice from the Borough.
5.
Each person
or entity who shall employ off-duty lifeguards pursuant to this section
shall be responsible for maintaining his/her or its own insurance
coverage. Said insurance coverage shall include but not be limited
to general liability and automobile liability. Proof of said insurance
coverage shall be provided to the Borough of Harvey Cedars prior to
the assignment of any off-duty lifeguards to said person or entity.
Each person or entity who shall employ off-duty lifeguards shall indemnify
and hold harmless the Borough of Harvey Cedars and its employees and
agents.
6.
The Commissioner
of Public Safety or his/her designee shall have the authority to order
any lifeguard engaged in off-duty assignments within the Borough of
Harvey Cedars to respond to an emergency situation within the Borough
of Harvey Cedars. The Commissioner of Public Safety or his/her designee
shall also have the right to order any off-duty assignment to be terminated
whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the off-duty lifeguard and/or the citizens of
the Borough of Harvey Cedars.
In the event that a lifeguard is assigned to an emergency situation,
the Commissioner of Public Safety shall make note of said emergency
situation, as well as the time said lifeguard was removed from said
off-duty assignment. In any situation, said person or entity shall
not be responsible for the payment of the lifeguard’s hourly
rate, administrative fee or any other fees to the Borough of Harvey
Cedars until such time as said lifeguard and/or equipment returns
to the assignment with the off-duty employer.
7.
Any person
or entity requesting the services of off-duty lifeguards shall agree
to indemnify and hold harmless the Borough of Harvey Cedars for any
and all claims and damages which may arise from the off-duty lifeguard’s
employment by said person or entity.
8.
In order
to be eligible for “off-duty” employment, a lifeguard
must be in good standing with the Borough. Lifeguards who are on medical
or other leave due to sickness, temporary disability or an on-duty
injury shall not be able to engage in “off-duty” employment.
9.
The Commissioner
of Public Safety shall not assign any lifeguard off-duty assignments
where such off-duty assignments, in the aggregate, would exceed 20
hours in a given week. The Commissioner of Public Safety shall consider
other lifeguard off-duty non-lifeguard work in assigning off-duty
lifeguard related assignments, to ensure lifeguard safety and on-duty
job performance.
10.
Off-duty
lifeguard related assignments are not permitted outside the Borough
of Harvey Cedars.
There is hereby established in the borough a municipal court
to be known as the “Municipal Court of the Borough of Harvey
Cedars,” pursuant to the provisions of Chapter 264 of the Laws
of 1948, as amended and supplemented.
a.
Seal. The
municipal court shall have a seal that shall bear the impress of the
name of the court.
b.
Judge.
There shall be a municipal judge for the municipal court who shall
be appointed by the board of commissioners and who shall serve for
a term of three years from the date of his appointment and until his
successor is appointed and qualified.
The compensation of the judge and clerks or other personnel
shall be the annual salaries as may be provided by ordinance, which
salary shall be in lieu of all fees, costs and any other allowances
whatsoever.
c.
Powers.
The municipal court and the municipal judge thereof shall have, possess
and exercise all the functions, powers, duties and jurisdiction conferred
by Chapter 264 of the Laws of 1948, or by any other law.
The judge shall have the power in criminal cases to hold defendants
in reasonable bail to appear before the court having jurisdiction
thereof by taking recognizances of bail with surety or sureties and
forwarding the same to the court having jurisdiction before the time
of appearance herein mentioned.
d.
Time and
Place of Court. The municipal judge shall fix and determine the time
when court shall be held.
e.
Municipal
Public Defender. There is hereby established the position of municipal
public defender.
f.
Municipal
Court Application Fees. Any person applying for representation by
the municipal public defender shall pay an application fee for said
representation of $200. The municipal judge upon considering the application
may waive any portion of this application fee, if in his discretion
he finds the same to be an unreasonable burden on the person seeking
representation.
The funds collected for the services of the public defender
shall be placed in a dedicated fund administrated by the municipal
chief financial officer. The funds shall be used exclusively to meet
costs incurred in providing the services of municipal public defender
including, when required, expert and lay investigation and testimony.
The final determination as to the necessity for services of the municipal
public defender and services required by experts and lay testimony
shall be made by the municipal court.
The board of commissioners of the Borough of Harvey Cedars does
hereby authorize the execution of an Interlocal Government Services
Agreement with the Long Beach Island Health Department for Board of
Health services.
The director of the department of parks, public property and
public works shall supervise the work of the department.
The Superintendent shall control and regulate the affairs of
the Public Works Department and the Water and Sewer Department under
the supervision of the director of parks, public property and public
works, and shall perform such functions as required by law and other
related duties as fully described in the Personnel Policy Manual.
[Ord. No. 2012-03; Ord. No. 2022-17]
a.
Any person
or entity desiring to retain the services of Public Works laborers
of the Borough of Harvey Cedars for off-duty public works related
activities shall be required to enter into a contract with the Borough
of Harvey Cedars. Said contract shall include, but not limited to
the nature of duties to be performed, the location of said duties,
the date and hours of service, the rate of payment for services of
the employees, administrative fees to the Borough of Harvey Cedars
and fees for the use of Borough owned equipment. Except in the case
of public or quasi-public agencies, the payment of 100% of the estimated
amount is due the Borough for the assignment of such off-duty employees
from the person or entity requesting such assignment in advance of
providing such employee or employees. The Borough Clerk is hereby
empowered to execute a contract for off-duty public works employee
related activities on behalf of the Borough in accordance with this
section.
b.
The Commissioner
of Public Works or his designee shall be responsible for the assignment
of all off-duty employee related activities.
c.
All persons
or entities shall pay to the Chief Financial Officer of the Borough
of Harvey Cedars such hourly sum of $80 an hour for such service.
The Borough shall remit to the public works employee performing such
duties $60 of said hourly rate, and the remaining $20 shall be retained
by the Borough for administrative expenses and vehicle expenses.
d.
Any invoice
from the Borough of Harvey Cedars for any balance due, or a credit
for any refund, if any, shall be issued by the Borough’s Chief
Financial Officer. Payments due shall be made within 10 days of receipt
of the invoice from the Borough.
e.
Each person
or entity who shall employ off-duty public works employees pursuant
to this section shall be responsible for maintaining his/her or its
own insurance coverage. Said insurance coverage shall include but
not be limited to general liability and automobile liability. Proof
of said insurance coverage shall be provided to the Borough of Harvey
Cedars prior to the assignment of any off-duty employees to said person
or entity. Each person or entity who shall employ off-duty employees
shall indemnify and hold harmless the Borough of Harvey Cedars and
its employees and agents.
f.
The Commissioner
of Public Works or his/her designee shall have the authority to order
any public works employee engaged in off-duty assignments within the
Borough of Harvey Cedars to respond to an emergency situation within
the Borough of Harvey Cedars. The Commissioner of Public Works or
his/her designee shall also have the right to order any off-duty assignment
to be terminated whenever said assignment creates an unacceptable
risk to the health, safety and welfare of the off-duty public works
employee and/or the citizens of the Borough of Harvey Cedars. In the
event that a public works employee is assigned to an emergency situation,
the Commissioner of Public Works shall make note of said emergency
situation, as well as the time said employee was removed from said
off-duty assignment. In any situation, said person or entity shall
not be responsible for the payment of the employee’s hourly
rate, administrative fee or any other fees to the Borough of Harvey
Cedars until such time as said employee and/or equipment returns to
the assignment with the off-duty employer.
g.
Any person
or entity requesting the services of off-duty public works employees
shall agree to indemnify and hold harmless the Borough of Harvey Cedars
for any and all claims and damages which may arise from the off-duty
employee’s employment by said person or entity.
h.
In order
to be eligible for “off-duty” employment, a public works
employee must be in good standing with the Borough. Public works employees
who are on medical or other leave due to sickness, temporary disability
or an on-duty injury shall not be able to engage in “off-duty”
employment.
i.
The Commissioner
of Public Works shall not assign any public works employee off-duty
assignments where such off-duty assignments, in the aggregate, would
exceed 20 hours in a given week. The Commissioner of Public Works
shall consider other public works employee’s off-duty non-Borough
work in assigning off-duty employee related assignments, to ensure
safety and on-duty job performance of the employee.
j.
Off-duty
public works related assignments are not permitted outside the Borough
of Harvey Cedars.
The Board of Commissioners does hereby enact the Policy and
Procedure Manual for the borough employees of the Borough of Harvey
Cedars. All personnel rules and regulations of said manual shall be
made a part hereof and are on file at the Borough Clerk's office.
These rules and regulations may be amended and supplemented from time
to time by the governing body by the adoption of a resolution of the
governing body setting forth the changes to be made in said rules
and regulations. Each employee of the borough shall be provided a
copy of the rules and regulations as enacted, and a copy of said rules
and regulations shall be kept on file at the Borough Clerk's office
and will be made available to any employee upon request.
[Ord. No. 2014-03]
a.
Health
benefits shall be offered to every full-time employee as fully described
in the Policy and Procedure Manual of the Borough of Harvey Cedars.
b.
The term
“full-time employee” is intended to mean those employees
of the Borough of Harvey Cedars who are steadily employed and work
at least 32 hours per week, prior to the adoption of this chapter,
and those employees subsequently hired to work a minimum of 32 hours
who have served the three-month waiting period.
c.
The benefits
described above will be provided as a shared expense between the Borough
Harvey Cedars and the employee in accordance with Federal and State
regulations.
d.
Part-time,
temporary or seasonal employees are ineligible to participate or receive
any benefits under the borough’s present health insurance and
dental plans unless directly approved by the board of commissioners
as a term of employment.
e.
Any employee
of the Borough of Harvey Cedars who receives benefits as a dependent
may waive the receipt of health benefits from the Borough, upon the
execution of the appropriate written waiver. In accordance with the
State, the employee shall receive as additional compensation an annual
amount which cannot be more than 25% of the amount saved by the Borough
or $5,000, whichever is less.
The Chief Finance Officer of the borough is hereby authorized
to pay the regular payroll of the borough as established pursuant
to the salary ordinance currently in effect, on the dates when payment
thereof becomes due.
[Ord. No. 2014-10]
In accordance with Chapter 28 P.L. 2013, commencing July 1,
2014, all Borough employees and elected public officials who receive
compensation from the Borough of Harvey Cedars shall be compensated
by direct deposit only.
Any person claiming payment of funds from the borough shall
present to the Chief Finance Officer a detailed voucher, certified
by the claimant to be correct.
The claim shall not be presented by the CFO for approval until
there has been endorsed thereon the certificate of an officer or duly
designated employee of the borough having knowledge of the fact that
the materials have been received by, or the services rendered, to
the borough. After having been duly certified CFO shall present all
claims to the board of commissioners for formal approval at a regular
meeting.
Claims shall be considered by the board of commissioners, which
shall approve the same; except that the commissioners may reject any
claim submitted to it, stating the reason for the rejection.
It shall be the duty of the borough clerk to record all claims
in the official minutes, indicating that the commissioners have by
formal action approved the same, with appropriate record as to any
claim rejected or disapproved.
The retirement age of employees of the borough is determined
to be 65 years; and the board of commissioners hereafter shall have
the right by resolution to require the retirement of any employee
of the borough from employment on or after the attainment of the age
of 65 years by the employee.
Subject to the limitations set forth in the subsequent sections
of this chapter, whenever any civil action has been or shall be brought
against any person (hereinafter referred to as “employee”)
holding or formerly holding any office, position or employment with
the Borough of Harvey Cedars for any action or omission arising out
of or in the course of the performance of the duties of such office,
position or employment, the borough shall defray all costs of defending
such action, including reasonable counsel fees and expenses, together
with costs of appeal, if any, and shall save harmless and protect
such persons, from any financial loss resulting from the litigation.
The Borough Attorney or another attorney selected by the Mayor, with
the advice and consent of the Borough Commissioners, shall represent
the borough official or employee.
The borough shall not defray the costs of defending any criminal
action against any municipal employee, except as may be authorized
by state statute or other municipal ordinance or resolution of the
Borough of Harvey Cedars, and, in those circumstances, the responsibility
for defraying the costs of defending such employee shall be applicable
only when such criminal proceedings shall have been dismissed or result
in a final disposition in favor of the employee. However, should the
borough determine that there is good cause to dismiss the employee
arising out of the incident or related incidents of the criminal prosecution,
the borough will not reimburse the employee or official for legal
defense and costs of defending the suit, even though criminal proceedings
against the employee may be dismissed or the employee found not guilty.
a.
The obligation
of the Borough of Harvey Cedars to defend and indemnify its employees
for acts or omissions arising out of or in the course of the performance
of the duties of that person shall be limited to those circumstances
under which the borough itself would be liable for the acts of its
employees under the doctrine of respondeat superior, except that the
borough shall defend any such officer or employee sued under the Federal
Civil Rights Act, provided that the Mayor and/or Commissioners shall
not have concluded that such act or omission was outside the scope
of the responsibilities of said officer or employee.
b.
Furthermore,
the borough shall not defend and save harmless any employee committing
an intentional or willful act or willful omission arising out of or
in the course of the performance of the duties of such office, position
or employment.
c.
Also specifically
excluded from the provisions of this chapter, is any municipal employee
or official providing any form of professional medical services, such
as a doctor and nurse, insofar as said civil action arises out of
or concerns those professional medical services.
d.
The borough
shall not be responsible for the defense or indemnification of any
official or employee of the borough, when the Borough Commissioners
have determined that:
1.
The act
or omission was not within the scope of employment.
2.
The act
or failure to act was because of actual fraud, willful misconduct
or actual malice.
3.
The defense
of the action or proceeding would create a conflict of interest between
the borough and the public employee.
4.
The defense
of the action or proceeding is provided for by an insurance policy
or policies, whether obtained by the borough or by any other person.
5.
The public
employee failed to deliver the Borough Clerk, within 10 calendar days
after the time he is served with any summons, complaint, process,
notice, demand or pleading, the original or a copy of the same.
6.
The public
employee has failed to cooperate fully with the defense.
Whenever the borough provides any defense required of it under
this chapter, the borough, through counsel, may assume exclusive control
over the representation of the public employee, and such employee
shall cooperate fully with the defense.
a.
In any
case where the borough is required to provide a defense under this
chapter, the borough shall pay or shall reimburse the public employee
for:
b.
In addition,
in any case where the borough would be required to provide a defense
under this chapter except for the fact that such defense is provided
for by insurance, the borough shall provide indemnification as aforesaid,
but only to the extent not covered by insurance.
[Ord. No. 2002-18]
Nothing in this chapter shall authorize the borough to pay for
punitive or exemplary damages or damages resulting from the commission
of a crime.
The fire department shall be known as the “High Point
Volunteer Fire Company” and shall consist of a chief, assistant
chief, captain, lieutenant and such other officers as the chief may
designate together with such firemen as set forth below.
[Ord. No. 2022-01]
No person shall hereafter become a member of the fire company
unless said person is a citizen of the United States and of good moral
character and said person shall be physically fit to perform the duties
of a firefighter as evidenced by a certificate to that effect by a
practicing physician of the State of New Jersey after physical examination
for that purpose. Persons applying for active membership shall be
18 years of age or above and not over the age of 40. Persons applying
for junior membership shall be 16 or 17 years of age.
Every person seeking to join the fire company shall make application
to the company. Upon election to membership by majority vote of the
unit present and voting, a complete background check shall be performed
by the fire department. Upon a favorable background check submitted
to the Board of Commissioners, membership approval shall be sought
by the Board. Once membership is approved by the Board, membership
shall be ratified by the fire company and said person shall become
a member in good standing of the fire department. The name and contact
information of each member shall be submitted to and kept by the borough
clerk.
The chief and board of directors of the company shall constitute
a board of fire officers, who shall meet monthly or more frequently
for the transaction of all business of the department, which board
shall have entire and absolute control over and management of the
department and its government.
Any member of the department who has arrived at the age of 50
may be retired from service by the board of fire officers, and in
like manner any member who shall become physically unfit for active
service.
The board of fire officers is hereby authorized and empowered
to adopt a code of by-laws and rules for the control, management and
government of the department and for the regulating of the proceedings
and business for the board, which code of by-laws and rules after
adoption shall be forwarded to the Board of Commissioners of the Borough
of Harvey Cedars.
[Ord. No. 2022-01]
The board of officers are required to devise forms or methods
of keeping records and shall see that records are kept of all alarms
of fire, fire losses, methods of extinguishment, drills, hose, apparatus,
minor equipment, condition of hydrants and starting of motors.
Record of actual attendance and duty at fires and drills shall
be kept and reported to the Board of Commissioners annually.
A financial audit report shall be submitted to the Borough’s
Chief Finance Officer prior to receiving the annual Borough contribution.
It shall be the duty of the company, so often as any fire shall
breakout, to repair immediately upon the alarm thereof to the fire
house and to convey the company apparatus to the place where the fire
shall happen, unless otherwise directed by the chief engineer or other
officer who may be in charge and upon such direction they shall return
their apparatus, well washed and cleaned, to the firehouse.
In all cases of fire, the chief or, in his absence, an assistant
shall have full power and absolute control and command, and cause
the apparatus to be worked in the most advantageous manner.
Should the chief and the assistant chief be absent from a fire,
the person having charge of the apparatus arriving at the fire shall
assume the duties of the chief until the arrival of his superior officer.
[Ord. No. 2022-01]
Any member of the department may be removed for cause and upon
notice by a majority vote of the members in good standing of the department,
or for cause and upon notice by a majority vote of the Board of Commissioners.
Violation by any member of any of the requirements of this section
shall count as good cause for removal.
[Ord. No. 2022-01]
a.
Length
of Service Awards Program Created. A Length of Service Awards Program
(LOSAP) is herewith created in accordance with Chapter 388 of the
Laws of 1997, to reward members of the volunteer firefighters for
their loyal, diligent, and devoted services to the residents of the
Borough of Harvey Cedars.
b.
Contributions
to Plan; Administration of Plan. The LOSAP shall provide for fixed
annual contributions to a deferred income account for each volunteer
member that meets the criteria set forth below; that such contributions
shall be made in accordance with a plan that shall be established
by the Borough of Harvey Cedars pursuant to P.L. 1997, c. 388; and
that such plan shall be administered in accordance with the laws of
the State of New Jersey, the U.S. Internal Revenue Code, and this
section.
c.
Criteria
for Contributions, Point Schedule for Volunteer Service. The LOSAP
shall provide for annual contributions to each eligible member that
meets the criteria as follows:
1.
Fifty
points are required for a member to be eligible for an annual contribution.
(See Schedule A on the following page.)[1]
[1]
Editor’s Note: Schedule A is included as an attachment to this chapter.
2.
Five
years of service are required for vesting.
3.
The
annual contribution shall be $620 per eligible member.
a.
Length
of Service Awards Program Created. A Length of Service Awards Program
(LOSAP) is hereby created in accordance with Chapter 388 of the Laws
of 1997, to reward the members of the Barnegat Light First Aid Squad
for their years of loyal, diligent, and devoted service to the residents
of the Borough of Harvey Cedars.
b.
Contributions
to Plan; Administration of Plan. The LOSAP shall provide for fixed
annual contributions to a deferred income account for each member
of the Barnegat Light First Aid Squad that meets the criteria set
forth below. Such contributions shall be made in accordance with a
plan that shall be established by the Borough of Harvey Cedars pursuant
to P.L. 1997, c. 388; and shall be administered in accordance with
the laws of the State of New Jersey, the U.S. Internal Revenue Code,
and this section.
c.
Criteria
for Contributions; Point Schedule for Volunteer Service. The LOSAP
shall provide for annual contributions to each eligible member that
meets the criteria as follows:
1.
Fifty
points are required for a member to be eligible for an annual contribution.
(See Schedule A on the following page)[1]
[1]
Editor’s Note: Schedule A is included as an attachment to this chapter.
2.
Five
years of service are required for vesting.
3.
The annual
contribution shall be $310 per eligible member.
As used in this section, the following terms shall have the
meanings indicated:
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with those
on file with the Federal Bureau of Investigation, Identification Division
and/or the New Jersey State Bureau of Identification in the Division
of State Police.
Any youth programs not sponsored by the Borough of Harvey
Cedars but that utilize municipal facilities or have affiliation with
a Borough-sponsored youth program and having contact with persons
under the age of 18 years.
Any programs sponsored by the Borough of Harvey Cedars, including
any and all leagues, boards and commissions falling within the purview
of or acting for or on behalf of the Borough of Harvey Cedars and
having contact with persons under the age of 18 years. For purposes
used in this section, a program does not include a one-time Borough-sponsored
special event.
Any programs that allow for participation in activities by
those persons under 18 years of age. Activities may include, but are
not limited to, sporting activities, passive recreation groups, clubs
or camps and trips or other activities whereby some control and responsibility
for children is assigned to some person acting for or on behalf of
the Borough other than a parent or caregiver.
[Ord. No. 2017-07]
a.
Prior
to any club or organization, not defined as a Borough-sponsored youth
program, being authorized to use Borough-owned facilities for functions
participated in by children, all adults, those persons 18 years of
age or older, in any way assisting in the function, including but
not limited to coaches, assistant coaches, or similar positions, shall
submit sufficient information on forms supplied by the Harvey Cedars
Chief of Police or his designee for the purpose of obtaining a criminal
history background check with the State Bureau of Identification in
the New Jersey State Police. Applications for background checks shall
be processed by the Harvey Cedars Police Department.
b.
The submission
of background check findings must be based upon a check performed
within one year of the start of use of the Borough-owned facility.
In the case of coaches performing duties as employees of a school
district, the policy of background checks adopted by the individual
school district shall be used to establish eligibility for use of
Borough-owned facilities. In all cases, the background check must
comply with the provisions of any applicable laws regarding same,
but not less detailed than those performed by the Borough for individuals
involved in administering Borough-sponsored youth programs. The cost
of background checks for individuals not administering a Borough-sponsored
program shall be borne by the individual or program with which they
are participating.
All adults, those persons 18 years of age or older, including
but not limited to coaches, assistant coaches, or similar positions
involved in educating, directing or supervising youth, and in any
way assisting in a Borough of Harvey Cedars sponsored function participated
in by children, shall submit sufficient information on forms supplied
by the Harvey Cedars Chief of Police for the purpose of obtaining
a criminal history background check with the State Bureau of Identification
in the New Jersey State Police. Applications for background checks
shall be processed by the Harvey Cedars Police Department. Individuals
involved in a Borough-sponsored youth function, and who are required
to undergo background checks based upon this section, shall not be
responsible for the costs involved with obtaining the criminal background
check. The Borough of Harvey Cedars shall bear the costs for the background
checks for individuals qualified under this section.
Individuals qualified in providing recreation opportunities
for, or on behalf of, the Borough of Harvey Cedars shall be issued
a permit by the Municipal Clerk with appropriate expiration dates
based upon the date of their individual background check.
a.
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Police Chief or his designee shall notify the applicant and the president or leader of the recreation program of affirmative or negative results. The determination of the Police Chief is based upon Subsection b of this section. Details in the background check that result in a negative determination by the State Police are not afforded to the Police Chief and are only available to the applicant upon making a formal request to the State Bureau of Investigation.
b.
In the
event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
and welfare of children, said person shall not be qualified to participate
in any official capacity in any function for persons under the age
of 18 years held at any Borough-owned facilities. Such offenses shall
include, but not be limited to:
1.
In New
Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1
et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A
2C:15-1 et seq.;
(b)
Against the family, children or incompetents, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;
c.
The list
of crimes and violations contained in this section is for illustrative
purposes only and shall not be construed as a limitation on those
criminal activities or violations that would be grounds to disqualify
a person from assisting with youth-related activities as indicated
herein.
d.
Refusal
by individuals required to submit to background checks will result
in an immediate dismissal of the individual from any Borough-sponsored
activities requiring background checks. In addition, refusal to comply
with this section by any individual falling within the scope of requirements
for non-sponsored youth programs will forfeit that individual's ability
to participate with the respective program. Refusal of a non-Borough-sponsored
youth program to subscribe to the requirements of this section shall
forfeit that program's ability to use municipal facilities.
[Ord. No. 2017-07]
a.
All non-sponsored
youth programs that have individuals subject to this section shall
supply background checks for all of its participants prior to the
individual being able to participate at any function at a Borough-owned
facility to the extent covered by this section. A new background check
shall be submitted to the Police Chief annually.
b.
All Borough-sponsored
youth programs that have individuals subject to this chapter shall
direct those individuals to the Police Chief for background checks
prior to the individual being able to participate at any function
sponsored by the Borough of Harvey Cedars. A new background check
shall be submitted to the Police Chief annually. Individuals involved
in Borough-sponsored youth programs who are required to undergo background
checks shall be given an interim approval for participation only after
submission to the Division of State Police for a background check.
Interim approvals shall only be valid for the period of time that
it takes to receive background checks results. Such interim approval
shall not be valid for a period of time exceeding two weeks. Only
one interim approval may be granted per individual.
Any and all criminal background checks supplied to the Police
Chief or his designee shall be filed and maintained in a secure and
locked cabinet or room and shall not be available to the public. The
Police Chief shall take appropriate steps to safeguard such records.
The records shall be exempt from public disclosure under the common
law or the New Jersey Right to Know Law. The records shall only be
retained for such period of time as is necessary to serve their intended
and authorized purpose.
[Ord. No. 2011-03]
There is hereby established a reserve in the General Trust Fund
which shall be noted and designated as the Open Space Trust Fund (“Trust
Fund” hereinafter). A separate bank account shall be established
and maintained entitled “Harvey Cedars Open Space Trust Account”.
a.
Funding.
Beginning in 2017, a special tax rate shall be added to the total
Borough tax rate in the amount not to exceed $0.01 per $100 of the
annual assessment valuations and tax rate, the revenue from which
shall be deposited in the Trust Fund. The Borough may, in its discretion,
deposit additional municipal monies into the Trust Fund, which deposits
shall then be subject to all of the provisions governing the Trust
Fund. The Trust Fund shall also be authorized to accept donations
and testamentary bequests.
b.
Purpose
and Utilization of Funds. The funds from the Trust Fund shall be utilized
for the purchase of property rights within the Borough of Harvey Cedars
from willing sellers, 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
of lands and property rights for recreation and/or conservation purposes,
including all costs and expenses associated therewith.
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 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 Board of Commissioners.
The land acquired under the 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.
c.
Sale of
Property. No real property or interest therein, acquired with funds
from the Trust Fund shall be sold, conveyed, leased or otherwise disposed
by the Borough unless it is needed for another public use or otherwise
furthers the purposes of the Trust. If such a sale, lease or conveyance
is made, the Borough shall be required to place the monies received
into the Trust Fund as provided in NJSA 40:12-15.9.
[Ord. No. 2017-18]
There is hereby established an Open Space Advisory Committee
of the Borough of Harvey Cedars to review and recommend parcels of
land and interests therein that could benefit from the Open Space
Funds for the public good.
a.
Membership.
The Open Space Advisory Committee shall consist of 10 regular members
and one alternate member as follows:
1.
One member
of the Harvey Cedars Board of Commissioners.
2.
One member
of the Harvey Cedars Land Use Board.
3.
Three
residents of the Borough of Harvey Cedars.
4.
Four
property owners or residents of the Borough of Harvey Cedars.
5.
One representative
of the Harvey Cedars Taxpayers Association designated by their Executive
Board.
6.
All members
shall serve without compensation.
b.
Appointment;
Term. The term of office of all members shall be one year which appointments
shall be made annually by the Board of Commissioners.
c.
Officers
and Minutes. The Open Space Advisory Committee shall annually select
from among its regular members a chairperson to act as presiding officer
and a vice chairperson to serve as presiding officer in the absence
of the chair. The committee shall also designate from among its regular
members a secretary whose function shall be to keep minutes of all
meetings, showing the time, place, the members present, and the subjects
considered. Copies of minutes shall be sent to the Municipal Clerk
promptly after each meeting. The Municipal Clerk shall make the minutes
available to the public upon request.
d.
Public
Meetings. The Open Space Advisory Committee shall hold public meetings,
which public meetings shall be held in accordance with the Open Public
Meetings Act, and the Committee shall give appropriate notice of said
meetings. The Committee shall meet regularly on dates as determined
by the members, but at least twice annually.
e.
Duties
and functions. The Open Space Advisory Committee shall:
1.
Study
and determine the existence of open space properties within the Borough.
2.
Make
recommendations to the Board of Commissioners as to those properties
which it has determined meet the criteria for possible acquisition,
whether in fee, by easement, by means of development rights, or by
other means. The Board of Commissioners shall review the report of
the committee and make a determination as to the properties, if any,
to be acquired.
3.
Prepare
an open space plan which shall be submitted to the Board of Commissioners
on an annual basis; the plan shall contain an updated inventory of
open space properties, and shall include recommendations for the acquisition
or preservation of certain lands within the Borough.
4.
Obtain
and review accounting reports from the Borough’s Chief Finance
Officer of the utilization and balance available in the Open Space
Trust Fund.
5.
Perform
such other advisory duties as requested by the Board of Commissioners.
f.
Budget.
The Board of Commissioners may, at its discretion, appropriate sufficient
funding to assist the Open Space Advisory Committee in carrying out
its duties and responsibilities.
[Ord. No. 2017-11]
In the event that no property is acquired or financed under
this chapter for a period of five consecutive years, the Board of
Commissioners shall conduct a review and issue a report with recommendations
and conclusions concerning the continuation of the Open Space Trust
Fund.
