[Ord. No. 1 § 1]
There shall be in and for the Borough a Board of Health in accordance
with the provisions of the act of the legislature of New Jersey, 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 several supplements thereto.
[Ord. No. 1 § 2; Ord. No. 97 § 1; Ord. #2015-1706;
amended 1-27-2020 by Ord. No. 2020-1832]
The Board of Health shall consist of seven members. All members
of the Board hereafter appointed shall be appointed by the Mayor with
the consent of the Borough Council and shall hold said office for
the term of three years except in the case of vacancies, which shall
be filled for the unexpired term.
[Ord. No. 1 § 3]
The Board of Health shall adopt rules and regulations for its
own government and shall elect a President from among its own members
and shall fix the salaries of the Health Physician and Sanitary Inspector
and Clerk.
[Ord. No. 1 § 4]
The Board of Health shall appoint a Registrar of Vital Statistics,
Clerk and Sanitary Inspector, and may also appoint such other officers
or assistants as the Board of Health may deem necessary; all appointees
of the Board of Health shall be governed by the rules of the Board,
and they may be removed for cause by the Board.
[Ord. No. 1 § 5]
The Board of Health shall not contract any debt or debts of
any kind beyond the amount of the annual appropriations made for its
use by the Borough Council.
[Ord. No. 327 § 1; Ord. No. 415 § 1]
There is hereby established an Environmental Commission to consist
of seven members appointed by the Mayor with the advice of the Council,
one of whom shall also be a member of the Planning Board. The Mayor
with the advice of the Council shall designate one of the members
to serve as Chairman and Presiding Officer of the Commission. Commissioners
shall be appointed for terms of three years and until the appointment
and qualification of their successors. All Commissioners shall be
residents of the Borough and shall serve without compensation. The
Mayor or Borough Council may remove any member of the Commission for
cause, on written charges served upon the member and after a hearing,
at which the member shall be entitled to be heard in person or by
counsel. A vacancy on the Commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
[Ord. No. 327 § 2; Ord. No. 415 § 2]
The Environmental Commission shall have power to conduct research
into the use and possible use of the open land areas of the Borough
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 or privately owned, including open marsh lands, swamps
and other wet lands, in order to obtain information on the proper
use of such areas, and may from time to time recommend to the Planning
Board plans and programs for inclusion in a municipal master plan
and the development and use of such areas.
[Ord. No. 327 § 3; Ord. No. 415 § 3]
The Environmental Commission may, subject to the approval of
the Borough Council, acquire property, both real and personal, in
the name of the Borough of Bernardsville by gift, purchase, grant,
bequest, devise or lease for any of its purposes and shall administer
the same for such purposes subject to the terms of the 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 Borough.
[Ord. No. 327 § 4; Ord. No. 415 § 4]
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report to the Borough Council.
[Ord. No. 327 § 5; Ord. No. 415 § 5]
The Borough Council may appropriate funds for the expenses incurred
by the Environmental Commission. The Commission may appoint such clerks
and other employees as it may require and as shall be within the limits
of funds appropriated to it.
[Ord. No. 327 § 6; Ord. No. 415 § 6]
The Environmental Commission established herein shall have all
of the powers pursuant to the provisions of N.J.S.A. 40:56A-1, et
seq., as supplemented and amended.
[Ord. No. 2001-1236 § 1]
The Governing Body may in its discretion appoint not more than
two alternate members of the Environmental Commission. Alternate members
shall be designated at the time of appointment by the Governing Body
as Alternate Member No. 1 and Alternate Member No. 2. The terms of
the alternate members shall be for two years, except that the terms
of the alternate members first appointed shall be two years for Alternate
No. 1 and one year for Alternate No. 2, so that the term of not more
than one alternate member shall expire in any one year. A vacancy
occurring otherwise than by expiration of term shall be filled by
the Governing Body for the unexpired term only. An alternate member
shall not be permitted to act on any matter in which he or she has
either directly or indirectly any personal or financial interest.
An alternate member may, after public hearing, if he or she requests
one, be removed by the Governing Body for cause. An alternate member
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member. In the event that a choice must be made as
to which alternate member is to vote, Alternate No. 1 shall vote first.
[Added 2-13-2023 by Ord.
No. 2023-1951]
To create advisory committees to advise the governing body. An advisory committee, unlike a statutory board or commission, has no executive or administrative powers or duties with respect to the operation of the Borough, and all such powers and duties rest solely with the governing body. The specific purposes and tasks of the advisory committees herein created are set forth in Subsection 2-38.3 below. In addition, this section recognizes the Mayor's authority to create ad hoc committees to advise the Mayor and Council in areas not otherwise within the province of established boards, commissions or advisory committees. This section does not apply to statutory boards and commissions.
[Added 2-13-2023 by Ord.
No. 2023-1951]
The following words and terms when used in this section shall
have the following meanings unless the context clearly indicates otherwise:
Means any committee created by local ordinance which is not
specifically authorized by State statute. The term 'Advisory
Committee' shall include, but not be limited to, the Shade Tree
Committee, the Recreation Advisory Committee, the Historic Preservation
Advisory Committee, the Housing Property Maintenance and Zoning Compliance
Advisory Committee and any other similar advisory committees created
by ordinance, resolution or motion of the Governing Body.
Means a committee created by the Mayor pursuant to their
inherent authority for specific limited purposes and for specific
terms to act in an advisory role to the Mayor and Council in areas
not otherwise within the province of established boards, commissions
or advisory committees due to the nature of the limited scope of the
topic in terms of time or specialty area.
Means any Borough board or commission created either by State
law or by local ordinance pursuant to State law, Statutory Boards
or Commissions shall include, but not be limited to, the Planning
Board, the Zoning Board of Adjustment, the Board of Health, the Environmental
Commission, the Library Board of Trustees, the Shade Tree Commission
and the Office of Emergency Management.
[Added 2-13-2023 by Ord.
No. 2023-1951]
The following advisory committees are hereby created and shall
have the duties set forth herein:
a.
Shade Tree Advisory Committee.
1.
The Shade Tree Committee shall have the following duties:
(a)
Advise the Mayor and Council on all matters pertaining to the
planting and care of shade and ornamental trees and shrubbery now
located, or which may hereafter be planted, in any public highway,
park or parkway, including the planting, trimming, spraying, care
and protection thereof.
(b)
Encourage arboriculture.
(c)
Recommend to the governing body adoption, amendment and repeal
of ordinances the Committee feels are necessary or proper for carrying
out the provisions of this subsection.
(d)
Study, investigate, counsel and develop and/or update annually
and administer a written plan for the care, preservation, pruning,
planting, replanting, removal or disposition of trees and shrubs in
parks along public streets and in other public areas. Such plan will
be presented annually to the Mayor and Council and upon acceptance
and approval, shall constitute the official comprehensive municipal
tree plan for the Borough of Bernardsville. The Shade Tree Committee
shall consider, investigate, make findings, report and recommend upon
any special matter or question coming within the scope of its work.
(e)
Perform such other tasks as may be requested by the Mayor and
Council.
b.
Recreation Advisory Committee.
1.
Duties. The Recreation Advisory Committee shall perform the following
duties:
(a)
Monitor Borough parks, playgrounds and recreation areas and
make recommendations to the Mayor and Council regarding the use, maintenance
and improvements to those parks, playgrounds and recreation areas.
(b)
Plan the recreation program for the Borough and recommend to
the Mayor and Council a budget for its implementation.
(c)
Oversee the management of the recreation program within the
budget approved by the Council.
(d)
Recommend to the Mayor and Council the hiring of a Recreation
Director and other recreation employees. The Director shall report
to the Borough Administration on an operational basis. The Director
shall be accountable to the Recreation Advisory Committee for the
management of the recreation program and to the Borough Chief Financial
Officer for all monies received or spent in connection with the recreation
function.
(e)
Recommend to the Mayor and Council the possible acquisition
of additional parks, playgrounds, recreation areas, trails, open space
and recreation equipment.
(f)
Draft and recommend adoption of suitable rules and regulations
for the use of Borough parks and recreational facilities.
(g)
Monitor Borough trails and make recommendations to the Mayor
and Council regarding the use, maintenance, improvements and to those
trails.
(h)
Render general advice to the Mayor and Council regarding recreational
programs and facilities in the Borough.
(i)
Perform such other duties as may be requested by the Mayor and
Council.
c.
Historic Preservation Advisory Committee.
1.
Responsibilities. The Historic Preservation Advisory Committee shall
have the responsibility to:
(a)
Prepare a survey of historic sites in the Borough;
(b)
Make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements;
(c)
Advise the Planning Board on the inclusion of historic sites
in the recommended capital improvement program;
(d)
Advise the Planning Board and Board of Adjustment on applications
for development pursuant to paragraph 2 below;
(e)
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Borough.
2.
Referral of Board Applications. The Planning Board and Board of Adjustment
shall refer to the Historic Preservation Advisory Committee every
application for development submitted to either Board for development
in historic preservation districts or on historic sites identified
in any component element of the Master Plan. This referral shall be
made when the application for development is deemed complete or is
scheduled for a hearing, whichever occurs sooner. Failure to refer
the application as required shall not invalidate any hearing or proceeding.
The Historic Preservation Advisory Committee may provide its advice,
which shall be conveyed through its delegation of one of its members
or staff to testify orally at the hearing on the application and to
explain any written report which may have been submitted.
3.
Referral of Permit Applications. All applications for issuance of
permits pertaining to historic sites shall be referred to the Historic
Preservation Advisory Committee for an advisory report concerning
historic preservation to any of those aspects of the change proposed,
which aspects were not determined by approval of any application for
development by a municipal agency pursuant to the MLUL. The Historic
Preservation Advisory Committee shall submit its advisory report to
the Construction Official. When time does not allow the submission
of a permit application to the full Committee, the Chair of the Historic
Preservation Advisory Committee may act in the place of the full Committee
for purposes of this subsection.
d.
Housing, Property Maintenance and Zoning Compliance Advisory Committee.
1.
Duties. The duties of the Housing, Property Maintenance and Zoning
Compliance Advisory Committee shall be as follows:
(a)
Monitor ongoing housing problems in the Borough including, but
not limited to overcrowding and stacking, by consulting with the Code
Enforcement Officer and the Housing Officer.
(c)
Recommend to the Governing Body appropriate amendments to the
Residential Property Maintenance and Housing Code.
(d)
Monitor the effectiveness of the Borough Commercial Property
Maintenance Code as set forth in § 11-1 of the Borough Code.
(e)
Recommend to the Governing Body appropriate amendments to the
Commercial Property Maintenance Code.
(f)
Monitor zoning compliance in the Borough.
(g)
Recommend to the Governing Body appropriate strategies for enforcement
of the Borough Zoning Ordinance.
(h)
Submit monthly status reports to the Mayor and Council and at
the end of each calendar year submit a comprehensive report to the
Mayor and Council concerning housing problems in the Borough and the
effectiveness of the Borough Housing Code, Property Maintenance Codes
and Zoning Compliance.
[Added 2-13-2023 by Ord.
No. 2023-1951]
At its annual reorganization meeting or as soon thereafter as
may be practicable, the Mayor, with the consent of Borough Council,
shall appoint members and a chair and vice-chair for each advisory
committee covered by this section. The Mayor shall determine the number
of members that shall be appointed to each advisory committee. All
appointments to Borough advisory committees shall be for a term of
one year running from January 1 to December 31 of each calendar year.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term ending December 31 of that year. Chairs
and vice-chairs shall serve until the next annual Council reorganization
meeting. In the case of a vacancy, the Mayor with the Council's
consent may appoint a chair or vice-chair to fill the unexpired term.
The Chair, or in his or her absence or disability, the vice-chair
shall preside at all meetings of the advisory committee or ad hoc
committee.
[Added 2-13-2023 by Ord.
No. 2023-1951]
The Borough shall provide mandatory training for the members
of all advisory committees so that they are familiar with parliamentary
procedures and the scope of authority of their advisory committees.
Advisory committee members shall be required to complete this mandatory
training upon appointment and every three years thereafter. Training
sessions shall be conducted via Zoom (or a similar video conferencing
platform) and members of the various committees, with the permission
of the Borough Administrator, may satisfy their training requirements
by watching a taped training session.
[Added 2-13-2023 by Ord.
No. 2023-1951]
The Mayor is hereby authorized to create ad hoc committees for specific limited purposes and for specific limited terms, to act in an advisory role to the Mayor and Council in areas not otherwise within the province of established boards or commissions due to the nature of the limited scope of the topic in terms of time or specialty area. Members shall be appointed by the Mayor, and the Council shall receive notice of the creation, term, membership and duties of each said ad hoc committee. Ad hoc committees formed pursuant to this section shall have only those powers as authorized therein and as set forth in the Mayor's notice submitted to the Council. Ad hoc committees shall be subject to the miscellaneous rules and regulations set forth in § 2-38.7 below. An ad hoc committee shall terminate at the end of the calendar year in which it is created, unless renewed by the Mayor at the following year's reorganization meeting.
[Added 2-13-2023 by Ord.
No. 2023-1951]
a.
All advisory committee and ad hoc committee hearings shall be audiotaped
or videotaped.
b.
Minutes shall be kept for all advisory committee and ad hoc committee
meetings and copies of those minutes shall be submitted to Borough
Clerk in a timely manner for distribution to the Mayor and Council
and are to be included in the next Council meeting agenda packets.
c.
Except when specifically authorized by the Open Public Meetings Act
(N.J.S.A. 10:4-12), all advisory committee and ad hoc committee meetings
shall be conducted in public. Members of the public, however, shall
only be permitted to speak when the floor is open to them by the person
chairing the meeting.
d.
All advisory committees and ad hoc committees shall act only within
the scope of their duties as outlined in this section.
e.
No individual member shall take any action on behalf of an advisory
committee or an ad hoc committee.
f.
Neither advisory committees nor ad hoc committees may not enter into
contracts or expend any Borough funds.
g.
Borough employees shall not be permitted to attend advisory committee
or ad hoc committee meetings, except in rare circumstances when the
Administrator approves their attendance in advance.
h.
Neither advisory committees nor ad hoc committees nor any of their
individual members shall communicate directly with any Borough employees
or officials. All such communications shall be directed through the
Borough Administrator, except that the Borough Administrator may authorize
the chair or vice-chair of an advisory committee or ad hoc committee
to communicate directly with a Borough employee or official with a
specific question or on a particular project.
Former § 2-41, Affordable Housing Board, previously codified
herein and containing portions of Ordinance No. 802 was repealed in
its entirety by Ordinance No. 2013-1642.
[Amended in entirety 2-13-2023 by Ord. No. 2023-1947. Prior history includes Ord. No. 2000-1205 ; Ord.
No. 2003-1332; Ord. No. 2009-1522.
[Amended 2-13-2023 by Ord. No. 2023-1947]
The Office of the Emergency Management is hereby established
in the Borough of Bernardsville in accordance with the provisions
of N.J.S.A. App. A:9-41.
[Amended 2-13-2023 by Ord. No. 2023-1947]
The Mayor shall appoint a Municipal Emergency Management Coordinator.
Any qualified individual appointed as Borough Emergency Management
Coordinator, who is not a resident of Bernardsville Borough, shall
reside within a reasonable proximity of the Borough to ensure prompt
responsive coordination of municipal resources for any local incident.
The Municipal Emergency Management Coordinator, subject to fulfilling
the requirements of N.J.S.A. Sapp. A:90.1, shall serve for a term
of three years.
a.
Qualifications.
1.
A Municipal Emergency Management Coordinator shall:
(a)
Possess a high school diploma or its equivalent;
(b)
Satisfy the residency and other applicable position requirements
of any relevant State or local statute or ordinance (including N.J.S.A.
App.A:9-40.1);
(c)
Have a minimum of two years of experience in the planning, development,
and administration of emergency response activities such as those
provided by emergency management, police, fire, rescue or medical
personnel either in the public or private sector or in the military
service;
(d)
Possess a valid New Jersey driver's license; and
(e)
Complete National Incident Management System training pursuant
to Directive NJOEM-I (2021), and the following courses/continuing
education requirements:
(1)
The NJOEM Basic Workshop in Emergency Management (within one
year of first appointment as required by N.J.S.A. App.A:9-40.1);
(2)
The FEMA Professional Development Series (within one year of
first appointment, in satisfaction of the Home Study Course requirement
of N.J.S.A. App.A:9-40.1); and
(3)
24-hours of continuing education every 12 months (based upon
the date of appointment or re-appointment), unless extended for good
cause by the NJOEM State Training Officer.
(i)
Qualifying classes include the following categories:
[a]
Disaster/emergency management, homeland security, incident command
system courses;
[b]
General management courses: principles of management, finance,
organizational behavior, budgeting, community development, human resources,
computer systems, MIS applications, business communications, and public
speaking; or
[c]
Other classes approved by the NJOEM State Training Officer.
(ii)
The course participation hours for the classes
identified in subparagraphs a. and b. above can be applied to satisfy
the continuing education requirement within any given 12 month period.
(iii)
The NJOEM State Training Officer is authorized
to develop and disseminate guidance for permitting instructor hours
to satisfy a portion of the continuing education requirement up to
12 hours per 12-month reporting period.
(iv)
NJOEM Emergency Response Bureau personnel are
responsible for verifying compliance. Any questions regarding whether
or not a course shall qualify for purposes of this subsection shall
be determined by the NJOEM State Training Officer.
2.
A deputy municipal emergency management coordinator shall also be
required to meet the standards of paragraph a1.
b.
Duties and Authority of the Municipal Emergency Management Coordinator.
The Municipal Emergency Management Coordinator shall lead the emergency
management function at the municipal level. The Municipal Emergency
Management Coordinator shall:
1.
Maintain proficiency in the profession of emergency management, and
participate in appropriate federal, State and local meetings, trainings,
conferences and exercises to develop and enhance subject matter expertise;
2.
Establish and oversee the municipal office of emergency management,
and, when applicable, recruit, organize, coordinate and train deputies
and staff to administer the municipal office of emergency management
and oversee the functions and programs described in paragraph c;
3.
Comply with Federal, State and local statutes, rules, procedures
and authorities pertaining to emergency management, adhere to the
guidance of the State Director and NJOEM, and maintain an active cooperative
working relationship with the County Office of Emergency Management
of the county in which the municipality is located, to implement all
elements of the municipality's emergency management program;
4.
Establish and implement policies and procedures with respect to the
municipality's emergency management program to ensure effective
coordination and oversight of all programs and functions described
in the municipal emergency operations plan (EOP);
5.
Coordinate the review and update of the EOP pursuant to N.J.S.A.
App:A9-43.2 through N.J.S.A. App:A9-43.4, NJOEM procedures and directives
issued by the State Director:
6.
Chair the Local Emergency Management Council (or participate in a
joint emergency management council if applicable) in accordance with
N.J.S.A. App.A:9-41 and directives issued by the State Director;
7.
In accordance with the authority set forth in directives of the State
Director and N.J.S.A. App.A:9-40.5, when warranted, proclaim (and
then rescind) a municipal-level state of emergency, implementing emergency
protective measures and issuing all orders required to support life
safety and to facilitate preparedness, response and recovery operations;
8.
Attend 75% of all scheduled County Office of Emergency Management
meetings for municipal coordinators and assure representation at all
other county emergency management meetings as deemed necessary by
the County Coordinator; and
9.
Perform, or ensure the performance of, other duties and tasks necessary
to administer the municipality's emergency management program.
c.
Oversight of the Municipal Emergency Management Program. The Municipal
Emergency Management Coordinator shall lead the municipal emergency
management program and oversee the municipal Office of Emergency Management
in accordance with all relevant federal, state and local laws, regulations,
procedures and authorities, including State Director directives. The
Municipal Emergency Management Coordinator shall collaborate with
municipal agencies and other stakeholders to ensure the efficient
administration of the municipality's emergency management budget
to support the following responsibilities, duties and functions:
1.
Equipping, staffing, operating, and maintaining a primary municipal
emergency operations center, identifying an alternate site, and developing
the capability to conduct emergency operations virtually in the event
that the primary municipal emergency operations center is impaired
or inaccessible;
2.
Coordinating the preparation and periodic review of an approved municipal
emergency operations plan, as well as any appendices and plans in
support thereof, that reflects the municipality's hazards, risks,
capabilities and gaps;
3.
Conducting at least two meetings per year with the Local Emergency
Management Council in accordance with directives of the State Director,
and conduct other planning meetings as necessary, providing advance
notice to the County Office of Emergency Management;
4.
Pursuant to directives of the State Director, conducting and/or participating
in emergency management exercises and training;
5.
Acquiring, maintaining and deploying emergency management equipment;
6.
Developing, coordinating and activating mutual aid emergency management
plans;
7.
Activating emergency management facilities and services as are available
from the resources of the municipal government;
8.
Ensuring effective programmatic support for all functions within
the municipal EOP, including but not limited to:
(a)
Implementing a public information and alert and warning system
to disseminate timely and effective communications regarding incidents
or threats to public safety, and cooperating with the National Warning
System (NAWAS);
(b)
Facilitating public health and mass care services, including
but not limited to: emergency sheltering; points of distribution (PODs)
and bulk distribution of mass care and health supplies; mental health
support for individuals impacted by disasters and emergencies; reunification
and family assistance centers; and pandemic support;
(c)
Coordinating municipal sheltering and evacuation operations,
and supporting any county/regional/State sheltering and mass care
response activities for affected residents of the municipalities;
(d)
Implementing debris management and other public works programs
necessary to support the emergency management program;
(e)
Facilitating search and rescue operations in accordance with
directives issued by the State Director; and
(f)
Supporting damage assessments and recovery efforts.
9.
Supporting county and local plans to provide services for at-risk
individuals (N.J.S.A. App.A:9-43.18) during extreme weather conditions;
10.
When applicable, supporting the implementation of the relevant provisions
of the Emergency Planning and Community Right-to-Know Act (EPCRA)
and related State statutes, regulations and executive or administrative
orders, as well as guidance issued by the New Jersey State Emergency
Response Commission;
11.
Securing county, state and federal technical and financial assistance
as may be required for promoting and/or implementing the emergency
management functions within the municipality, and if the municipality
is an Emergency Management Agency Assistance (EMAA) funded agency,
satisfying all program goals, work plans and guidelines established
by the State for such funding;
12.
Supporting municipal hazard assessments and identifying critical
infrastructure;
13.
If applicable, developing, adopting and updating a hazard mitigation
plan and ancillary plans required to comply with federal and State
mitigation requirements;
14.
Interacting with the municipal, State, and federal government for
preparedness, response and recovery activities in connection with
the State's nuclear power plants as well as those of adjacent
states;
15.
Complying with all orders and directives of the State Director, applicable
policies and procedures of NJOEM; and relevant guidance and orders
of the county office of emergency management in which the municipality
is located.
16.
Performing all such other functions and undertaking any action necessary
to support the municipality's emergency management program.
