[Amended 11-25-2008 by Ord. No. O-08-42]
There shall be a Township Attorney. The Township
Attorney shall serve as the Director of the Department of Law.
A.
Appointment. The Township Attorney shall be recommended
by the Township Manager and appointed by the Township Council and
shall serve in this position until his/her successor has been appointed
and qualified. The Township Attorney shall be an attorney at law licensed
to practice law in the State of New Jersey. The Township Attorney
shall be paid a fixed salary in accordance with the most recent Howell
Township Salary Ordinance. The Township Attorney shall have at least
five years' experience in all facets of municipal law for consideration
of appointment.
B.
Duties. The Attorney shall have all powers and duties
as are assigned by the Township Council and Township Manager and shall
perform such duties as are provided for the Office of Township Attorney
by law or general ordinances of the Township. The Attorney shall give
all legal counsel and advice when requested by the Township Manager
or Council and shall, in general, serve as the legal advisor to the
Manager and the Council on all matters of Township business.
C.
Records and papers. All papers, documents, memoranda,
reports and all other materials relating to the administration of
the legal duties of the Township Attorney shall remain the property
of the Township. Upon termination of the Township Attorney's services
with the Township, the Township Attorney shall forthwith surrender
to any successor all such property, together with a written consent
to substitution of any successor in all legal actions and proceedings
then pending to which the Township is a party.
There shall be a Department of Finance, the
head of which Department shall be the Director of Finance.
A.
Director of Finance. The Director of Finance shall
be the Chief Financial Officer of the Township who shall be appointed
by the Manager. The term of office for the Chief Financial Officer
shall be four years, which shall run from January 1 of the year in
which the Chief Financial Officer is appointed. The compensation for
the Chief Financial Officer shall be separately set forth in the Township
Salary Ordinance. The Chief Financial Officer shall be qualified pursuant
to N.J.S.A. 40A:9-140.10 et seq. and shall be qualified by training
and experience in Township budgeting, accounting, and finance. He/she
shall supervise the work of the Department and its divisions; be responsible
for the accounting, pre-auditing, control, receipt, custody and disbursement
of Township revenues and expenditures. The Director shall also be
responsible for all fiscal matters and financial policies of the Township.
The Chief Financial Officer shall be granted tenure of office after
serving in said office for a term of four consecutive years and then
subsequently reappointed as the Township's Chief Financial Officer
pursuant to N.J.S.A. 40A:9-140.8
B.
Division of Accounts and Control. Within the Department
of Finance there shall be a Division of Accounts and Control. Under
the supervision and Direction of the Director of Finance, the Division
shall:
(1)
Develop, maintain and enforce a uniform system of
accounts, including forms, standards and procedures for all departments
of the Township government. Any uniform system of accounts shall include
appropriate provision for such records and reports as may be prescribed
or approved by the Manager for the determination of the cost of performance
of each functional program or activity, measured in such work units
as may be appropriate thereto, and for such data, records and reports
as may be prescribed or approved by the Manager for the preparation
and execution of a budget for the expenditure of public funds for
capital purposes to give effect to general improvement programs.
(2)
Maintain and operate the Township's central bookkeeping
and accounting records according to sound accounting principles and
in accordance with the requirements of the Director of the State Division
of Local Government.
(3)
Audit all receipts and disbursements of the Township
government and of each of its departments and pre-audit all bills,
claims and demands against the Township, including payrolls, and require
each department head to certify that the materials, supplies or equipment
have been received and accepted as specified and that the services
have been duly rendered.
(4)
Control all expenditures to assure that budget appropriations
are not exceeded, and maintain such books and records as may be required
for the proper exercise of such budgetary control.
(5)
Review each proposed expenditure and commitment to
be made on behalf of any department for conformity with state law,
the Charter and ordinances of the Township, and authorize only such
expenditures and commitments as conform with all the requirements
of the Administrative Code.
(6)
Install, operate and maintain, a central payroll system
and all social security, pension and insurance records of all Township
personnel.
(7)
Devise, install and supervise a perpetual inventory
of unissued supplies of the Township and install an accounting system
whereby the status of such inventories will be maintained current;
supervise a physical inventory periodically; supervise the making
of inventory lists of furniture and equipment by every officer, department
or other agency having possession of Township-owned property; devise
a system of inventory records to account for all furniture and equipment
and supervise a periodic counting of such furniture and equipment.
(8)
Submit a monthly report of expenditures and balances
to the Manager.
C.
Division of Real Property Assessment.
(1)
Head of Division. The head of the Division of Real
Property Assessment shall be the Municipal Assessor, who shall be
appointed by the Council for a term of four years from the first day
of July next following his/her appointment. He/she shall prior to
appointment be qualified by training and experience in municipal taxation
and the valuation and assessment of property for the purpose of ad
valorem taxation. The Assessor shall hold a Tax Assessor certificate
as required by N.J.S.A. 40A:9-148.1. The Tax Assessor shall be granted
tenure in office pursuant to state statute.
(2)
Powers and duties of Assessor. The Municipal Tax Assessor
shall perform all functions, duties and services required by law and
regulations promulgated in connection therewith. The Assessor shall,
in addition to his/her regularly scheduled office hours, field work
and other responsibilities, be required to appear before the Monmouth
County Board of Taxation, Division of Taxation, New Jersey Tax Court
and such other courts and administrative agencies of competent jurisdiction
to defend all municipal assessment of property as certified upon the
tax rolls of the Township. In addition, the Assessor shall perform
the following duties:
(a)
Make assessments for benefits of local improvements
and taxation purposes and, for said purposes, exercise the powers
and duties as provided by law.
(b)
Maintain adequate assessment records of each separate
parcel of real property exempt and nonexempt in the Township.
(c)
Maintain a current Tax Map of the Township as prescribed,
and cause to be recorded thereon all changes in ownership or character
of real property assessed, employing for that purpose the services
of other departments of the Township.
D.
Division of Tax Collection.
(1)
Head of Division. The head of the Division of Tax
Collection shall be the Township Tax Collector, who shall be appointed
by the Manager for a term of four years, from the first day of January
next following the appointment, and who shall hereafter be certified
for appointment pursuant to N.J.S.A. 40A:9-141 through 40A:9-145.1
et seq. The Tax Collector may also be the Township Treasurer. The
Tax Collector shall be granted tenure in office pursuant to state
statute.
(2)
Powers and duties. The Tax Collector shall:
(a)
Receive and collect all monies assessed or raised
by taxation or assessment for any purpose. He/she may impose penalties
for delinquent payment for real estate taxes, pursuant to law.
(b)
Keep proper records and shall report to the Director
at least once a month all receipts and deposits made by him/her and
shall in such report account for all monies for which he/she is responsible.
(c)
Keep a current record of all tax title liens, advising
the Director of Finance promptly as such liens become subject to foreclosure
under the law.
(d)
Enforce the payment of delinquent taxes by the means
provided by law as soon as same become delinquent. Such enforcement
may include, but not limited to, the undertaking of any in rem foreclosure
and tax sale proceedings.
(e)
Certify searches for taxes and other liens on real
property as may be authorized by law. The Tax Collector shall charge
the fee permitted by law for said searches. However, the Council may
appoint, in lieu of the Township Tax Collector, any qualified person
to the position of Township Municipal Lien Searcher and Township Future
Assessment Search Official.
(f)
Within 60 days after the end of each calendar year,
or when otherwise required by the Director of Finance, make and furnish
a report setting forth all monies received by and distributed by the
Division and the purpose for which such disbursements were made for
the previous calendar year and, at the same time, provide a list of
delinquent taxpayers for the previous calendar year. Said report shall
be filed with the Director of Finance.
(g)
Perform such other duties as may be required or permitted
by state statute or this chapter.
E.
Division of Treasury. The head of the Division of
Treasury shall be the Treasurer. Unless and until the Manager shall
authorize the appointment of a separate Treasurer, the Director of
Finance shall serve as Treasurer, without additional compensation.
Whenever the Manager shall authorize the appointment of a separate
Treasurer, he/she shall be appointed by the Manager and, prior to
his/her appointment, shall be qualified by training and experience
in governmental accounting, budget operation and budget controls.
(1)
Powers and duties of the Treasurer. The Treasurer
shall have, perform and exercise all of the functions, powers and
duties as provided by general law and Township ordinances. The Treasurer
shall keep and maintain books and records of all financial transactions
of the Township in accordance with the standards and requirements
of the Division of Local Government Services in the Department of
Community Affairs of the State of New Jersey. The Treasurer shall
have custody of all public monies of the Township and shall make monthly
reports to the Director of Finance of all receipts, expenditures,
commitments and unexpended appropriations. All monies received from
any source by or in behalf of the Township or any department, board,
office or agency thereof, except as otherwise provided by Township
ordinance, shall be paid to the authorized public depository of the
Township within 48 hours of receipt to the credit of the proper account.
The Treasurer shall assist the Manager in the preparation of the annual
Township operating and capital budgets. The Treasurer shall keep the
Manager informed as to any federal, state, county or private aid projects
under which the Township may be eligible for receipt of funds.
(2)
Disbursements. Disbursements in payment of bills and demands shall be made by the Treasurer upon pre-audit and voucher of the Director of Finance, approved by the Manager; except that payments from the payroll account shall be made pursuant to Subsection E(3) below. Every payment shall be in the form of a check payable to the order of the person entitled to receive it, and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each check shall bear the signatures of the Manager or Deputy Manager or Mayor or Deputy Mayor and the Treasurer.
(3)
Payroll account. There shall be an account to be designated
the Township of Howell payroll account, and from time to time, the
Treasurer, upon receipt of a check or an amount due such payroll account,
shall deposit the same to the credit of the payroll account, charging
the appropriate budgetary accounts therewith. Disbursement from the
payroll account may be made by payroll checks signed by the Treasurer
alone or someone authorized by the Manager to act in the Treasurer's
stead upon pre-audit and voucher of the Director of Finance and approval
by the Manager of the entire payroll. In case of error or adjustment
in the payroll, the Treasurer shall, and it shall be his/her duty
to, make proper correction and appropriate record of such correction.
(4)
Travel expenses. Upon the adoption of a resolution
by the Township Council authorizing official travel expenses to be
paid to Township officials, officers or employees in the course of
their public duties, make any and all necessary payments in accordance
with the following procedure. In making advances to any individual
pursuant to this subsection, the following procedure shall govern:
(a)
A written request shall be prepared by the department
head, setting forth the department head requesting the advance, the
party to whom the advance is to be paid, the purpose and amount of
the advance.
(b)
The request shall be approved, in writing, by the
Manager and maintained on file in his/her office.
(c)
A voucher requesting the advance shall be attached
to the original request, on file in the office of the Manager, bearing
the signature of the appropriate department head requesting the advance
and the party to whom the advance is to be paid.
(d)
Following approval by the Manager, an advance check
shall be issued to the designated Township official, officer or employee.
(e)
Within 10 days of the completion of the authorized
travel, the department head from whose department the request originated
shall countersign the previously submitted voucher, submit a detailed
bill and require any necessary adjustment to be made as to the advance
payment to any officer or employee within his/her department, including
the repayment of any excess advance, under the supervision of the
Manager.
A.
There shall be a Department of Public Works, the head
of which shall be the Director who shall be appointed by the Township
Manager. The Director, also to be known as Municipal Superintendent
of Public Works, shall be qualified for the holding of such office
or position pursuant to N.J.S.A. 40A:9-154.5 through 40A:9-154.6h,
as amended and supplemented. The Director of Public Works shall be
vested with tenure of office after continuously holding the office,
position or employment as full-time Municipal Superintendent of Public
Works for five years or more pursuant to state statute.
B.
Continuation of Department. The Department of Public
Works, as heretofore established and/or governed by Subsection 2-6.3a,
Paragraphs 1 through 8, of Chapter II (Administration) of the Revised
General Ordinances of the Township of Howell, New Jersey,[1] is hereby continued to the extent that it is not inconsistent
with the Charter and this chapter.
[1]
Editor's Note: Subsection 2-6.3a, Paragraphs
1 through 8, were previously codified as Section 2-10A, Subsections
2-10A.1 through 2-10A.8, of the Revised General Ordinances of the
Township of Howell.
C.
The Department generally. There shall be a Department
of Public Works, the head of which shall be the Director. The Department
of Public Works through its Director shall have charge of the construction,
operation and maintenance of all public buildings, grounds, streets,
utilities and public works within the Township.
D.
Director of Public Works. The Director of Public Works
shall be appointed by the Township Manager. In the event of the absence
or disability of the Director of Public Works, the road foreman of
the Department of Public Works shall perform the duties of Director
until the return or replacement of the Director.
E.
Qualifications of the Director. The Public Works Director
shall meet the following qualifications: He or she shall hold a bachelor
of science degree in civil engineering with a minimum of two years'
experience and training to perform the duties of this office; or he
or she shall be the holder of a valid professional engineer's license
issued by the State of New Jersey; or he or she shall have a minimum
of five years' supervisory experience in the operation of all aspects
of a Department of Public Works like the one established herein.
F.
Duties of the Director. The Director of Public Works
shall:
(1)
Submit to the Township Manager recommendations for
budgetary appropriations for the ensuing year for operation of the
Department.
(2)
Set up and maintain adequate inventory and control
thereof of all materials and supplies required for the maintenance
and repair of all public works and facilities under his or her supervision.
(3)
Submit to the Township Manager upon request a report
of all work performed, services rendered and inspections made during
such time periods as may be specified by the Township Manager.
(4)
Control the care, use and disposition of motor vehicles
owned by the Township.
(5)
Supervise, manage and direct the activities of the
Department as are more fully set forth herein.
G.
Public utilities. The Department of Public Works shall
be responsible, under the supervision of the Director, for the repair
and maintenance of all Township-owned public utilities, including
water and sewers, and for the enforcement of all ordinances, rules
and regulations pertaining to the operation and use thereof.
H.
Streets and roads. The Department of Public Works
shall be responsible and, under the supervision of the Director, shall:
(1)
Maintain and repair all Township streets, bridges,
culverts and drains.
(2)
Construct and reconstruct streets, roads, bridges,
culverts and drains; treat road surfaces and resurface streets and
roads according to such standards and schedules as approved by the
Township Engineer.
(3)
Maintain all Township streets in a clean and safe
condition, free of obstructions and hazards, and remove snow and ice
therefrom as required.
(4)
Provide, operate, maintain or supervise facilities
for the collection and disposal of refuse and garbage at such times
and in such manner as may be authorized by Township ordinance.
(5)
Study problems of street traffic congestion and control
and streetlighting and recommend to the Township Engineer appropriate
plans for street improvements and use to satisfy traffic requirements.
(6)
Install, repair and maintain sheet traffic signs,
lines and markers and check for streetlight malfunction.
I.
Public property. The Department of Public Works shall
be responsible and, under the supervision of the Director, shall:
(1)
Operate, maintain and repair Township-owned buildings
and properties and provide custodial and janitorial services therefor.
(2)
Trim, plant, care for and preserve public parks, greens,
grounds and trees in the public way.
(3)
Maintain and repair playing fields and playgrounds
and recreational areas and facilities.
(4)
Operate, maintain and regulate in accordance with
the laws of the State of New Jersey and the ordinances of this Township
all public landfills.
(5)
Maintain all public parks, lakes, waterways, dams
and the like.
J.
Parks and park regulations and fees.
[Added 1-3-2012 by Ord. No. O-11-49[2]]
(1)
Purpose. It is the sense of the Township Council that the regulation
and supervision of the recreational areas within the Township would
be of direct benefit to the residents and would stimulate interest
in healthful recreational activities; and the Township Council has
reviewed proposed rules and regulations recommended by the Township
Council and the Director of Community Relations concerning the operation
and supervision of various parks and recreational areas.
(2)
Supervision. All Township parks and recreational areas shall be operated
and maintained under the supervision of the Department of Public Works,
subject to the supervision of the Director of Public Works and Township
Council.
(3)
Rules and regulations.
(a)
The Township Council has adopted rules and regulations for the
supervision, control, care, operation and maintenance of the recreational
parks and areas within the Township, which rules and regulations are
available for inspection at the office of the Township Clerk upon
request by any resident of the Township. In addition, the Department
of Public Works shall post pertinent excerpts of the rules and regulations,
including the penalties for violations thereof, at a conspicuous location
in any park area.
(b)
A copy of such rules and regulations shall be full and legal
proof of the existence of the rules and regulations and that all requirements
of law in relation to the adoption, publishing, posting and making
of the same, so as to make it legal and binding, have been complied
with, unless the contrary is shown.
(c)
The following rules and regulations are hereby established for
all the parks within the jurisdiction of the Township of Howell:
[1]
The park shall be opened from 8:00 a.m. to dusk, Monday through
Saturday, and 12:00 noon to dusk on Sunday.
[2]
The park shall only be opened for use by children of 12 years
of age or younger and their parents or adult supervisors.
[3]
Playground and beach ball activities will be permitted only
with adult supervision.
[4]
No alcoholic beverages shall be allowed in the park.
[5]
Violations of these regulations shall be punishable by a fine
not to exceed $2,000 and/or imprisonment not to exceed 10 days, or
both.
K.
Executive Assistant to Director of Public Works. There
is hereby created within the Department of Public Works the position
of Executive Assistant to the Director of Public Works.
(1)
Qualifications. The Executive Assistant to the Director
of Public Works shall have the following qualifications for the position:
(a)
He or she shall be a graduate of high school, shall
possess clerical and secretarial skills, bookkeeping skills and a
proficiency in mathematics.
(b)
A minimum of three years' experience in the operation
of all aspects of a Department of Public Works or the construction
industry.
(c)
A minimum of two years' experience in a position requiring
managerial or supervisory skills.
(d)
Good health and freedom from disabling physical and
mental defects which might impair the proper performance of the required
duties or which might endanger the health and safety of oneself or
others.
(2)
Duties. The duties of the Executive Assistant to the
Director of Public Works shall include but not be limited to the following:
(a)
Under the direction and supervision of the Director
of Public Works to supervise the office operations of the Public Works
Department, including supervision of other office personnel, contact,
interaction with and assistance of the public in response to telephone
calls or written correspondence.
(b)
Record maintenance, including but not limited to accounts,
payrolls, insurance forms, correspondence, vacation and sick leave
records for personnel, maintenance records of Township-owned vehicles
and equipment, inventory of materials and the like.
(c)
To assist the Director of Public Works in the screening
and notification of job applicants.
(d)
To assist in the preparation of operational assignments
for Department personnel.
(e)
Preparation of specifications for the letting of bids
and assistance in preparing and typing the annual budget for the Department
of Public Works.
(f)
Such other duties as shall periodically be assigned
by the Director of Public Works which are of the same nature as those
described herein.
L.
Recycling program. All of the duties of the Recycling
Program Coordinator shall be fulfilled by the Director of Public Works
pursuant to Subsection 2-6.3b, Paragraphs 1 through 3, of Chapter
II (Administration) of the Revised General Ordinances of the Township
of Howell, New Jersey,[3] which subsection is hereby continued to the extent that
it is not inconsistent with the Charter and this chapter.
(1)
Full-time position abolished. The full-time position
of Township Recycling Program Coordinator is hereby abolished.
(2)
Duties to be fulfilled by the Director of Public Works.
All of the duties of the Recycling Program Coordinator shall be fulfilled
by the Director of Public Works.
(3)
Powers; term; salary. The Director of Public Works
serving as the Township Recycling Program Coordinator shall have the
power to hire, with the consent of the Township Council, either full-
or part-time Assistant Recycling Program Coordinators as he/she shall
determine is needed. The terms of employment and salary shall be fixed
by the Township Council.
[Amended 3-16-2004 by Ord. No. O-04-13; 3-6-2007 by Ord. No.
O-07-7; 6-28-2011 by Ord. No. O-11-19]
A.
There
shall be a Department of Community Development And Land Use, the head
of which shall be the Director of Community Development and Land Use.
The Department of Community Development and Land Use shall consist
of the following divisions:
B.
Director
of Community Development and Land Use. The Director shall be appointed
by the Manager and shall supervise the work of the Department and
its divisions. The Director shall possess a bachelor's degree from
an accredited college or university and shall have the appropriate
experience.
(1)
Duties of the Director of Community Development and Land Use.
(a)
Assume full management responsibility for all Community Development
and Land Use Department services and activities, including comprehensive
review of the zoning code, processing of land use applications, and
coordinating code compliance; recommend and administer policies and
procedures.
(b)
Manage the development and implementation of the Community Development
and Land Use Department goals, objectives, policies, and priorities
for each division.
(c)
Establish, within Township policy, appropriate service and staffing
level; monitor and evaluate work methods and procedures; allocate
resources accordingly.
(d)
Plan, direct, and coordinate the Community Development and Land
Use Department's work plan; assign projects and programmatic areas
of responsibility; review and evaluate work methods and procedures,
meet with management staff to identify and resolve problems.
(e)
Assess and monitor workload, administrative, and support systems
and internal reporting relationships; identify opportunities for improvement;
direct and implement changes.
(f)
Select, train, motivate, and evaluate Community Development
and Land Use Department personnel; provide or coordinate staff training;
work with employees to correct deficiencies; implement discipline
and termination procedures.
(g)
Oversee and participate in the development and administration
of the Community Development and Land Use Department budget; review
funding needed for staffing, equipment, materials, and supplies; approve
expenditures and implement budgetary adjustments as appropriate and
necessary.
(h)
Review, prepare, and propose revisions to zoning ordinances
for review by Council; interact with community groups, citizens, and
businesses involved with zoning-related issues.
(i)
Assist, in concert with other departments, in the management
of economic development activities; develop strategies to assist in
business growth.
(j)
Review and process planning applications; ensure compliance
with appropriate laws, codes, regulations, and ordinances.
(k)
Develop, justify and forecast Community Development and Land
Use Department programs, policies, and activities; negotiate and resolve
sensitive and controversial issues.
(l)
Represent the Community Development and Land Use Department
to other Township departments, elected officials, and outside activities;
coordinate Community Development and Land Use Department activities
with those of other departments and outside agencies and organizations.
(m)
Interact with developers, contractors, and the public on construction
and land use issues, provide information on planning and zoning requirements.
(n)
Respond to and resolve difficult and sensitive citizen inquiries
and complaints.
(o)
Develop long- and short-term planning goals.
(p)
Oversee code enforcement program.
(q)
Perform related duties and responsibilities as required.
C.
Division of Engineering. There shall be within the Department of Community Development and Land Use a Division of Engineering, the head of which shall be the Township Engineer, who shall be appointed by the Township Manager and shall serve at the pleasure of the Township Manager. This Division shall be responsible for the Office of Sewer and Water Utilities as previously established and/or governed under Chapter 252, Sewer and Water. The Township Engineer shall receive such compensation as fixed by the Township Salary Ordinance.
(1)
The Township Engineer shall be a duly licensed professional engineer
of the State of New Jersey. The duties of the Township Engineer shall
be as heretofore established and/or governed under Subsection 2-6.4a3,
of Chapter II (Administration) of the Revised General Ordinances of
the Township of Howell, New Jersey[1] which is hereby continued to the extent that it is not
inconsistent with the Charter and this chapter. The Division shall:
(a)
Provide all staff engineering required by the Department of
Community Development and Land Use and other departments, with the
assistance of such consultants as may from time to time be authorized.
(b)
Prepare, maintain and preserve maps, charts and records of roads,
utilities, public buildings and structures and all public facilities
owned or operated by the municipalities.
(c)
Prepare, review and approve specifications for public works
contracts, supervise and inspect the execution of such contracts and
certify satisfactory completion of work to authorize progress payments
pursuant to contract.
(d)
Inspect and approve all installations made in accordance with
the requirements of the Planning Board prior to the acceptance of
any street or the release of any security related to a subdivision
approval. The Planning Board shall not act on any subdivision application
unless and until the findings and recommendations of the Division
of Engineering have been submitted to the Board and made part of the
public record. Responsible for ensuring that all development projects
are constructed in conformity with the municipal ordinances and the
Land Use Board's approvals. Handle all administrative aspects of development
projects including compliance with approvals, developer's agreements,
performance guarantees, utility approvals, reductions and releases.
(e)
Maintain the Tax Map for the Division of Assessments in a current
status and promptly record thereon all changes of ownership from information
provided pursuant to law.
(f)
Oversee the administrative functions of the Sewer and Water
Utility which owns and maintains portions of the wastewater collection
system in the Township.
[1]
Editor's Note: Subsection 2-6.4a3 was previously codified
as Subsection 2-10.2 of the Revised General Ordinances of the Township
of Howell.
(2)
All papers, documents, memoranda, reports and other materials relating
to the administration of the Division of Engineering shall be and
remain the property of the Township. Upon termination of the engineer's
services with the Township, the Township Engineer shall forthwith
surrender all such property to any successor.
(3)
The employment of a Township Engineer shall not preclude the Township
from hiring consulting engineers as may be necessary in accordance
with the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
(4)
Duties of the Township Engineer. The Engineer shall perform the duties
prescribed by the Revised Statutes of the State of New Jersey and
ordinances of the Township of Howell and shall:
(a)
Prepare or cause to be prepared plans, designs, specifications, reports,
investigations and cost estimates for all capital improvements and
public works undertaken by the Township.
(b)
Provide and maintain surveys, maps, plans, specifications and control
records with respect to all capital improvements, public works, facilities
and lands owned and operated by the Township.
(c)
Provide technical and engineering advice and assistance to the Planning
Board and to such other Township agencies as may be required.
(d)
Review proposed sketch plats, minor, preliminary and final subdivision
maps and site plans for conformity with the Land Use Regulations[2] of the Township of Howell and the Revised Statutes of
the State of New Jersey and advise the Planning Board as to such matters.
(e)
If required, serve as Planning Board Engineer and attend all regular
meetings as notified by the Secretary of the Planning Board or provide
for the attendance at such meetings by a qualified assistant to the
Township Engineer.
(f)
Inspect and approve all installations and improvements made in accordance
with the requirements of the Planning Board prior to the acceptance
of any street or other improvement or the release of any security
related to a subdivision or site plan approval.
(g)
Maintain the Tax Maps of the Township pursuant to law.
(h)
Perform such other duties as may be assigned by statute or other
ordinances of the Township.
(i)
Supervise the Division of Engineering, as hereinafter described
and prepare and submit to the Township Manager detailed reports of
all operations, budget information and such other information as from
time to time such requests are made.
(j)
Upon the termination of service to the Township, surrender all
papers, documents, memoranda, reports and other materials relating
to the administration of his or her engineering duties.
(5)
Lake Restoration and Wildlife Management Committee.
(a)
Creation. There is hereby created in the Township of Howell
a Lake Restoration and Wildlife Management Committee within the Division
of Engineering for the maintenance and management of Township-owned
lakes, ponds and wildlife habitat within the Township.
(b)
Purpose. The governing body finds that there is a need to establish
a committee to deal with the maintenance and management of Township-owned
lakes, ponds and the wildlife habitat existing within the Township.
Due to the acquisition of large tracts of contiguous lands by the
Township, consideration has to be given to the surface waters that
exist within them and the wildlife that are dependent upon them for
their survival. It is recognized that this interrelationship can only
be maintained in a healthy state by monitoring these two activities
so that they complement each other.
(c)
Definitions. The word "shall" means mandatory. The word "may"
means permissive. "Committee" shall mean the Lake Restoration and
Wildlife Management Committee unless it is prefixed by the name of
an existing committee or commission.
(d)
Members and terms of members. There shall be seven members and
three alternate members of the Lake Restoration and Wildlife Management
Committee, each of whom shall be appointed by the Township Council
to serve for a term of five years commencing January 1, 2000, except
that for the purpose of the initial appointment, the term of one member
shall expire on December 31, 2000, the term of one member shall expire
on December 31, 2001, the term of one member shall expire on December
31, 2002, the term of one member shall expire on December 31, 2003,
the term of one member shall expire on December 31, 2004, and the
term of one member shall expire on December 31, 2005. The Chair of
this Committee shall be appointed by the Township Council.
[Amended 3-7-2017 by Ord.
No. O-17-02]
(e)
Duties. Duties of the Lake Restoration and Wildlife Management
Committee shall be as follows:
[1]
To survey and study the present condition of any body of surface
water that is being considered for restoration by the Township and
to prepare a written report of its findings for the submission to
the Council, Township Engineer, Environmental Commission and Recreation
Advisory Board.
[2]
To prepare, in conjunction with the Township Engineer, a cost
analysis of any restoration work contemplated, for review and approval
by Council.
[3]
To recommend to Council the initial conceptual design for any
contemplated restoration projects which shall then be forwarded to
the Township Engineer for review and preparation of the final design
which shall be subject to the review of the Committee prior to being
sent to Council for approval and being sent out to bid.
[4]
To see that any finished restoration project will provide areas
that are conducive to maintaining a healthy wildlife population as
well as providing opportunities for the residents of Howell to observe
and enjoy the natural environment.
[5]
To recommend wildlife management policies to the Council for
approval and implementation regarding Township-owned property that
would be beneficial to both transitory and native wildlife populations.
These policies shall include both game and nongame species and may
be patterned after management policies that are used by the New Jersey
Division of Game and Wildlife.
[6]
To institute wildlife habitat management practices on Township-owned
property in such a manner so that they will afford the residents of
Howell the opportunity to view wildlife in their natural state while
still affording optimum sources of food and cover for their survival.
[7]
To prohibit controlled burns on Township-owned property without
first ascertaining what relationship exists between herbaceous plants
that exist on the site and their food value to both the avian and
quadruped populations that reside or forage within the area being
considered for a controlled burn.
(f)
Assistance. The Lake Restoration and Wildlife Management Committee
may receive from all Township officials, offices and departments such
assistance as may be necessary to aid the Committee in the performance
of its duties. All such assistance shall be arranged through the Township
Manager or Deputy Manager.
(6)
Within the Division of Engineering, there shall be an Environmental
Commission,[3] the head of which shall be the Chair of the Environmental
Commission. The Environmental Commission as heretofore established
and/or governed under Subsection 2-6.4c, Paragraphs 1 through 12,
of Chapter II (Administration) of the Revised General Ordinances of
the Township of Howell, New Jersey,[4] is hereby continued to the extent that it is not inconsistent
with the Charter and this chapter. The members of the Commission shall
be appointed by the Mayor.
(a)
Creation. The Township Environmental Commission is hereby established
pursuant to N.J.S.A. 40:56A-1 to 40:56A-5.
(b)
Definition. "Commission" shall mean the Township Environmental
Commission.
(c)
Members. The Commission shall consist of seven members appointed
by the Mayor, one of whom shall also be a member of the Township Planning
Board and all of whom shall be Township residents; the terms of office
of the first Commissioners shall be for one, two or three years, to
be designated by the Mayor in making appointments, and their successors
shall be appointed for terms of three years and until the appointment
and qualification of their successors. 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.
The members shall serve without compensation.
(d)
Powers of Commission. The Commission is established for the
protection, development or use of natural resources, including water
resources, located within the territorial limits of the Township.
In order to carry out these purposes, the Commission shall have the
following powers:
[1]
Promoting the conservation and development of the natural resources
of the Township.
[2]
Planning, implementing and informing the public about local
conservation programs.
[3]
Conducting research into the possible use of the open areas
of the Township.
[4]
Recommending to the Planning Board plans and programs for inclusion
in a Township Master Plan and the development and use of such open
areas.
[5]
Advertising, preparing, printing and distributing books, maps,
charts, plans and pamphlets which in its judgment it deems necessary
for its purposes.
[6]
Managing donated or purchased lands for conservation purposes
and operating conservation programs.
[7]
Acting as the coordinating agency for the community on conservation
matters and a liaison between local conservation needs and regional,
county, state and federal agencies administering to those needs.
[8]
Keeping an index of all open areas publicly or privately owned,
including open marsh lands, swamps and other wetlands, in order to
obtain information on the proper use of such areas.
(e)
Acquisitions by the Commission. The Commission may, subject
to the approval of the Township Council, acquire property, both real
and personal, in the name of the Township by gift, purchase, grant,
bequest, devise or lease for any of its purposes, including but not
limited to use as living museums, sites for scientific study, areas
for teaching of natural history and conservation, place of historic
or prehistoric interest and scientific beauty and habitat for rare
and endangered plants and animals, 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 revisions) as may be necessary to acquire, maintain, improve, protect
or limit the future use or otherwise conserve and properly utilize
open spaces and other lands and water areas within the Township.
(f)
Exclusive control of acquired lands; rules and regulations.
The Commission shall, subject to the approval of the Township Council,
have exclusive control of lands acquired for the purpose hereinabove
stated and may adopt suitable rules and regulations for the use thereof
and the conduct of all persons while on or using the same.
(g)
Records and annual reports. The Commission shall keep records
of its meetings and activities and shall make an annual report on
or before December 1 and submit the report to the Township Council
which report shall be comprehensive and detailed governing operations,
receipts, disbursements and expenditures for the full year.
(h)
Organization. The Mayor shall designate one of the members of
the Commission to serve as its Chair and presiding officer. The Commission
is hereby authorized to adopt bylaws in order to govern its procedural
operation.
(i)
Removal of Commissioners. The Mayor may remove any member or
alternate member of the Commission for cause, on written charges served
upon the member and after a hearing thereon at which time the member
or alternate member shall be entitled to be heard in person or by
counsel.
(j)
Appropriations. The Township Council shall annually fix, determine
and appropriate a sum sufficient for the care, custody, policing and
maintenance of such lands acquired for the uses and purposes herein
stated for the expense of the Commission which shall be raised by
taxation in the same manner as other taxes.
(k)
Appointment of clerks and office employees. The Commission may
appoint a secretary, clerks and other employees, including but not
limited to, custodians or supervisors of lands, professionals and
consultants, as it may from time to time require and as shall be within
the limits of any funds appropriated to it.
(l)
Review of environmental impact reports. All reasonable costs incurred by the Commission in reviewing environmental impact reports referred to it by the Township Planning Board pursuant to § 188-6C of the Code of the Township of Howell, shall be paid for by the applicant seeking approval before the Planning Board from amounts deposited with the Township to cover the cost of reviewing such application.
[3]
Editor's Note: The Environmental Commission was formerly known
as the Conservation Commission and was created 8-9-1971 by Ord. No. O-71-12.
[4]
Editor's Note: Subsection 2-6.4c, Paragraphs 1 through 12,
were previously codified as Subsections 2-3.1 through 2-3.12 of the
Revised General Ordinances of the Township of Howell.
D.
Division of Land Use and Planning. There shall be within the Department of Community Development and Land Use a Division of Land Use and Planning, the head of which shall be the Land Use Officer of the Township of Howell who shall also be known as the Administrative Officer under Chapter 188, Land Use, of the Code of the Township of Howell.
(1)
The Division shall be responsible for the coordination of applications
between the Planning Board and the Board of Adjustment. The Division
shall maintain materials for all those persons within the Township
who seek Board review of subdivisions, site plans or any other reviews
as are entrusted to the Planning Board by law.
(2)
The Land Use Officer will coordinate and supervise the employees
of the Planning Board and the Board of Adjustment and will determine
which Board has jurisdiction to hear the application.
(3)
The Land Use Officer is responsible for reviewing applications for
zoning permits and the granting or denying of such permits in accordance
with the zoning ordinances of the Township of Howell.
(4)
Code Enforcement Officers perform various types of field and office
work involved in ensuring that residences, places of business and
citizens comply with various municipal ordinances (other than the
State Sanitary Code or State Uniform Construction Code or any of its
subcodes). Code Enforcement Officers shall be responsible for the
enforcement of the regulatory ordinances of the Township, including
but not limited to land use and zoning, and shall make such inspections
of property and perform such investigations as may be necessary for
the enforcement thereof. Code Enforcement Officers shall be authorized
to issue a summons in the name of the Township for a violation of
any ordinance pertaining to land use, zoning or other regulatory ordinances
and shall testify on behalf of the Township in litigated matters as
requested by the Town Manager.
(5)
Within the Division there shall be a Planning Coordinator who shall
also serve as the Administrative Assistant to the Township Planning
Board. The qualifications and duties of the Planning Coordinator shall
be as heretofore established and/or governed under Subsection 2-6.4b4,
of Chapter II (Administration) of the Revised General Ordinances of
the Township of Howell, New Jersey,[5] as hereby continued to the extent that it is not inconsistent
with the Charter and this chapter.
[5]
Editor's Note: Subsection 2-6.4b4 was previously codified
as Subsection 2-10.3c of the Revised General Ordinances of the Township
of Howell.
(6)
Within the Division there shall be an Administrative Assistant to
the Board of Adjustment of the Township of Howell who shall assist
the Land Use Officer in applications to the Zoning Board of Adjustment.
(7)
Farmers' Advisory Committee. Within the Division of Planning there
shall be the Farmers' Advisory Committee. The Farmers' Advisory Committee
as heretofore established and/or governed under Subsection 2-6.4b3(a)
through (c) of Chapter II (Administration) of the Revised General
Ordinances of the Township of Howell, New Jersey,[6] is hereby continued to the extent that it is not inconsistent
with the Charter and this chapter. The members of the Farmers' Advisory
Committee, notwithstanding anything to the contrary in prior ordinances,
shall be appointed by the Township Council.
(a)
Creation; appointment; term. There is hereby established a Farmer's
Advisory Committee comprised of seven regular members and two alternate
members approved by the Township of Howell. Each member shall be active
in a vocational or an avocational farm use activity. The regular members'
terms shall be as follows: three two-year terms; four three-year terms.
The alternate members' terms shall be as follows: one two-year term;
one three-year term.
(b)
Duties. The Farmers' Advisory Committee shall have the following
duties:
[1]
Establish an inventory of existing farm uses.
[2]
Provide an assessment of measures to aid the farming community.
[3]
Provide recommendations to the Township Council and other public
authorities as to the impact of development and planning changes on
the farming community.
[4]
Address to the Township Council and other public authorities
concerns of the farming community.
(c)
Definitions. For purposes of this Subsection D(7), "farm use" is defined as follows: one that involves the raising or care of livestock, such livestock to be that normally considered farm animals, not to include household pets or animals or fowl considered exotic. A farm use also involves the growing of any type of plant, provided that at least a part of the cycle shall be unencumbered by a container and said plant form shall be grown in the ground. Plants growing in containers or greenhouses exclusively shall be considered a horticultural activity and not eligible for participation. Plant-related activities must provide a marketable crop; whereas, animal use may provide a service, such as boarding or stabling.
[6]
Editor's Note: Subsection 2-6.4b3(a) through (c) was previously
codified as Subsections 2-39.1 through 2-39.3 of the Revised General
Ordinances of the Township of Howell.
(8)
Planning Coordinator. There is hereby created within the Division
of Planning and Land Use the position of full-time Planning Coordinator.
(a)
Qualifications. The Planning Coordinator shall have the following
qualifications for the position:
[1]
Clerical and secretarial skills, including typing and shorthand
skills.
[2]
Successful completion of the course in Municipal Land Use Law
given by Rutgers, the State University, University Extension Division;
if an applicant for this position is otherwise qualified and has not
successfully completed the course, he or she shall satisfy this requirement
at the time the course is next offered by the State University.
[3]
A minimum of five years' experience in the field of civil engineering
or administrative assistance to a municipal or county planning board
so that an applicant for the position has a basic understanding of
the data set forth on subdivision plats, site plans and the like and
the ability to read and interpret same.
[4]
A minimum of two years' experience in a position requiring managerial
or supervisory skills.
(b)
Duties of the Planning Coordinator. The Planning Coordinator
shall act as the liaison between the Department of Community Development
and Land Use and those agencies, boards and committees of the Township
concerned with the planning and regulation of land use and development
so as to provide a reciprocal flow of information as to the status
of any land development or planning project. The Planning Coordinator
shall attend all meetings of the Howell Township Planning Board and,
if required by the Township Engineer, meetings of other agencies,
boards and committees of the Township concerned with the planning
and regulation of land use and development. The Planning Coordinator
may hold other positions within the Township.
(9)
Zoning Officer. There is hereby created within the Division of Planning
and Land Use the position of Zoning Officer.
(a)
General job description.
[1]
Examine working plans of proposed structures for compliance
with state, county and local land use ordinances.
[2]
Consult with architects, engineers, attorneys, prospective developers
and residents on compliance with zoning regulations.
[3]
Investigate all violations or alleged violations of Chapter 188, Land Use, and direct the establishment and maintenance of records and files of the same.
[4]
Initiate legal action against violations of Chapter 188, Land Use, and make court appearances as required.
[5]
Make necessary inspections to determine building locations or
uses are as shown on approved plans and are being constructed in compliance
with the Zoning Ordinance; assist in promulgation of zoning regulations.
[6]
Prepare reports as needed and as requested by department head
and Township Manager.
[7]
Perform other related work as required and assigned by department
head and Township Manager.
(b)
Qualifications. Persons with mental or physical disabilities
are eligible as long as they can perform the essential functions of
the job after reasonable accommodations are made for their known limitations.
If the accommodation cannot be made because it would cause the Township
undue hardship, such person may not be eligible. The Zoning Officer
shall have the following qualifications for the position:
[1]
Three years of experience in the preparation and revision of
building construction plans and specifications or in the full-time
inspection and enforcement of zoning and/or building construction
laws and regulations.
[2]
A thorough knowledge of the principles and municipal codes governing
zoning standards.
[3]
The ability to read, write, speak and communicate in English
sufficiently to perform the duties of the position. Communications
may include such forms as American sign language or braille.
[4]
Ability to analyze and interpret the local Zoning Ordinance
and other local ordinances that apply to buildings and state and county
laws, rules, regulations and policies applicable to zoning.
[5]
Ability to read building plans, plot plans and specifications.
[6]
Ability to prepare clear, sound, accurate and informative reports
containing findings, conclusions and recommendations.
[7]
Ability to recognize conditions that do not meet established
standards and enforce proper practices with firmness and tact.
[8]
Ability to establish and maintain effective working relationships
with associates and the general public.
[9]
A valid driver's license of the State of New Jersey.
(c)
Salary. Salary for the position of Zoning Officer shall be set
forth in the Township's Salary Ordinance.
(d)
Term. The Zoning Inspector shall serve at the pleasure of the
Township Manager.
(10)
Office of Code Enforcement Official created. There is hereby created
the Office of Code Enforcement Official, who shall be under the direction
and supervision of the Land Use Officer.
(a)
Powers and duties of Code Enforcement Official. The Code Enforcement
Official shall, under the supervision and direction of the Land Use
Officer, perform the following duties and responsibilities:
[1]
Develop, coordinate and implement the various code enforcement
activities and operations.
[2]
Conduct overall administrative activities related to the performance
of said activities.
[3]
Enforce the Township ordinances and codes, including, but limited
to, land use, trailer park/mobile home park, signs, swimming pools,
junkyard, commercial and industrial maintenance, litter and such other
codes and ordinances of the Township as do presently exist or which
may be enacted in the future, unless the duty to enforce such codes
or ordinances is specifically assigned to another office of the Township
or licensure or special qualifications are required pursuant to any
state statute.
[4]
Make investigations in furtherance of said activities and to
serve violation notices, make and process complaints for code violations
and make appearances before boards and commissions of the Township,
make court appearances and render testimony in the prosecution of
any such summons and complaints.
[5]
Where required, the enforcement official shall coordinate the
investigation and prosecution of any violation with the Monmouth County
Board of Health, Howell Township Police, Monmouth County Prosecutor,
State Attorney General and New Jersey Department of Environmental
Protection.
[6]
All related activities that may be required for the full implementation
of the basic duties.
(b)
Qualifications of Code Enforcement Official. The Code Enforcement
Official shall be an employee of the Township.
E.
Division of Uniform Construction Code.
(1)
There shall be within the Department of Community Development and
Land Use a Division of Uniform Construction Code, the head of which
shall be the Construction Official, who shall be appointed by the
Township Manager for a term of four years commencing the first day
of January of the year of appointment. The Division shall:
(a)
Control matters relating to the structure, organization and
procedures of municipal enforcing agencies; their relationships; the
structure, organization, and procedures of Boards of Appeal; the approval
of premanufactured construction; private enforcing agencies; and the
establishment of fees. The Township will enforce N.J.A.C. 5:23-1 et
seq., and all amendments and supplements thereto. The standards, rules
and regulations set forth in the code shall be and the same hereby
incorporated in this article by reference.
(b)
Undertake enforcement proceedings for all building, housing
and related codes; issue and administer permits issued thereby; and
review all site and construction plans as specified by state statute
or this chapter.
(c)
Inspect real property and improvements thereon under the Building,
Housing, Plumbing, Heating, Sanitation, Signs and Trailers, Property
Maintenance and Mobile Home Codes; supervise the demolition of condemned
buildings and the abatement of nuisances; and perform such further
duties prescribed by state statute or this chapter.
(2)
All personnel employed in the Division of Uniform Construction Code
shall be subject to the requirements and provisions of the applicable
ordinances of the Township.
(4)
Each official position created in Subsection E(3) above shall be filled by a person qualified for such position pursuant to N.J.A.C. 5:23-1 et seq., provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23-1 et seq. More than one such official position may be held by the same person, provided that such person is qualified pursuant to N.J.A.C. 5:23-1 et seq. In addition, the Division shall be responsible for the issuance of continued certificates of occupancy.
There shall be a Police Department under the
Township Manager's supervision and direction, the commander of which
shall be the Chief of Police, who shall be appointed by the Township
Manager and who shall be the executive officer of the Department and
responsible for its daily operations. The Township Manager shall be
constituted as the appropriate authority of the Township Police Department,
and he/she shall adopt such rules and regulations and such policy
orders and directions as are necessary for the governance of the Department
and for its personnel, consistent with the provisions of this section.
The appropriate authority shall confer regularly with the Chief of
Police and with the Township Council as to police operations, and
he/she shall affirmatively assure that the Chief at all times is not
impaired from exercising his/her statutory authority and responsibility
pursuant to N.J.S.A. 40A:14-118 over the proper and efficient operations
of the Department and supervision of its activities.
A.
The Department generally. The Police Department as
heretofore established is hereby continued to the extent that it is
not inconsistent with the Township Charter and this chapter.
(1)
Creation. Pursuant to the powers vested in the Township
by the state statutes, there is hereby established the Howell Township
Police Department.
(2)
Duties. The Police Department, as a unit, and each
of its members, are herewith charged with the duty to protect and
to promote the safety and welfare of the Township and its inhabitants,
to protect and preserve the rights of all persons, to maintain law
and order, to protect public and private property, prevent insurrection
and riot, enforce the laws of the United States, the State of New
Jersey, and all ordinances, codes and laws of the Township, and to
apprehend, arrest and appear in prosecution of all violators of such
laws. All police officers of the Department are hereby authorized
to serve all writs, summonses, and other processes of the Municipal
Court.
(3)
The members of the Department shall be defined as
all law enforcement personnel and civilian personnel assigned to the
Police Department. All members of the Department shall be governed
by this section, by the rules and regulations adopted for the Department
and by such policies, orders and directives applicable to the Police
Department and its personnel.
B.
Appropriate authority.
(1)
The Township Manager shall have and exercise the statutory
authorities and duties of the appropriate authority as required by
N.J.S.A. 40A:14-118.
(2)
The Township Manager shall issue such orders and give
such instructions as he/she may deem necessary and proper from time
to time in the operation, administration and management of the Police
Department.
(3)
The Township Manager shall, in the event of an emergency
declared by the Chief of Police or by other authorized public official,
provide for the temporary employment of such persons as he/she may
deem necessary to meet the emergency, after consultation with the
Chief of Police; provided, however, that persons so temporarily employed
shall not, by reason of their employment, become permanent members
of the Police Department; and provided, further, that persons so employed
may be disciplined and/or discharged from such employment by the Township
Manager as below provided.
(4)
The Township Manager shall inspect the time sheets
submitted by the Chief of Police and, if the same be found correct,
he/she shall endorse his/her approval thereon and deliver such time
sheets to the Township Clerk and the Payroll Department in order that
proper warrants for payment may be issued.
(5)
The Township Manager shall adopt and promulgate rules
and regulations for the government and organization of the police
force and for the discipline of its members, and special emergency
directives. When the command levels of the Department are affected
by personnel changes, the Township Manager is expressly authorized
to adopt such temporary emergency directives as may be necessary to
provide for an organizational restructuring of the Police Department.
Prior to implementation of such directives, the Chief of Police shall
advise the Township Manager of restructuring recommendations. After
a reasonable period of temporary implementation, the Rules and Regulations
of the Department shall be amended to embody an organizational structure
deemed optimally suited for the Department. Nothing herein shall impair
the appropriate authority's statutory right to provide for the structure
of the Department.
[Amended 7-21-2003 by Ord. No. O-03-26]
(6)
The Township Manager shall confer with the Mayor and
Council in matters relating to the operations of the Police Department
and shall from time to time issue such reports as deemed appropriate.
(7)
The Township Manager or his/her designee shall act
as hearing officer with respect to disciplinary charges and written
complaints filed pursuant to N.J.S.A. 40A:14-147, and/or charges issued
under Police Department rules, and he/she shall issue a determination
imposing the appropriate discipline.
C.
Departmental personnel.
(1)
The Chief of Police shall have and exercise the following
authority and shall perform the following duties:
(a)
The Chief of Police shall serve as the executive officer
of the Police Department and shall command the personnel assigned
to it.
(b)
The Chief of Police shall report to the Township Manager
on all matters of interest connected with the Police Department, and
he/she shall furnish the Township Manager such detailed and special
information as the Township Manager may from time to time require.
(c)
The Chief of Police shall instruct and direct all
members of the Police Department, to include police officers and all
other uniformed and civilian personnel assigned to the Police Department,
with respect to their duties; he/she shall require that all duties
be properly performed and that all department rules and regulations,
general orders, special orders and other directives be strictly obeyed
and complied with; and he/she shall generally maintain a high degree
of efficiency on the part of the Police Department.
(d)
The Chief of Police shall provide for the supervision,
observation and evaluation of personnel assigned to the Police Department,
and he/she shall provide for such instruction, direction and training
to improve their performance.
(e)
The Chief of Police shall have charge of all Police
Department property and shall tend to the repair and maintenance of
all such property and equipment so that the same shall at all times
be in proper condition for effective use; provided, however, that
the expenditures of money for the maintenance and repair of such property
shall first be authorized by the Township Manager.
(f)
The Chief of Police shall receive and have the custody
of lost personal property delivered to the Police Department; he/she
shall have also the custody of personal property stolen or wrongfully
taken and thereafter recovered, and he/she shall take proper measures
for the purpose of returning all such property to the owner or owners
thereof.
(g)
The Chief of Police shall verify and sign time sheets
for the appropriate pay period showing the names of such personnel
within the Police Department who rendered services to the Township
during the period covered by such payroll, showing also the dates
and times when such services were performed, which time sheets he/she
shall deliver to the Township Manager.
(h)
The Chief of Police shall, by virtue of his/her office,
at all times be vested with all the authority and duty of a police
officer.
(i)
The Chief of Police shall keep him/herself informed
at all times with respect to conditions in the Township affecting
the public safety and good order.
(j)
The Chief of Police shall from time to time, establish
orders consistent with his/her assigned responsibilities and shall
cause same to be promulgated and executed. The Chief of Police shall
also have the power to supplement the same from time to time by issuing
such orders as are necessary to make the same effective. A copy of
such order shall be submitted to the Township Manager prior to implementation
except in the event of an emergency.
(k)
The Chief of Police shall enforce all of the laws
of the state and the ordinances of the Township, undertaking the appropriate
action in connection with same. It shall be his/her duty to take cognizance
of any and all neglect of duty, disobedience of orders, and other
offenses on the part of personnel under his/her command and to issue
formal written disciplinary charges whenever any such are warranted.
To this end, the Chief of Police shall cause to be investigated any
such offense and, where appropriate, shall submit a written report
to the Township Manager.
(l)
For proper cause, the Chief of Police may suspend
from duty any subordinate subject to the rules and regulations of
the Department. The Chief of Police shall present to the Township
Manager, without unnecessary delay, a written report setting forth
the reasons for suspending a member of the Department.
[Amended 7-21-2003 by Ord. No. O-03-26]
(m)
The Chief of Police shall maintain personnel files
of the subordinate personnel of the Department, and shall submit such
documents as to constitute the contents of a personnel file to the
Township Manager.
(n)
The Chief of Police shall devote his/her energies
and plan his/her activities for the health, welfare, safety, and general
well being of the citizens and residents of the Township. The Chief
of Police shall stimulate in the members of the Police Department
a concern for the well-being of all of the people and property in
the Township and an appreciation and respect for the rights and liberties
of all persons. The Chief of Police shall constantly require the members
of the Police Department to strive for the highest degree of excellence
and quality of law enforcement services rendered by them.
(o)
The Chief of Police shall, whenever his/her judgment
deems necessary or advisable, assign any one or more special police
officers to the performance of active police duties, or to other assigned
details, and shall direct their activities through the chain of command.
(p)
The Chief of Police shall be the supervisory head
of any bureau or division that exists or may be formed within the
Police Department. The Chief of Police may designate a member of the
Police Department to be the officer in charge of any bureau or division
when he/she deems it necessary or advisable for the efficient operation
of the same.
(2)
Captain. Any person appointed to the position of Captain
in the Department shall have served as a Lieutenant for at least one
year prior to his/her appointment as Captain.
(3)
Lieutenant. Any person appointed as Lieutenant in
the Department shall have served as a Sergeant for at least one year
prior to his/her appointment as Lieutenant.
(4)
Sergeant. Any person appointed to the position of
Sergeant shall have all qualifications required for a patrolman except
that in addition thereto he/she shall have served as a patrolman for
60 months in any state, county or municipal Police Department.
(5)
Appointments. All appointments to the Police Department
and promotions within the Department shall be made by the Township
Manager, after considering the written recommendations of the Chief
of Police. All appointments and promotions shall be for an initial
probationary period of one year. If, at the end of this one-year period,
the candidate is reappointed by the Township Manager, the reappointment
shall be for an indefinite term. No person appointed or promoted to
any office in the Police Department for a probationary period shall
thereby possess or acquire any right or status of tenure of office,
and every such probationary employment shall be subject to termination,
at any time during the probationary period, at the pleasure of the
appointee or of the Township Manager, and with or without cause; and
upon the termination of the probationary period of employment by reason
of the termination thereof or by reasons of prior termination at the
instance of the appointee or of the Township Manager the appointee
shall forthwith return to Township (unless the appointee, upon the
expiration of the probationary period, shall be appointed to the contemplated
office for an indefinite term) all uniforms, badges, and equipment
received by him/her for use in connection with his/her probationary
employment, and the Township shall pay over to him/her the proportionate
part of the current installment of salary that is earned by him/her
in the course of such probationary employment. Whenever a probationary
period of employment is fully served by an appointee to the satisfaction
of the Township Manager and the appointee is duly appointed to the
contemplated office for an indefinite term, the time during which
such appointee serves under the probationary appointment shall constitute
a part of his/her length of service in the office to which he/she
is appointed and if such probationary appointee is not appointed to
the contemplated office, the time during which he/she serves under
the probationary appointment shall constitute part of his/her length
of service in the office held by him/her at the time of his probationary
appointment, provided that he/she was a member of the Police Department.
[Amended 7-21-2003 by Ord. No. O-03-26]
(a)
Qualifications for appointment. No person shall be
appointed a member of the Police Department unless he/she possesses
the requisite qualifications prescribed by the applicable statutes
of New Jersey and the entrance requirements as promulgated herein
and unless:
[1]
He/she is a citizen of the United States.
[2]
He/she has complied with all residence requirements
prescribed by state law.
[3]
He/she is sound in body and of good health sufficient
to satisfy the Board of Trustees of the Police Retirement System of
New Jersey that he/she is eligible to enter the retirement system.
[4]
He/she is able to read, write and speak the
English language well and intelligently.
[5]
He/she is of good moral character.
[6]
He/she is 18 years of age or older and under
the age of 35 years.
[Amended 5-6-2014 by Ord. No. O-14-04; 6-13-2016 by Ord. No. O-16-12]
[7]
He/she is physically and mentally sound and
emotionally stable, and possesses the necessary ability to understand
and obey orders and to perform the duties required of a member of
the Police Department to the satisfaction of the appropriate authority.
[8]
He/she has served as probationary patrolman
for one year or any extension thereof as prescribed by ordinance.
(b)
[1]Educational requirement. All applicants for initial appointment
to the Township Police Department shall:
[1]
Be a high school graduate or the holder of an
equivalent degree thereof recognized by the New Jersey State Department
of Education; and
[2]
Have an associates degree from an accredited
college or junior college or the holder of an equivalent degree thereof
recognized by the New Jersey Department of Education; or
[Amended 5-6-2014 by Ord. No. O-14-04]
[3]
Have at least 65 college credits and is actively working toward a
bachelor’s degree. “Actively working toward” shall
mean having earned 20 or more credits within the last 18 months prior
to submission of the application or employment; or
[Added 6-13-2016 by Ord.
No. O-16-12]
[4]
Have at least two years of active military service; or
[Added 6-13-2016 by Ord.
No. O-16-12]
[5]
Have at least 30 college credits from an accredited college or university,
and have at least 12 months of active military service with an honorable
discharge. Two or more years of Reserve or National Guard time does
not meet this requirement unless the applicant was on active duty
for at least 24 months.
[Added 6-13-2016 by Ord.
No. O-16-12]
[1]
Editor's Note: Former Subsection C(5)(b), residential classification,
was repealed 5-6-2014 by Ord. No. O-14-04. This ordinance also redesignated
former Subsection C(5)(c) through (e) as Subsection C(5)(b) through
(d), respectively.
(c)
All applicants desiring to be placed upon the Township prospective employment list which will be established in accordance with the classification set forth in Subsection C(5)(b) above shall first deliver to the Township proof of compliance with the education requirements set forth in this subsection.
(d)
Disqualifications from appointment. No applicant shall
be considered for appointment to the Police Department who:
[1]
Lacks the established qualifications required
for the position for which he/she has applied or been tested;
[2]
Is physically, mentally or emotionally unfit
to perform effectively the duties of the position in which he/she
seeks employment;
[3]
Is addicted to the habitual use of drugs or
intoxicating liquors;
[4]
Has been convicted of any indictable offense
or who has been convicted of any crime or offense involving moral
turpitude;
[5]
Has been dismissed from any governmental service;
or
[6]
Has made false statements of a material fact
or practiced or attempted to practice any deception or fraud in his/her
application, in his/her test, or in securing his/her eligibility or
appointment.
(6)
Promotions. The Township Manager shall develop, in
consultation with the Police Chief, such written policies as shall
be necessary for the promotion of patrol officers and superior officers
through the respective higher ranks of office to and including the
position of Captain. The Township Manager shall proscribe the relevant
factors applicable to promotions which minimally shall include factors
relating to merit and fitness for duty. Within the factors relating
to merit, the promotional procedure shall include consideration of
a candidate's length of service.
(7)
Conduct. It shall be the duty of every member of the
Police Department to conduct him/herself at all times in a proper
and law abiding manner, and to avoid the use of unnecessary force.
As professional law enforcement officers, their deportment shall always
be such as will not bring discredit to the Department or the Township.
(8)
Rules and regulations. It shall be the duty of the
Township Manager and the Police Chief to promulgate the departmental
rules and regulations. The rules and regulations shall control the
administration of the department, and the conduct of its members in
addition to those general requirements herein set forth. Changes and
additions to the rules and regulations may be adopted as deemed necessary.
(9)
Mutual aid. This subsection is created pursuant to
N.J.S.A. 40A:14-156.1 and is adopted to authorize reciprocal intermunicipal
agreements with all municipalities participating in mutual aid compacts.
Pursuant to this agreement, the Township of Howell shall render assistance
to any participating municipality by providing members of the Howell
Township Police Department, upon request, to help preserve the public
peace and order. The municipality requesting assistance shall compensate
the officers at an agreed-upon rate by forwarding payment to the municipality,
which will then compensate those officers who rendered assistance.
In the event that a member of the Howell Township Police Department
is injured while rendering assistance to a participating municipality,
the municipality receiving assistance shall reimburse the municipality
rendering assistance for any and all expenses incurred as a result
of a worker's compensation claim filed by the injured officer. This
subsection is separate and distinct from any mutual aid agreements
previously entered into between Howell Township and any other municipalities
and shall remain in full force and effect until specifically repealed
by an affirmative act of the governing body.
(10)
Civilian positions. Within the Police Department there
shall be the following civilian offices and/or positions whose duties
shall be proscribed by the Township Manager:
D.
Organization.
(1)
The Police Department shall be under the policy direction
and supervision of the appropriate authority, and it shall be organized
in such manner and with such assignment of personnel by the Chief
of Police consistent with this section.
(2)
There shall be constituted within the Police Department
a Division of Operations and a Division of Administration, each such
Division headed by a Captain. Within the Division of Operations, there
shall be constituted a patrol function and a community services function,
which functions shall be staffed by police officers of those ranks
assigned by the Police Chief and as further supported by such civilian
members of the Department as appointed by the Township Manager and
assigned by the Police Chief, subject to the Manager's approval. Within
the Division of Administration there shall be constituted a detective
function, a records function and a communications function, which
functions shall be staffed by police officers of those ranks assigned
by the Police Chief and as further supported by such civilian members
of the Department as appointed by the Township Manager and assigned
by the Police Chief, subject to the approval of the Manager.
(3)
For the above purposes, the Township Council allocates
to the Department's table of organization the following staffing by
rank:
[Amended 7-22-2002 by Ord. No. O-02-28]
(a)
Chief of Police.
(b)
Captains: not to exceed three.
[Amended 7-21-2003 by Ord. No. O-03-26]
(c)
Lieutenants: not to exceed eight.
[Amended 10-18-2005 by Ord. No. O-05-39; 11-14-2022 by Ord. No. O-22-70]
(d)
Sergeants: not to exceed 12.
[Amended 4-28-2009 by Ord. No. O-09-16]
(e)
Patrol officers: not to exceed 90.
(4)
The Township Manager shall be further authorized to appoint/hire
such special officers (Class I, Class II and Class III) in accordance
with hiring limits set forth in N.J.S.A. 40A:14-146.17 (the number
of Class I, Class II and Class III special police officers cannot
exceed 25% of the total number of regular and full-time police officers)
to be assigned by the Police Chief as deemed necessary, subject to
the approval of the Township Council pursuant to the appropriations
function.
[Amended 5-6-2014 by Ord.
No. O-14-04; 8-15-2017 by Ord. No. O-17-27]
(5)
The governing body of the Township shall at all times
have full power and authority in its sole discretion to amend or supplement
this subsection; to repeal any part or parts of this subsection; to
repeal this subsection in its entirety; provided, however, that in
the event that the governing body of the Township should, by reason
of economy, find it necessary to decrease the number of members of
the Police Department or of any rank thereof, it shall act pursuant
to the provisions of N.J.S.A. 40:11 to 40:11-12, inclusive.
[1]
Editor's Note: Former § 2-37, Department of Recreation,
as amended, was repealed 1-3-2012 by Ord. No. O-11-49.
[Added 6-28-2011 by Ord. No. O-11-19]
Within the Engineering Division of the Department of Community Development and Land Use, there shall be an Office of Sewer and Water Utilities, the head of which shall be the Township Engineer or other person as shall be appointed by the Township Manager. The Office of Sewer and Water Utilities, as heretofore established and/or governed under Chapter 252, Sewer and Water, of the Code of the Township of Howell is hereby continued to the extent that it is not inconsistent with the Charter and this chapter.
[1]
Editor’s Note: Former § 2-39, Department of
Sewer and Water Utilities, was repealed 6-28-2011 by Ord. No. O-11-19.
