[Amended by Ord. No. 97-7]
A. 
Chief executive and administrative officer. The Township Manager shall function as chief executive of the Township of Lower. He shall have administrative control of all departments set forth in this section.
B. 
Qualifications. The Township Manager shall be chosen by the Council solely on the basis of his experience and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in respect to the duties of his office. If the Township Manager is not then a resident of the Township, within 90 days of his appointment as Township Manager, he shall establish permanent residency within the Township and remain domiciled in the Township during his tenure; however, Council may, by resolution, at any time waive such residency requirement as permitted by N.J.S.A. 40:69A-92.
C. 
Term and removal. The Township Manager shall hold office for an indefinite term and may be removed by a majority vote of the Township Council. At least 30 days before such removal shall become effective, the Township Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The Township Manager may reply in writing and may request a public hearing, which shall be held not earlier than 20 days nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Township Council by majority vote of its members may adopt a final resolution of removal. By the preliminary resolution, the Township Council may suspend the Manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the preliminary resolution unless he is removed for good cause. For the purposes of this section, "good cause" shall mean conviction of a crime or offense involving moral turpitude, the violation of the provisions of N.J.S.A. 40:69A-163 through 40:69A-167, or the violation of any Code of Ethics[1] in effect within the Township.
[1]
Editor's Note: See Ch. 33, Ethics, Code of.
D. 
Powers and duties. The Township Manager shall:
(1) 
Be the chief executive and administrative official of the Township of Lower.
(2) 
Execute all laws and ordinances of the Township.
(3) 
Appoint and remove a Deputy Manager, if one be authorized by the Township Council, and all department heads and all other officers, subordinates, and assistants, except the Township Tax Assessor, for whose selection or removal no other method is provided herein, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the Township Council. The Manager may authorize the head of a department to appoint and remove subordinates in such department.
(4) 
Negotiate contracts for the Township subject to the approval of the Township Council, make recommendations concerning the nature and location of municipal improvements, and execute municipal improvements as determined by the Township Council.
(5) 
See that all terms and conditions imposed in favor of the Township or its inhabitants in any statute, public utility franchise or other contract are faithfully kept and performed, and upon knowledge of any violation call the same to the attention of the Township Council.
(6) 
Attend all meetings of the Township Council with the right to take part in the discussions, but without the right to vote.
(7) 
Recommend to the Township Council for adoption such measures as he may deem necessary or expedient, keep the Council advised of the financial condition of the Township, make reports to the Council as requested by it, and at least once a year make an annual report of his work for the benefit of the Council and the public.
(8) 
Investigate at any time the affairs of any officer or department of the Township.
(9) 
Perform such other duties as may be required by the Township Manager by ordinance or resolution.
(10) 
Be responsible to the Council for carrying out all policies established by it and for the proper administration of all affairs of the Township within the jurisdiction of the Council.
(11) 
Coordinate the activities of the offices set forth in § 3-9A.
E. 
Budget.
(1) 
The Township budget shall be prepared by the Township Manager. During the month of November in each year, he or she shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before him at public hearings, which shall be held during that month, on the various requests.
(2) 
On or before the 15th day of January, the Township Manager shall submit to Township Council his recommended budget together with such explanatory comment or statement as he may deem desirable. The budget shall be in such form as is required by law for municipal budgets, and shall in addition have appended thereto detailed analysis of the various items of expenditure and revenue.
F. 
Agenda.
(1) 
The Township Manager shall prepare the agenda for all Township meetings and then distribute the agenda to the Township Clerk. The Clerk shall then disseminate a copy to the Mayor, all Council members and the Township Solicitor. A copy of the complete agenda together with all ordinances, resolutions, correspondence and other memoranda shall be submitted no later than 6:00 p.m. on the fourth calendar day next preceding the scheduled meeting.
(2) 
The Township Clerk shall cause a copy of the agenda to be posted on the Township bulletin board and shall comply with all provisions of N.J.S.A. 10:4-6 et seq.
G. 
Personnel.
(1) 
The Township Manager shall maintain a centralized system of personnel files for all Township employees.
(2) 
The personnel files shall be under the control of the Township Manager, and no employee shall have access to same without his or her approval.
(3) 
Personnel files shall contain the following types of information: date of hire, pay history, job description, job history with Township, performance evaluations, record of disciplinary actions and commendations.
(4) 
The personnel files shall be confidential, and only the Township Manager and the Assistant Manager, if there be one, shall have access to same. Any person having access to said files, or any of them, shall maintain the confidentiality of said files.
[Added 12-2-2024 by Ord. No. 2024-16]
A. 
Appointment, qualifications. The Township Manager may appoint a Deputy Manager who shall be chosen solely based on executive and administrative qualifications, experience, and education. The Deputy Manager must substantially be able to perform all the duties and responsibilities listed on the job description maintained by the Township and must also substantially meet any and all applicable education and experience requirements.
B. 
Duties and responsibilities. The Deputy Manager shall assist the Township Manager in analyzing, reviewing, and suggesting revisions to municipal policies, procedures, resolutions, and ordinances to make local government more responsive to the needs of its residents; does other related duties as required. The Deputy Township Manager shall report directly to the Township Manager and, under the direction of the Township Manager, interact with Department heads, employees, residents, the business community, municipal boards and agencies, and Township Council. The Deputy Manager shall provide administrative and operational support to the Township Manager; assist with the formulation, implementation, review and control of policies, procedures, and regulations pertaining to the administration the day-to-day needs of the Township, and perform such other functions and duties as directed by the Township Manager. In the absence or disability of the Township Manager, when so designated by the Township Manager, the Deputy Township Manager shall serve as the Acting Township Manager with all the duties and powers afforded to the Township Manager.
C. 
Removal. The Deputy Manager shall serve at the pleasure of the Township Manager, and may be removed by the Township Manager pursuant to N.J.S.A. 40:69A-95(c).
D. 
Compensation. The compensation to the paid to the Deputy Township Manager shall be set by ordinance, by Council, within its annual Salary Ordinance, as amended from time to time.
A. 
Each department shall be headed by a director. The director shall be chosen solely on the basis of his executive and administrative ability. Each director shall be supervised by, and be immediately subordinate to, the Township Manager.
B. 
The Township shall consist of the following departments:
(1) 
Department of Revenue and Finance.
(a) 
Division of Tax Assessment.
(b) 
Division of Tax Collection.
(2) 
Department of Planning and Development.
(a) 
Division of Code Enforcement.
(3) 
Department of Parks and Recreation.
(4) 
Department of Public Works.
(5) 
Department of Public Safety.
C. 
Department directors.
(1) 
Appointment; term; compensation. The Township Manager shall appoint the directors of all departments. Their compensation shall be provided in the annual Salary Ordinance.
(2) 
Removal. The Township Manager may remove directors at will, subject only to civil service and procedures delineated in N.J.S.A. 40A:9-161.
(3) 
Powers and duties. The directors shall:
(a) 
When authorized by the Township Manager, appoint and remove subordinate officers and employees within their departments.
(b) 
Plan and supervise the work of the department.
(c) 
Report at least monthly to the Township Manager on the work of their department, in such form as the Township Manager shall specify.
(d) 
Authorize all purchase requisitions or provide for their authorization and certify the correctness and propriety of all payrolls and vouchers or provide for the certification.
(e) 
Perform such other duties as may be assigned by the Township Manager.
D. 
Employees.
(1) 
Each department, office and agency may have such positions as the council may authorize. Employees shall be appointed and may be removed pursuant to Charter and the Township's personnel rules and shall be paid in accordance with the annual Salary Ordinance. Employees shall be hired on the basis of their qualifications, past experience, and performance on the civil service test. Township residency, for non-police-depatrment applicants seeking employment, will be considered as a preferential factor where allowed by civil service. Nothing herein shall be construed to affect the residency requirement for the Police Department as noted in § 90-8 of the Lower Township Code.
[Amended 3-18-2019 by Ord. No. 2019-03]
(2) 
The Township shall maintain a Code of Ethics,[1] and all employees shall function within its parameters.
[1]
Editor's Note: See Ch. 33, Ethics, Code of.
[Amended by Ord. No. 89-15; 7-20-2009 by Ord. No. 2009-09[1]; 3-17-2025 by Ord. No. 2025-06]
A. 
The Department of Revenue and Finance shall be headed by a director, who shall also be the Chief Financial Officer of the Township.
B. 
The Department of Revenue and Finance shall perform all appropriate functions associated with:
(1) 
Budgetary accounting, fiscal control and reporting.
(2) 
Custody, investment and disbursement of Township monies.
(3) 
Purchasing and review of purchasing of all departments in conjunction with the Township Manager.
(4) 
Payroll.
(5) 
Data processing.
(6) 
Local public assistance.
(7) 
Such other duties as may be assigned by Township Manager.
C. 
Division of Tax Assessment.
(1) 
The Division of Tax Assessment shall be a component of the Department of Revenue and Finance and shall be directed by the Township Tax Assessor.
(2) 
The Division of Tax Assessment shall perform all appropriate functions associated with:
(a) 
Assessment of each separate parcel of real property within the confines of the Township.
(b) 
Maintenance of proper assessment records for all property assessed or exempted.
(3) 
Maintenance of a current Tax Map of the Township as a public record with all changes in ownership or character of the real property assessed or recorded thereon. For said purpose, the Assessor shall utilize the facilities of the Township Engineer as may be required.
(4) 
Such other duties as may be prescribed by statute.
D. 
Division of Tax Collection.
(1) 
The Division of Tax Collection shall be a component of the Department of Revenue and Finance and shall be directed by the Township Tax Collector.
(2) 
The Division of Tax Collection shall perform all appropriate functions associated with:
(a) 
Receipt and collection of all monies assessed or raised by taxation or assessment and other municipal charges as assigned.
(b) 
Maintenance of proper records.
(c) 
Issuance of a monthly report to the Township Manager accounting for all monies for which he or she is responsible.
(d) 
Maintenance of a current record of all tax title liens.
(e) 
Preparation of all tax searches as required.
(f) 
Such other duties as may be prescribed by statute.
(g) 
Such other duties as may be assigned by the Township Manager.
E. 
Qualified Purchasing Agent.
(1) 
"Qualified Purchasing Agent" shall mean a purchasing agent who is the holder of a qualified purchasing agent certificate issued pursuant to N.J.S.A. 40A:11-9.
(2) 
The Office of Qualified Purchasing Agent shall be a component of the Department of Revenue and Finance subject to the direction and control of the Chief Financial Officer of the Township.
(3) 
The Qualified Purchasing Agent shall be authorized, responsible and accountable as the Township's contracting agent for all purchasing activity for the Township and perform all appropriate functions associated therewith as more fully set forth in N.J.S.A. 40A:11-9 which shall include, without limitation, the following:
(a) 
Preparation of public advertising for bids and receipt of bids for the provision or performance of goods or services on behalf of the Township.
(b) 
Award of all contracts permitted under N.J.S.A. 40A:11-3 in the name of the Township, subject to the approval of the Township Council and Township Manager, where appropriate.
(c) 
Conducting any and all additional activities as may be necessary or appropriate for the purchasing function of the Township.
(4) 
The Qualified Purchasing Agent shall maintain all of the qualifications and shall have completed all of the training set forth in N.J.S.A. 40A:11-9.
[1]
Editor’s Note: This ordinance provided that until such time as Senate Bill S770 and Assembly Bill A1645 have been signed into law by the Governor and have taken effect in accordance with the terms and conditions set forth therein, the Qualified Purchasing Agent shall be considered the Purchasing Agent based upon and with all of the authority, duties and responsibilities contained in N.J.S.A. 40A:11-9.
A. 
The Department of Planning and Development shall be headed by the Township Planning Director.
B. 
The Department shall perform all appropriate functions associated with:
(1) 
Zoning enforcement.
(2) 
Processing of subdivision and site plan applications.
(3) 
Providing of staff assistance to the Township Planning Board and Zoning Board of Adjustment.
(4) 
Necessary updating of the Township Master Plan and Zoning Ordinance.
(5) 
Such other duties as may be assigned by the Township Manager.
(6) 
Providing staff assistance to the Planning Board, the Zoning Board of Adjustment, the Environmental Commission and any other appropriate Township boards or commissions.
(7) 
Such other duties as may be assigned by the Township Manager.
C. 
Division of Code Enforcement.
(1) 
The Division of Code Enforcement shall be a component of the Department of Planning and Development and shall be directed by the Township Construction Official.
(2) 
The Division of Code Enforcement shall employ or provide for a plumbing subcode official, an electrical subcode official and a fire subcode official.
(3) 
The Division of Code Enforcement shall perform all appropriate functions associated with:
(a) 
Providing inspection and enforcement of building, electrical, fire and plumbing codes.
A. 
The Department of Parks and Recreation shall be headed by a Director.
B. 
The Department of Parks and Recreation shall perform all appropriate functions associated with:
(1) 
Operation of public parks, playgrounds and playing fields.
(2) 
Operation of the Township recreation center.
(3) 
Structuring and administration of a comprehensive recreation and cultural program for Township residents of all ages.
(4) 
Such other duties as may be assigned by the Township Manager.
[Amended by Ord. No. 96-25]
A. 
The Department of Public Works shall be headed by a Director who shall be a certified public works manager or professional engineer.
B. 
The Department shall perform all appropriate functions associated with:
(1) 
Maintenance, construction and reconstruction of streets, roads, sewer, water supply, drainage and parking facilities.
(2) 
Maintenance of Township equipment and vehicles.
(3) 
Installation, repair and maintenance of traffic signals, signs, electrical equipment.
(4) 
Snow and ice control.
(5) 
Maintenance and repair of public buildings.
(6) 
Leaf removal.
(7) 
Maintenance of public parks, playgrounds and playing fields.
(8) 
Garbage, trash and refuse collection and disposal.
(9) 
Recycling.
(10) 
Such other duties as may be assigned by the Township Manager.
A. 
The Department of Public Safety shall be headed by a Director, who shall also be the Chief of Police.
B. 
The Director shall be responsible for the routine day-to-day operation of the Police Department. He shall:
(1) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
(2) 
Have, exercise and discharge the functions, powers and duties of the force.
(3) 
Prescribe the duties and assignments of all subordinates and other personnel.
(4) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision.
(5) 
Report at least monthly to the Township Manager in such form as shall be prescribed by the Township Manager on the operation of the force during the preceding month and make such other reports as may be requested by such authority.
C. 
The Department of Public Safety shall perform all appropriate functions associated with:
(1) 
The maintenance of peace and order within the jurisdictional limits of the Township.
(2) 
The suppression and eradication of crime in the Township.
(3) 
Protection of persons and property in the Township.
(4) 
Regulation of vehicular and pedestrian traffic.
(5) 
Removal of nuisances from streets and other public places.
(6) 
Enforcement of all state laws and Township ordinances.
[Amended by Ord. No. 2002-1]
A. 
Township Engineer. Council shall appoint a Township Engineer for a term of office not to exceed three years and shall enter into a written contract with the Township specifying the terms and costs of his services.
B. 
Township Auditor. The Township Council shall appoint a Township Auditor and shall enter into a written contract with the Township for the cost of his services.
A. 
The Director of Emergency Management shall be in charge of the Department of Civil Defense and Disaster Control for the Township.
B. 
The Director of Emergency Management shall be appointed by the Township Manager in accordance with N.J.S.A. App. A:9-40.1 and N.J.S.A. 40:69A-98.
C. 
The Director of Emergency Management shall coordinate his efforts with the Director of Public Safety and, where applicable under the law, shall work in conjunction with, and under the direction of, the Mayor.
D. 
The Director of Emergency Management shall maintain liaison with affiliated emergency services.
E. 
During time of emergency, the Director of Emergency Management shall exercise all duties imposed upon him by law.
[Added 8-2-2010 by Ord. No. 2010-07]
A. 
Establishment and creation. There is hereby established a Department of Fire Safety, which shall have all of the duties and authorities as set forth in this section and in Chapter 340 of the Township Code.
B. 
Local enforcement of code. Pursuant to N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Code shall be enforced in the Township of Lower by Fire Districts No. 1, No. 2 and No. 3.
C. 
Local enforcing agency designated. The Department of Fire Safety shall be responsible for enforcing the New Jersey Uniform Fire Code and shall be the local enforcing agency under the jurisdiction and control of the Fire Commissioners of the Township of Lower Fire Districts No. 1, No. 2 and No. 3 (hereinafter referred to as the "Commissioners").
D. 
Organization. A Fire Official shall be appointed, in accordance with Subsection E, who shall serve as the department head of the Department of Fire Safety and shall supervise the enforcement of the New Jersey Uniform Fire Code. The local enforcing agency shall be under the direct supervision and control of the Fire Official, who shall report to the Commissioners. The Commissioners shall raise such funds, if necessary, to support the operations of the local enforcing agency in a manner provided by law.
E. 
Appointment of Fire Official; term; inspectors; removal.
(1) 
Appointment of Fire Official. The Commissioners shall appoint a Fire Official, who shall be charged with the direct supervision and control of the local enforcing agency and shall be the department head of the Department of Fire Safety.
(2) 
Term of office. The Fire Official shall serve for a term of three years commencing January 1. Any vacancy shall be filled for the unexpired term.
(3) 
Appointment of inspectors and employees. The Commissioners shall appoint such inspectors as may be necessary to carry out all required inspection activity within the Township of Lower. Such inspectors shall be under the supervision and control of the Fire Official.
(4) 
Removal from office. The Fire Official, inspectors and other employees of the local enforcing agency shall be subject to removal by the Commissioners for inefficiency or misconduct. The Fire Official, each inspector or employee so removed from office shall be afforded an opportunity to be heard by the Commissioners or by a designated hearing officer.