Township of Howell, NJ Article VI Departments

§ 2-32 Department of Law.

[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.

§ 2-33 Department of Finance.

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.

(5) Returned check fee. For all checks payable to the Township of Howell and returned to the Township without payment, there shall be a bookkeeping and administrative charge as set forth in Chapter 139, Fees.[1]

[1] Editor's Note: Specific fee amounts were removed from this subsection in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current returned check fees, see Ch. 139, Art. XVIII, Licenses and Permits (Miscellaneous), § 139-59.

§ 2-34 Department of Public Works.

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.

[6] Fees for the following shall be as set forth in Chapter 139, Fees:

[a] Lighted fields at the Township recreational facilities.

[b] Recreation building.

[c] Adult recreation programs.

[d] Tiny tot program.

[e] Registration fees for recreation.

[f] Echo Lake Pavilion.

[2] Editor's Note: This ordinance also redesignated former Subsections J and K as Subsections K and L, respectively.

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.

[3] Editor's Note: Subsection 2-6.3b, Paragraphs 1 through 3, were previously codified as Section 2-30, subsections 2-30.1 through 2-30.3 of the Revised General Ordinances of the Township of Howell.

§ 2-35 Department of Community Development and Land Use.

[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:

(1) Division of Engineering.

(2) Division of Land Use and Planning.

(3) Division of Uniform Construction Code.

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.

[2] Editor's Note: See Ch. 188, Land Use.

(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.

(3) Within the Division of Uniform Construction Code, there shall be the following subcode officials:

(a) Building Subcode Official;

(b) Plumbing Subcode Official;

(c) Electric Subcode Official;

(d) Fire Protection Subcode Official.

(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.

§ 2-36 Police Department.

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:

(a) Police evidence technician.

(b) Executive police secretary/confidential secretary.

(c) Records clerk/senior records clerk.

(d) Crossing guard.

(e) Traffic enforcement officer.

(f) Dispatcher/senior dispatcher.

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.

(6) Nothing contained herein shall abrogate the rights of the Chief of Police under N.J.S.A. 40A:14-118.[2]

[2] Editor's Note: Former Subsection D(7), Corporal, which immediately followed, was repealed 6-13-2016 by Ord. No. O-16-12.

§ 2-37 (Reserved) [1]

[1] Editor's Note: Former § 2-37, Department of Recreation, as amended, was repealed 1-3-2012 by Ord. No. O-11-49.

§ 2-38 Office of Sewer and Water Utilities.

[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.

§ 2-39 (Reserved) [1]

[1] Editor’s Note: Former § 2-39, Department of Sewer and Water Utilities, was repealed 6-28-2011 by Ord. No. O-11-19.