[Adopted as Sec. 2:10 of the 1975 General
Ordinances; amended 3-12-1975; 4-9-1975; 6-25-1975; 8-13-1975; 9-24-1975; 11-11-1975; 11-26-1975; 12-11-1975; 11-24-1976; 4-26-1978; 7-25-1978; 5-5-1981; 7-28-1981; 11-10-1981; 12-28-1982; 4-8-1986; 10-27-1987; 2-14-1989; 3-14-1989; 8-8-1989; 5-8-1990; 12-22-1992; 4-12-1994; 5-24-1994; 7-27-1999; 5-9-2000]
A.
Independent boards and agencies provide important
governmental services in the Township. In the governmental framework
they are hybrids possessing features consistent with executive, legislative
and judicial branches. Each board is designed to function in areas
of particular expertise. Each board covers a limited area of knowledge
but becomes most specialized in its handling of its matters. Boards
are necessary and important elements in Burlington Township's government
which assist in bringing good services to the inhabitants of the community.
B.
Various Township independent boards and agencies have the right pursuant to the statute to appoint employees to carry out the functions of the board. Such employees hold positions within the Township governmental structure. All positions under a board or agency of the Township (Article VIII) shall be subject to the provisions of civil service laws except for the following:
(1)
Volunteer personnel and personnel appointed to serve
without compensation.
(2)
Consultants and counsel rendering temporary professional
service.
(3)
All positions set forth within the Boards article of this chapter (Article VIII) which are accompanied by a verbal statement concerning the appointment, qualifications and duties of the position; where only a position is listed without further verbal statement, the position is a civil service appointment and is more particularly described on a job title description prepared by the Department of Civil Service, said description being on file in the office of the Township Clerk and available for inspection.
(4)
All other offices or positions that are so classified
by state statute or by the Department of Personnel pursuant to N.J.A.C.
4:1-6.7.
A.
Creation. There shall be an Environmental Commission
in the Township of Burlington to perform such duties and functions
as prescribed by N.J.S.A. 40:56A-1 et seq., as amended.
B.
Membership. The Environmental Commission shall be
composed of seven members appointed by the Mayor of the Township of
Burlington. One member of the Commission shall also be a member of
the Planning Board; one member shall also be a member of the Township
governing body; and one member shall also be a member of the Recreation
Commission. The remaining four members of the Commission shall be
citizens at large, residents of the Township of Burlington. Members
shall serve without compensation and shall be appointed for a term
of three years except that those first appointed shall be for one,
two or three years to be designated by the Mayor in making the appointments
so that terms of approximately 1/3 of the members shall expire each
year. Their successors shall be appointed for terms of three years.
The Mayor or the governing body of the Township of Burlington may
remove any member of the Commission for cause upon written charges
served upon the member and after hearing thereon, at which time the
member shall be entitled to be heard in person or by counsel. A vacancy
on the Commission occurring otherwise than by expiration of a term
shall be filled for the unexpired term in the same manner as an original
appointment. All members must be residents of the Township of Burlington
and remain residents of the Township of Burlington during their term.
A member who, subsequent to his appointment, shall move from the Township
of Burlington shall immediately vacate and forfeit his membership
on the Environmental Commission, and until a subsequent appointment
is made by the Mayor, that post shall be deemed vacant.
C.
Powers. The Environmental Commission shall have the
power to conduct research into the use and possible use of the open
land areas of the municipality and may coordinate the activities of
unofficial bodies organized for similar purposes and may advertise,
prepare, print and distribute books, maps, charts, plans and pamphlets
which in its judgment it deems necessary for its purpose, subject
to appropriation by Council. The Environmental Commission shall keep
an index of all open areas publicly or privately owned, including
open marshlands, swamp and other wetlands, in order to obtain information
on the proper use of such areas and may from time to time recommend
to the Planning Board of the Township of Burlington plans and programs
for inclusion in a municipal master plan for the development and use
of such areas.
D.
Acquisitions. The Environmental Commission may, subject
to the approval of the governing body, acquire property, both real
and personal, in the name of the municipality by gift, purchase, grant,
bequest, devise or lease for any of its purposes and shall administer
the same for such purposes subject to the term of the conveyance or
gift. Such acquisition may be to acquire the fee or any lesser interest,
development right, easement (including conservation easement), covenant
or other contractual right (including a conveyance on conditions or
with limitations or reversions) as may be necessary to acquire, maintain,
improve, protect and limit the future use of or otherwise conserve
and properly utilize open spaces and other land and water areas in
the municipality.
E.
Records and annual reports. The Environmental Commission
shall keep records of its meetings and activities and shall make an
annual report to the governing body of the municipality. The Environmental
Commission shall meet on a regular basis at such time deemed desirable
and may provide for its own rules of organization with the exception
of the appointment of Chairman, which shall be by the Mayor.
F.
Appropriation. The Mayor and Council of the Township
of Burlington may appropriate funds for the expenses incurred by the
Environmental Commission. The Commission may appoint such clerks and
other employees as are provided for specifically by this chapter as
it may from time to time require and as shall be within the limit
of funds appropriated to it.
G.
Powers. The Environmental Commission shall have power
to study and make recommendations concerning open space preservation,
water resources management, air pollution control, solid waste management,
noise control, soil and landscape protection, environmental appearance,
marine resources and protection of flora and fauna.
H.
Natural resources index. Whenever the Environmental
Commission has, pursuant to its powers, prepared and submitted to
the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding. Where pursuant to other regulations contained
within the Code of the Township of Burlington applications are referred
to the Environmental Commission for its report, said report shall
be submitted within the approval time periods referred to within the
specific sections where an approval is sought, and nothing herein
contained shall be deemed to enlarge the time period for municipal
action on the application for development beyond those time limits
which have been fixed by statute.
A.
Creation. There is hereby established a Commission
on Aging for the Township of Burlington, which shall consist of 10
members who shall be appointed by the Mayor of the Township for a
term of four years each. Members shall serve after the expiration
of their terms until their respective successors shall be appointed
and shall qualify. Vacancies occurring other than by expiration of
term shall be filled in like manner but for the unexpired terms only.
The Commission shall elect one of its members as Chairperson, Vice
Chairperson, Treasurer and Secretary, and they shall serve as such
until the first day of January next following appointment and until
a successor shall be appointed and shall qualify. Vacancies in the
Chairperson, Vice Chairperson, Treasurer and Secretary shall be filled
in like manner for their unexpired term only. Members shall receive
no compensation for their services but shall be reimbursed for their
ordinary and necessary expenses incurred by them in the performance
of their duties, within budget limitations.
[Amended 2-26-2013 by Ord. No. 13-OR-007; 3-11-2014 by Ord. No.
14-OR-002]
B.
Council advisor. Annually the Mayor shall appoint
a member of Council to advise the Commission. The appointee may participate
in the activities of the Commission but shall have no vote in the
Commission's affairs.
C.
Powers and duties. The Commission shall have the following
powers and duties:
(1)
To conduct research through public hearings and other
means, operate demonstration programs, and conduct evaluation studies
in the problems of the aged.
(2)
To advise the Mayor and Council of the Township of
Burlington on the establishment of policies that will assist in the
resolution of the problems of the aged.
(3)
To confer with appropriate municipal, county, state,
federal and private agencies concerned with programs for the aged
for the purpose of improving the scope and efficiency of the services
rendered to the aged.
(4)
To contact any individual or public or private agency
for the purpose of securing such funds as may be deemed necessary
or convenient for the carrying out of its purposes.
(5)
To make, amend and rescind rules, regulations and
bylaws for its own government.
(6)
To prepare and submit annually by November 15, for
consideration by the Mayor and Council of the Township of Burlington,
a proposed budget for its activities.
(7)
To report upon its activities and recommendations
to the Mayor and Council of the Township of Burlington annually and
at such other times as the respective governing body shall request
or as the Commission shall deem advisable.
(8)
In case of a tie vote on any motion, the motion fails and the motion
can be introduced at a subsequent meeting.
[Added 3-11-2014 by Ord. No. 14-OR-002]
D.
Cooperation from other agencies. All municipal agencies
shall cooperate with the Commission in furnishing such reports and
information as the Commission shall deem necessary to carry out the
functions and purposes of this Commission.
E.
Fiscal regulations. The Mayor and Council of the Township
of Burlington shall have the power to approve the annual budget submitted
by the Commission in whole or in part or to modify the same, and the
budget as finally approved by the Mayor and Council shall constitute
the budget for the Commission for the budget year, and the amount
shown therein as revenue from the municipal sources shall constitute
the limitation of the governing body's contributions to the Commission
for said year.
[Amended 9-26-2006 by Ord. No. 06-OR-031[1]]
The Fire Commissioners shall establish a procedure
to annually elect nominees for appointment to the position of fire
policemen. The Commissioners shall appoint those qualified nominees
as fire policemen within the district and forward the names to the
Township Clerk for administration of the oath of public office. All
qualifications and powers and duties of the fire policemen shall be
as set forth in N.J.A.C. 15:8-4 et seq.
[1]
Editor's Note: This ordinance also repealed
former Sec. 2:10-6, Fire Department.
A.
Creation and membership. There is hereby created in
the Township of Burlington, pursuant to and in accordance with N.J.S.A.
40:12-1 et seq., a Board of Recreation Commissioners, consisting of
members, citizens and residents of the Township of Burlington.
(1)
Members. The Commission shall consist of seven members
appointed by the Mayor.
(2)
Initial appointment and compensation. The Commissioners
first appointed shall be appointed for terms of one, two, three, four
and five years, respectively, in such a manner that the term of at
least one Commissioner and not more than two Commissioners shall expire
in each year according to the number appointed as fixed by the Mayor.
All appointees shall serve until their successor is duly appointed
and qualified. All subsequent appointments after this initial appointment
shall be for the term of five years. Should any member resign, die
or be removed from office, or his office declared vacant in any manner
under law during such term, any appointment to the said office so
vacated shall be only for the unexpired portion of said term of appointment.
Members shall receive no compensation for their service.
(3)
Alternate members.
[Added 12-28-2004 by Ord. No. 04-OR-028]
(a)
There shall be two alternate members appointed
to the Board of Recreation Commissioners by the Mayor. Alternate members
shall be designated at the time of appointment as Alternate Number
1 and Alternate Number 2. The length of the terms of the alternate
members shall be the same as the length of the terms of the regular
members of the Board of Recreation Commissioners. Since two alternates
are initially being appointed, their terms shall be staggered by the
appointment of one of the alternates for an initial term that is a
year less than a regular term. A vacancy occurring otherwise than
by expiration of term shall be filled by the governing body for the
unexpired term only.
(b)
No alternate member shall be permitted to act
on any matter in which the alternate has either directly or indirectly
any personal or financial interests. An alternate member may, after
public hearing if he requests one, be removed by the governing body
for cause.
(c)
Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of the Board of Recreation Commissioners. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member. In the event that a choice must be made as
to which alternate member is to vote, Alternate Number 1 shall vote.
B.
Powers and duties.
[Amended 12-22-2015 by Ord. No. 2015-OR-034]
(1)
General. The powers and duties of the Board shall be those set forth
in N.J.S.A. 40:12-1 et seq. In addition thereto, the Township Council
may by resolution assign to the Board further powers, duties, supervision
or control with regards to any public parks and playgrounds acquired,
purchased or leased by the Township of Burlington under the provisions
of N.J.S.A. 40:61-1 et seq.
(2)
Powers.
(a)
Acquisition of land.
[1]
Powers and limitation. The said Board, with the approval of
the Mayor and Council of the Township of Burlington, may acquire lands
for public playgrounds and recreation places, by gift or purchase,
and shall from time to time select lands for public playgrounds and
recreation places and, when deemed necessary or advisable by such
Board, select lands for an approach or approaches by way of ingress
thereto and egress therefrom of such size and dimensions as it shall
think suitable, regard being had for the population of the neighborhood.
It shall in addition to the foregoing powers have, subject to the
approval of the Mayor and Clerk of the Township of Burlington, all
the powers which are granted to a Board of Recreation Commissioners
with respect to surveys, maps, estimates, acquisition of lands, and
suitably equipping of the same with buildings, stands, seats and other
structures and apparatus for such playgrounds and recreation purposes,
as provided as N.J.S.A. 40:12-3 and 40:12-4.
[2]
Title to property. The title or leases to all lands acquired
or taken under the provisions of N.J.S.A. 40:12-1 to 40:12-8 shall
vest in the Township of Burlington.
(b)
Improvement of land.
[1]
Purposes. The Board, with the approval of the Mayor of the Township
of Burlington, may cause any land acquired to be laid out and improved
as a public playground, recreation place or an approach thereto.
[2]
Funds for maintenance.
[a]
Recreation exhibitions. In order to provide the funds in whole
or in part necessary to improve, maintain and police the playgrounds
or recreation places under its control, the Board of Recreation Commissioners
may arrange and provide for the giving of outdoor exhibitions, concerts,
games and contests, and may use and employ such playgrounds or recreation
places for the purpose of giving thereon outdoor exhibitions, concerts,
games and contests. All monies collected shall be remitted to the
Township Treasurer.
(c)
Employees. Said Board may appoint one of its members to serve
as secretary for the Recreation Commission. In addition, the Board
may appoint a nonmember secretary or clerk and such member of custodians,
supervisors and assistants for the several playground and recreation
places as they think necessary, provided that the position is properly
created by this chapter and provided further that there is a sufficient
appropriation to allow for the appointments involved. The salaries
or other compensation for all such officers, custodians and assistants
shall be fixed and determined by the Mayor and Township Council in
the Salary Schedule of the Township.[1]
(d)
Rules and regulations; enforcement.
[1]
Power to make. The Board shall have full control of all lands,
playgrounds and recreation places acquired or leased under the provisions
of N.J.S.A. 40:12-1 to 40:12-8, and may adopt suitable rules, regulations
and bylaws for the use thereof and conduct of all persons while on
or using the same; and any person who shall violate any of such rules,
regulations or bylaws shall be deemed and adjudged to be a disorderly
person.
[2]
Police power. The custodians, supervisors and assistants appointed
by the said Board shall, while on duty and for the purpose of preserving
order and the observation of the rules, regulations and bylaws of
the said Board, have all powers and authority of police officers of
the Township of Burlington.
(3)
Duties.
(a)
Annual report on receipts, disbursements and expenditures. The
said Board shall make an annual report on or before the 15th day of
November in each year and submit the same to the Mayor and Council
of the Township of Burlington, which report shall contain a comprehensive
and detailed report concerning receipts, disbursements and expenditures
for the year.
(b)
Annual report on expected needs. On or before November 15 of each year, the Board shall notify the Mayor, in writing, of its recommended plans for the next year, the estimated cost thereof and the estimated cost of all of its operations for the ensuing year. This shall be in detail, and the Board shall make its requests and recommendations for the appropriations therefor. The Mayor and Council shall have the discretion and authority to approve or disapprove any or all of said recommendations, appropriating what they determine appropriate in the annual budget. The Mayor shall notify the Board, in writing, of the action taken with regards to the recommendations and appropriations requested. The Board, in its operations, shall not expend more money than has been appropriated in the budget. All such expenditures shall be submitted in accordance with § 20-24 of this chapter on vouchers drawn on the Township Treasury, after first being approved by the Board at a regular meeting. The approval shall be entered on the voucher and in the Board minutes.
C.
Township Council duties.
(1)
General. The Mayor and Council have the general duty
of supervising the budgetary requirements made by the Board of Recreation
Commissioners along with the review of all planned acquisitions of
land in accordance with the provisions of state statute. In addition,
certain administrative tasks are to be provided by the Mayor through
the office of the Township Administrator, including but not limited
to the furnishing of office and clerical help, as may be deemed necessary
by the Board of Recreation Commissioners.
(2)
Finances. The Mayor and Council of the Township of
Burlington shall annually fix, determine and appropriate a sum sufficient
for the care, custody, policing and maintenance of such playgrounds,
recreation places, public parks and other grounds under the authority
and responsibility of the Board of Recreation Commissioners and for
the expenses of the said Board, which shall be raised by taxation
in the same manner as other taxes. In making the yearly appropriations
to said Board, the Mayor and Council shall take into consideration
a tentative budget which shall have been submitted by the Board showing
the sum necessary for the care, custody, leasing, and maintenance
of playground and recreation places and the expenses of the Board
of Recreation Commissioners.
D.
Rules and regulations.
(1)
General. Pursuant to the authority granted above,
the Board of Recreation Commissioners has the power to adopt rules
of procedure to be utilized within the internal operations of the
Board and also to adopt rules and regulations which have the force
of law to cover conduct on the parks, playgrounds and recreation places
within the Township. These rules and regulations shall be set forth
in this section of this chapter.
(2)
Conduct of Board action. Said Recreation Commissioners
shall meet the month of January of each year to organize and choose
from among their members a President, Vice President and Secretary.
The terms of office of such officers shall expire at the regular January
meeting of each year. The President shall preside over meetings of
the Board, and in his or her absence, the Vice President shall preside.
The Secretary shall keep a record of meetings and actions taken or
authorized by the Board. A quorum of three members shall be required
for all meetings. The Board shall hold one regular meeting every other
month, the meeting dates to be designated at the January meeting each
year, together with such special meetings as the Board shall require.
All members, including the President, Vice President, and Secretary,
shall have a voice and vote in all proceedings and may initiate any
action by a motion or resolution.
[Amended 12-22-2020 by Ord. No. 2020-OR-028]
E.
Personnel.
(1)
Supervisor Parks/Supervisor Recreation Maintenance.
(2)
Clerk.
(3)
Lakes Manager.
(a)
Appointment. A Lakes Manager shall be appointed
annually by the Recreation Commission.
(b)
Qualification and term. The Lakes Manager shall
have such qualifications deemed necessary by the Recreation Commission
to perform the duties of the position and shall be appointed to the
temporary part-time position of Lakes Manager for the summer season
of the lakes program conducted by the Recreation Commission.
(c)
Residency. A Lakes Manager need not be a resident
of the Township of Burlington, although preference shall be given
to a resident.
(e)
Duties. The Lakes Manager shall have general
responsibility for the supervision of all personnel employed by the
Township to run the lakes program as a recreational facility for the
Township of Burlington and, in this connection, shall see that the
public lakes owned and operated by the Township of Burlington are
properly run in accordance with all rules and regulations promulgated
by the Recreation Commission. In addition, the Lakes Manager shall
have such other duties and perform such other services as are directed
by the Recreation Commission.
(4)
Head lifeguard.
(a)
Appointment. A head lifeguard shall be appointed
annually by the Recreation Commission.
(b)
Qualifications and term. The head lifeguard
shall possess such qualifications as are deemed necessary by the Recreation
Commission to perform the duties of head lifeguard. The position of
head lifeguard shall be a temporary position existing during the summer
lakes programming maintained by the Recreation Commission.
(c)
Residency. The head lifeguard need not be a
resident of the Township of Burlington; however, preference for employment
shall be given to residents.
(e)
Duties. The head lifeguard shall provide lifeguards
for the various public lakes owned and operated by the Township of
Burlington as public swimming facilities. The head lifeguard shall,
under the Lakes Manager, conduct such programs as will provide for
the safety of all persons who shall use the recreational facilities
involved, and in addition he shall perform such other duties as may
be assigned by the Lakes Manager.
(5)
Lifeguard.
(a)
Appointment. Lifeguards shall be annually appointed
by the Recreation Commission.
(b)
Qualifications and term. Persons appointed to
the position of lifeguard shall have such qualifications deemed necessary
by the Recreation Commission to perform the duties of lifeguard and
shall be temporarily employed during the summer season of the recreational
facilities operated by the Recreation Commission.
(c)
Residency. Persons employed as lifeguards need
not be residents of the Township of Burlington; however, preference
will be given to residents over nonresidents.
(e)
Duties. Lifeguards shall perform lifesaving
duties and in this connection shall be on duty to ensure that swimmers
in the lakes operated by the Township of Burlington conform to basic
safety requirements to ensure that such who may be using the facilities
and engaged in activities are safe. In this connection, lifeguards
shall from time to time be called upon to rescue and save swimmers
or other users of the facilities. In addition, lifeguards shall perform
such other duties as are assigned to them by the head life guard.
(6)
Concession gatekeeper.
(a)
Appointment. Concession gatekeepers shall be
appointed by the Recreation Commission of the Township of Burlington.
(b)
Qualifications and term. Concession gatekeepers
shall have such qualifications deemed necessary by the Recreation
Commission to carry on the duties as Concession gatekeepers and shall
be appointed to the temporary position of concession gatekeeper during
the time that the recreational facility involved is open.
(c)
Residency. Concession gatekeepers need not be
residents of the Township of Burlington; however, preference will
be given to Township residents over nonresidents.
(e)
Duties. Concession gatekeepers, under the direction
of the Lakes Manager, shall operate all concessions open to the public
within the recreational lake facilities maintained and operated by
the Recreation Commission. In this connection, they shall have the
duty to properly conduct the concessions in a manner consistent with
health regulations. In addition gatekeepers shall be responsible to
accept such sums and fees as are required of the users of the lakes
and to generally ensure that only authorized individuals are admitted
to the lake facilities in accordance with the rules and regulations
promulgated by the Board of Recreation Commissioners. In addition,
concession gatekeepers shall perform such other duties as may be assigned
to them by the Lakes Manager.[6]
(7)
Senior Recreation Maintenance Worker.
(8)
Recreation Maintenance Worker.
(9)
Laborer.
(10)
Recreation Officials.
(11)
Recreation Instructors.
A.
Creation. There is herewith created within the Township
of Burlington, County of Burlington and State of New Jersey an organization
to be known and designated as the "Burlington Township Health Advisory
Council."
B.
Membership and qualifications. The Council established
above shall consist of five members who shall be residents of the
Township of Burlington and who shall serve without compensation and,
by their experience and training, qualify to perform the duties more
particularly set forth within this chapter.
C.
Appointment and term. All members of the Council shall
be appointed by the Mayor of the Township of Burlington, and initially
two members shall be appointed for a term of two years, two members
shall be appointed for a term of one year and one member shall be
appointed for a term of three years. Thereafter, new appointees to
the Council shall be appointed for a term of three years, except as
provided below.
D.
Vacancies. Vacancies in the position of a member of
the Council shall be filled by the Mayor for the unexpired term of
the member replaced.
E.
Officers. The Council shall have the power to appoint
from among its members a President and a Secretary to carry on the
functions and duties of the Council.
F.
Meetings. The Council shall organize within 30 days
after the passage of this chapter and thereafter shall annually reorganize
during the month of January. During these reorganization meetings,
the Mayor shall preside until such time as the Council shall select
from among its members a President and a Secretary. The Council shall
hold regular meetings at the call of the Chairman at a place, date
and hour selected by the Council. Special meetings shall be held in
accordance with the Open Public Meetings Act, at the request of the
Mayor or upon the written request of a majority of the membership
of the Council, at such a time, date and location as is set forth
within the call or request of a meeting.
G.
Duties. The Council appointed above shall have the
following described duties:
(1)
Adoption of rules and regulations. The Council shall
have the power to adopt rules and regulations governing the conduct
of its affairs and the specific duties given to it by this chapter,
provided that said rules and regulations are not inconsistent with
this chapter or the general power herein conferred.
(2)
Advisory duties. The Council shall at its meetings
undertake to investigate within the community conditions inimical
to the health, safety and welfare of the community and to make such
recommendations to the Mayor as are appropriate to:
(a)
Secure the sanitary conditions of every building,
public and private, within the community.
(b)
Secure the abatement by prohibition of nuisances
as they are defined under N.J.S.A. 26:3-45 through 26:3-63.
(c)
Protect public water supply and prevent the
pollution of any stream, water or well and water which is used for
domestic purposes and to prevent the use of, or to close, a well the
water of which is polluted or detrimental to the public health.
(d)
Regulate, control and prohibit the accumulation
of all and any decaying vegetable substance.
(e)
Regulate the location, construction, maintenance
method of emptying and cleaning, and the frequency of cleaning of
any privy or other place used for the reception and storage of human
excrement and to prohibit the construction and maintenance of any
privy or other such place until a license therefor shall have been
issued by the appropriate issuing authority.
(f)
Regulate, control and prohibit the cleaning
of any sewer, the dumping of garbage, the filling of any sunken lot
or marshland and to provide for the filling of any such lot or land
which has become filled with stagnant water and is located in any
built-up area.
(g)
Aid in the enforcement of laws as to the adulteration
of all kinds of food and drink, and prevent the sale or exposure for
sale of any meat or vegetable that is unwholesome or unfit for human
consumption.
(h)
Advise on the holding annually of a rabies clinic
within the Township of Burlington in order to prevent the spread of
rabies within the community.
(3)
Reports. The Council shall at such times as are requested
by the Mayor and/or the Township Council make such oral or written
reports as are appropriate within the areas of function listed above
in order that appropriate policies may be enacted by the administration
or the Council in order to effectuate public health, safety and welfare.
A.
Creation. There is hereby created within the Township
of Burlington a Board of Assessors to make all assessments for benefits
occurring from local improvements.
B.
Membership. The Board shall be composed of five members
who are residents of the Township of Burlington.
C.
Appointment and term. The Mayor shall annually appoint
the members of the Board of Assessors, who shall serve a term of one
year or until their successors are appointed and qualified.
D.
Compensation. At the conclusion of each assessment
project, the Board members shall receive such compensation as the
Council shall by resolution fix and determine.
E.
Duties. The Board shall make all local improvement
assessments and, in this connection, shall abide by the following
procedure:
(1)
Costs certified to Assessors; contents of statement;
contributions; total assessments. Upon the completion of any local
improvement, the Mayor thereof shall immediately notify the Board
and shall certify to the Board a statement showing in detail the cost
of the improvement, including therein the cost of advertising, financing
and inspection and the engineering expense, and also the cost of any
real estate or interest therein purchased or condemned for such improvement.
Such statement shall also show the proportion or amount of the whole
cost of the improvement, if any, paid or contributed by the municipality
or by the Board of Chosen Freeholders of the county in which the municipality
is situated, or by any person. The total amount of the assessment
levied upon the real estate benefited by the improvement shall not
exceed the cost thereof, less any such payment or contribution. If
the benefits so assessed shall not equal the cost less such contribution,
the balance shall be paid by the municipality.
(2)
Assessors to view improvement; notice of hearing.
The Board shall, when notified of its completion, examine the work
and view all lands and real estate upon the line and in the vicinity
thereof benefited thereby and shall thereupon fix a time and place
for hearing all persons interested. Notice of the time and place of
the hearing shall be mailed to the owners of all real estate affected,
directed to their last known post-office address, and shall be published
at least once in a newspaper circulating in the municipality at least
10 days before the hearing. The notices shall be mailed and published
by the Clerk of the municipality. Failure to mail any such notice
shall not invalidate any proceeding or assessment.
(3)
Hearing; quorum; amount of assessments determined.
The Board shall attend at the time and place appointed and shall give
all parties interested or affected by the improvement ample opportunity
to be heard upon the subject of the assessment. A majority of such
Board shall constitute a quorum for the transaction of business and
shall be sufficient to make any assessment. One member shall have
power to adjourn any hearing, and any hearing may be adjourned from
time to time. The Board shall have power to examine witnesses under
oath to be administered by any member of the Board, and they shall
thereupon make a just and equitable assessment of the benefits conferred
upon any real estate by reason of such improvement, having due regard
to the rights and interests of all persons concerned as well as to
the value of the real estate benefitted.
(4)
Assessments proportionate to benefits; not to exceed
benefits. All assessments levied for any local improvement shall in
each case be as nearly as may be in proportion to and not in excess
of the peculiar benefit, advantage or increase in value which the
respective lots and parcels of real estate shall be deemed to receive
by reason of such improvement.
(5)
Incidental damages; amount determined and deducted;
damages exceeding benefits; appeals. In addition to the making of
assessments for the benefits, the Board or a majority of the Board
shall also at the same time fix and determine the amount, if any,
that any property is damaged incidentally to the making of the improvement,
but exclusive of damages for real estate taken, and the amount of
such incidental damages accruing to any real estate shall be deducted
from the amount of any benefits assessed thereon. If the amount of
any such damages, as confirmed by the Council, shall exceed the benefits
assessed upon the same real estate, or in case no benefits shall accrue
thereto, the balance or the amount of such damages as so fixed may
be raised as provided by law and shall be paid by the municipality
to the owner of the real estate so damaged. Any person aggrieved by
any such assessment or award of damages may, after the same has been
confirmed by the Council with or without alteration, appeal therefrom
as provided by law.
(6)
Incidental damages; award tendered; payment into court
in certain cases. When the owners of any property have been or shall
have been awarded damages as incidental to any improvement, as distinguished
from damages for land taken, and such award has been or shall have
been duly confirmed, the amount thereof shall be tendered to the person
or persons entitled thereto. If there is uncertainty as to the person
entitled to receive the award or if the party entitled to receive
the amount awarded shall refuse upon tender thereof to receive the
same, or shall be out of the state or under legal disability, or if
several parties interested in the fund shall not agree as to the distribution
thereof, or the lands damaged are encumbered by any mortgage, judgment
or other lien, or if for any other reason the municipality cannot
safely pay the amount awarded to any person, in all such cases the
amount awarded may, with leave of the Superior Court, be paid into
said Court, and shall there be distributed according to law on the
application of any person interested therein.
(7)
Report of Assessors; hearing; final report; confirmation;
appeal.
(a)
Assessments for benefits for local improvement,
together with any accompanying awards for incidental damages for real
estate or interests therein taken for any improvements, shall be certified
by the Board to the Council by a report in writing signed by a majority
of the Board. The report shall be accompanied by a map showing the
real estate taken, damaged or benefited by the improvement and for
which damages or benefits have been assessed.
(b)
The report may be considered by the Council
at any meeting thereof, of which at least two weeks' previous notice
shall have been given by the Municipal Clerk, posted in five public
places in the municipality or published in a newspaper circulating
therein once each week for two weeks prior to the meeting, as the
Council may direct, and also by mailing a copy of the notice to the
owner or owners named in the report, directed to his or their last
known post-office addresses, and the affidavit of said Clerk shall
be conclusive as to such mailing. The notice shall briefly state the
object of the meeting with reference to the assessment. At that or
any subsequent meeting, the Council after considering the report and
map may adopt and confirm the same with or without alterations as
to it may seem proper and may refer the matter to any committee of
its own body or to the Board for revision or correction before taking
final action upon it.
(c)
When the report shall be adopted and confirmed
with or without alterations it shall be final and conclusive, and
appeals may be taken as hereinafter provided by law.
(d)
Failure to mail the notice in this section required
shall not invalidate the proceedings.
(8)
Duty of collector; books and records. Immediately
after the confirmation of any assessment, a duplicate thereof duly
certified by the clerk of the body confirming the same shall be delivered
to the Tax Collector. The assessment shall be payable immediately
upon delivery to the Tax Collector, who shall immediately after delivery
to him send out by mail or deliver to the owners of such real estate
bills for such assessment. The Collector shall enter the date and
amount of each payment on his duplicate in the proper column opposite
the item of the assessment on account of which payment is made and
also enter the same in a proper cash book as a credit to the taxpayer
and shall also enter therein a designation of the property on which
the tax was paid, the total amount of the assessment and the interest
and penalty charged. Such cash book shall be provided by the Collector
at the expense of the municipality and shall be its property and be
open at all reasonable times to public inspection. Council may make
additional regulations for recording, accounting for and collecting
assessments.
(9)
Interest on unpaid assessments. When any assessment
shall not be paid within two months after the date of confirmation
thereof, interest from the date of confirmation shall be imposed at
the same rate as may be imposed upon unpaid taxes in the municipality.
(10)
Assessment a lien; informalities not to invalidate
proceedings. Every assessment for local improvements together with
interest thereon and all costs and charges connected therewith shall,
upon confirmation by the Council, be a first lien upon the real estate
described in the assessment, paramount to all prior or subsequent
alienations and descents of such real estate or encumbrances thereon,
except subsequent taxes or assessments, notwithstanding any mistake
in the name or names of any owner or owners or any omission to name
any owner or owners who are unknown, and notwithstanding any lack
of form therein or in any proceeding which does not impair the substantial
rights of the owner or owners or other person or persons having a
lien upon or interest in any such real estate. All assessments for
local improvements shall be presumed to have been regularly assessed
and confirmed, and every assessment or proceeding preliminary thereto
shall be presumed to have been regularly made or conducted until the
contrary be shown.
(11)
Payment in installment; collection; assessment a lien.
(a)
The Council may by resolution provide that the
owner of any real estate upon which any assessment for any improvement
shall have been made may pay such assessments in such equal yearly
installments, not exceeding 10, with legal interest thereon, and at
such time in each year as the Council shall determine, but any person
assessed may pay the whole of any assessment or any balance of installments
with accrued interest thereon at one time. If any such installment
shall remain unpaid for 30 days after the time when the same shall
have become due, the whole assessment or balance due thereon shall
become and be immediately due, shall draw interest at the rate imposed
upon the arrearage of taxes in such municipality and be collected
in the same manner as is provided for other past-due assessments.
(b)
Whenever any owner shall be given the privilege
of paying any assessment in installments, such assessment shall remain
a lien upon the land described therein until same with all installments
and accrued interest thereon shall be paid, and no proceedings to
collect or enforce same need be taken until default shall be made
in the payment of any installment.
(12)
Municipality to pay excess over assessments; taxation
to meet excess; report to auditor.
(a)
Where the total amount of the assessments does
not equal the cost of an improvement, the difference between the cost
of the improvement and the amount of the assessment shall be paid
by the municipality and may be raised by taxation at large or paid
out of any funds of the municipality available for the purpose. It
shall not be necessary to raise the whole amount of such difference
in any one year, but the same may be raised by equal installments
to be fixed by the governing body. The entire amount to be raised
by the municipality shall be levied before the date when bonds issued
to secure the funds for the improvements fall due.
(b)
The financial officer of the municipality shall
one month before the time for passing the annual tax budget report
to the Council the cost of each improvement completed during the year,
the amount of the assessments levied therefor and the amount necessary
to be levied by general taxation.
(c)
The Collector, immediately upon receipt of an
assessment duplicate, shall report the amount thereof to the auditor.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
A.
Creation. There is hereby created a Township Improvement
Committee.
B.
Appointment, term and membership. Members of the Committee
shall be appointed by the Mayor annually from the officers and employees
of the Township to serve a one-year term in such numbers as the Mayor
deems appropriate.
C.
Compensation. Members shall receive no additional
compensation for Committee service.
D.
Duties. The Committee shall advise the Mayor on current
conditions in the Township and work toward coordinated activities
to provide efficient government to the inhabitants of Burlington Township.
E.
Council advisor. Annually the Mayor shall appoint
a member of Council to advise the Township Improvement Committee.
The appointee may participate in the activities of the Committee but
shall have no vote in the Committee's affairs.
A.
Creation. Pursuant to N.J.S.A. App. A:9-33 et seq.,
there is hereby created within the Township of Burlington a commission
to be known as the "Local Emergency Management Council."
[Amended 11-26-2013 by Ord. No. 13-OR-038]
B.
Membership.
(1)
Number. The Local Emergency Management Council shall
consist of up to 25 members and may be increased by resolution of
the governing body.
[Amended 11-26-2013 by Ord. No. 13-OR-038]
(2)
Appointment. All members of the Local Emergency Management
Council shall be appointed by the Mayor, provided that the Municipal
Emergency Management Coordinator and his deputy shall be deemed members
of the Council.
(3)
Term and compensation. The Local Emergency Management
Council shall be appointed for a term of one year, commencing on January
1 of the year of their appointment until December 31 of the year of
their appointment, and shall receive no compensation for the duties
performed on the Local Emergency Management Council.
(4)
Qualifications. Persons appointed to the Local Emergency
Management Council shall be qualified by their knowledge and experience
to provide emergency government services for the community at large
in time of local disaster and have such other qualifications deemed
necessary by the Mayor appointing them.
(5)
Chairman. The Municipal Emergency Management Coordinator
shall serve as Chairman of the Local Emergency Management Council.
C.
Duties and powers.
(1)
The Local Emergency Management Council shall assist
the municipality in establishing the various local volunteer agencies
needed to meet the requirements of local defense and disaster control
activities in accordance with rules and regulations established by
the Governor.
(2)
The Local Emergency Management Council is authorized
within the limits of appropriations to establish an adequate organization
to assist in supervising and coordinating the civilian defense and
disaster control activities of the local municipality, provided that
no person shall be employed by the Local Emergency Management Council
unless his position is duly created by this chapter. It shall be lawful
for members of the Local Emergency Management Council also to be members
of other agencies created because of any emergency.
A.
Youth Guidance Commission. There is hereby created within the Township of Burlington a commission to be known as the "Burlington Township Youth Guidance Commission," to be appointed as provided in § 20-62B(2) by the Mayor of the Township of Burlington. This Commission is to work in conjunction with the Township Police, the Township school system, also the juveniles and their parents, and the County Juvenile Domestic Relations Court.
B.
Organization.
(1)
Scope. The Youth Guidance Commission shall have the
responsibility of assisting and coordinating and integrating the community
plans and services, governmental and voluntary, affecting the welfare
of all children and youth in the community; also of assisting in coordinating
and integrating community plans and services, governmental and voluntary,
for the protection of children who are especially exposed to conditions
conducive to delinquency; to assist in coordinating and integrating
community plans for the control of harmful influences in the community.
(3)
Term of office. Members of the Youth Guidance Commission
shall be appointed to serve a term of three years or until their successors
be appointed, with the exception that the term of the original membership
on the Commission should be so constituted as to provide that three
of the members shall serve for one year, two for two years and two
for three years.
(4)
Chairman. The Chairman shall have the general and
specific duties of: running all meetings of the Youth Guidance Commission
organizing the activities of the Commission, setting up the meetings
of the Commission with the advice and consent of Council to carry
out and make sure that the wishes of the Commission are followed through,
appointment of the Adjustment Committee (a subcommittee of the Youth
Guidance Commission) with the consent of a majority of Commission,
establishing the subcommittees of the Youth Guidance Commission with
the consent of a majority of the members of the Youth Guidance Commission.
Appointment of all other subcommittees of the Youth Guidance Commission,
which must also be done with the consent of a majority of the members
of Commission. The Chairman is elected from the Youth Guidance Commission
by a vote of the members, to serve a one-year term, to be elected
at the annual reorganization meeting of the Youth Guidance Commission.
(5)
Vice Chairman. The Vice Chairman has the general and
specific duties of filling in the duties of the Chairman when the
Chairman cannot be present. In the case that the Office of Chairman
is made vacant, the Vice Chairman will fill this vacancy until a new
Chairman is voted into office. The Vice Chairman will also assist
the Chairman in the day-to-day operations of the Commission. He will
also have the responsibility of overseeing the Adjustment Committee
and all other subcommittees of the Commission. In the case that the
Office of Vice Chairman is made vacant, an election must be held within
30 days to fill this vacancy. The Vice Chairman is elected from the
Youth Guidance Commission by a majority vote of the members, to serve
a one-year term, to be elected at the annual reorganization meeting
of the Youth Guidance Commission.
(6)
Secretary. The Secretary has the general and specific
duties of keeping all records of the Youth Guidance Commission, also
the Adjustment Committee, which are to be kept separate and confidential,
to take minutes of all the meetings of the Commission, to take care
of all correspondence, both incoming and outgoing. The secretary is
elected from the Youth Guidance Commission by a majority vote, to
serve a one-year term, to be elected at the annual reorganization
meeting of the Youth Guidance Commission. In case the Office of Secretary
is made vacant, an election must be held within 30 days to fill this
vacancy.
C.
Powers.
(1)
To undertake, supervise and direct the making of studies
and surveys of all matters and things which are or may be relating
to or in the interest of youth guidance.
(2)
To create subcommittees composed of members and nonmembers
of the Municipal Youth Guidance Council, to aid and assist in the
work of the said Council.
(3)
To request and obtain such cooperation, assistance
and data from various municipal departments, boards, bureaus, commissions
and other agencies as may be reasonably necessary in order to carry
out its work.
(4)
To make recommendations, devise plans and suggest
ways and means to meet the various problems having to do with youth
guidance.
D.
Adjustment Committee. The purpose of the Adjustment
Committee is to provide the community with an alternative to the Juvenile
Court. The Adjustment Committee will operate under the plans of operation
set forth by the Youth Guidance Commission, which shall be submitted
to the presiding Judge of the Juvenile and Domestic Relations Court
and the Office of Youth Service in the State Department of Community
Affairs. The plan will outline the procedure for the referral of cases
by police, schools, other agencies and interested persons. Summary
records must be maintained of each child, and these records should
include data concerning the circumstances surrounding each referral
of a child to the Committee, the church, the family, the school, and
neighborhood relationship, also the method used by the Adjustment
Committee to improve the adjustment of the child. These records shall
be kept confidential, with the exception that they may be reviewed
at any time by the Judge of the Juvenile Court to ensure that no child
was denied access to the court. Also each Youth Guidance Commissioner
may be called upon to provide reports of its Adjustment Committee
to the municipal governing body, the Juvenile Court or the State Department
of Community Affairs.
(1)
Membership. The Adjustment Committee shall consist
of six members until such time that the Youth Guidance Commission
shall feel it necessary to expand the Committee. It shall take a majority
of the membership of the Youth Guidance Commission to expand the Adjustment
Committee. Members of the Adjustment Committee shall be appointed
by the Chairman of the Youth Guidance Commission with the consent
of the Commission. The members of the Adjustment Committee will serve
for a one-year term.
(a)
The Adjustment Committee will be broken into
groups of three persons. These groups will be called "teams." Each
team shall have a captain, which shall be designated by the Chairman
of the Youth Guidance Commission. Each team shall be assigned a case
by the Youth Guidance Commission, depending upon the qualifications
that the Commission feels the team has to handle that case. Cases
are presented at the monthly meeting of the Youth Guidance Commission.
The representative from the Police Department presents the juvenile
problems that have come to his attention since the last meeting. At
the same time, problems which may have been brought to the Commission's
attention by the schools, parents or youngsters themselves are brought
up and discussed for assignment to the Adjustment Committee.
(2)
Types of cases. Any situation in which an aggrieved
party or the police do not sign a complaint may be referred to the
Adjustment Committee.
(a)
A motor vehicle violation for those under 17
years of age.
(b)
Creating a disturbance.
(c)
Cursing.
(d)
Being beyond the control of the parents.
(e)
Fighting.
(f)
Frequenting unsuitable places.
(g)
Loitering.
(h)
Vagrancy.
(i)
Idly roaming the streets at night.
(j)
Sporadic truancy.
(k)
Violation of curfew.
(l)
Trespassing.
(m)
Neighborhood disputes.
(n)
Minor property damage.
(o)
Shoplifting (first offense).
(p)
Petty theft.
(q)
Malicious mischief.
(r)
Tampering with fire alarms.
(s)
Violation of bicycle driving regulations.
(t)
Driving the family car without permission and/or
license.
(u)
Possession and consumption of alcohol (first
offense).
(v)
Possession of marijuana less than 25 grams (first
offense).
(3)
Possible disposition of cases.
(a)
Warning.
(b)
Lecture.
(c)
Recommend payment of restitution.
(d)
Recommend repair of damage done.
(e)
Write essay.
(f)
Report to Fire Chief for talk on safety.
(g)
Report to clergyman for counseling.
(h)
Report to Committee member for counseling.
(i)
Refer the youth and/or his family to local or
county agencies for professional services.
(j)
Recommend visits to hospital or other institutions.
(k)
Volunteer services to a charitable or social
service groups in the community.
(4)
The Adjustment Committee may not place a juvenile
on probation and should avoid the use of the term. It may not impose
a fine. It cannot order any course of action. Any recommendation by
the Committee requires the cooperation of the juvenile's parents,
and the minutes should reflect this.
E.
Cooperation from other agencies. All municipal agencies
shall cooperate with the Commission in furnishing such reports and
information as the Commission shall deem necessary to carry out the
functions and purposes of this Commission.
F.
Fiscal regulations. The Mayor and Council of the Township
of Burlington shall have the power to approve the annual budget submitted
by the Commission in whole or in part or notify the same and the budget
as finally approved by the Council. This and any other revenue acquired
by the Commission shall be the budget of the Commission for the budget
year.
A.
Legislative findings.
(1)
The Township of Burlington is presently served by
three volunteer fire companies: Independent Fire Company No. 1, Beverly
Road Fire Company No. 2 and Relief Fire Company No. 3.
(2)
A petition signed by at least 5% of the registered
voters of the municipality has been served upon the Municipal Clerk
pursuant to N.J.S.A. 40A:14-70. The purpose of this chapter is to
designate a territorial location for use as a fire district as required
by the aforementioned statute.
B.
Creation. There is hereby created Fire District No.
1, the boundaries of which shall consist of all of the property within
the corporate limits of the municipality.
C.
Governing body. The Fire District shall be governed
by a Board of Fire Commissioners. The Commissioners and their successors
shall be a corporate body known as "The Commissioners of Fire District
No. 1 in the Township of Burlington, County of Burlington." Said body
corporate shall have the power to acquire, hold, lease, sell or otherwise
convey in its corporate name such real and personal property as the
purposes of the corporation shall require. All sales and leases of
real and personal property shall be in accordance with the provisions
of the Local Lands and Buildings Law, P.L. 1971, c. 199 (N.J.S.A.
40A:12-1 et seq.). Said body corporate shall have the authority to
adopt and use a corporate seal, sue or be sued and shall have such
powers, duties and functions as are usual and necessary for its purposes.
A.
Creation and membership. There is hereby created in
the Township of Burlington an Insurance Fund Commission, which fund
is established pursuant to the provisions of N.J.S.A. 40A:10-8 et
seq.
(1)
Members. The Commission shall consist of three officials
of Burlington Township, who may be members of the Township Council,
who shall serve as Insurance Fund Commissioners. The said members
shall be appointed by the Mayor with the advice and consent of the
Township Council.
(2)
Appointment and compensation. The Commissioners shall
hold office for a period of two years or for the remainder of their
terms of office as Township officials, whichever shall be less, and
until their successors shall have been duly appointed and qualified.
The Insurance Fund Commissioners shall appoint a person to serve as
secretary to the Insurance Fund Commission. The Secretary shall serve
at the pleasure of the Commission. The Commissioners shall serve without
compensation. The salary of the Secretary shall be set by ordinance
or resolution, as appropriate, as authorized by the governing body.
Vacancies in the office of Insurance Fund Commissioners caused by
any reason other than expiration of a term as an official shall be
filled for the unexpired term. Vacancies in the position of Secretary
shall be filled in the same manner as the original appointment.
B.
Organization of Commissioners. The Commissioners shall,
forthwith after their appointment, organize for the ensuing year by
election from their membership of a Chairman who shall serve for the
year.
C.
Powers and duties. The Commission shall have all of
the powers and duties granted to it pursuant to the provisions of
N.J.S.A. 40A:10-10. These powers and duties shall be as follows:
(1)
Employ necessary clerical assistants, whose compensation
shall be fixed and paid by the Township in the same manner as is that
of other employees of the Township;
(2)
Invest the insurance fund established and all additions
and accretions thereto in such securities as they shall deem best
suited for the purposes of the insurance fund;
(3)
Adopt rules and regulations for the control and investment
of the insurance fund;
(4)
Keep on hand at all times sufficient money, or have
the same invested in such securities as can be immediately sold for
cash, for the payment of losses to any building or property of the
Township, or liability resulting from the operation of publicly owned
motor vehicles, equipment or apparatus;
(5)
Fix reasonable rates of premium for all insurance
carried by the insurance fund, and shall effect all insurance in insurance
fund or with any insurance company or companies authorized to do business
in this state;
(6)
Premiums for insurance, whether carried in the insurance
fund or placed with insurance companies, shall be paid to the Commissioners
by the board, commission, department, committee or officer having
charge or control of the property insured;
(7)
All insurance upon property owned or controlled by
the Township or any of its departments, boards, agencies or commissions
shall be placed and effected by the Commissioners;
(8)
If provided by the rules and regulations of the Commission,
the Secretary to the Insurance Fund Commission shall be entrusted
with the daily operation of the insurance fund and shall submit a
report to the Commissioners at least once a month.
