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Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
A. 
The Township government shall include such statutory, legislative, judicial, advisory and independent agencies of local government as are hereinafter provided in this article.
B. 
For purposes of administration, such agencies shall be under the supervision of the Mayor, except as otherwise provided by the Charter, general law or ordinances of the Township.
C. 
The boards, commissions and agencies set forth herein shall adopt their own procedural rules and regulations for the conduct of their businesses. These rules of procedure cannot conflict with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq. All boards, commissions and agencies set forth in this article must strictly adhere to the provisions of the Open Public Meetings Act, specifically the adoption of a resolution to go into Closed Session and a statement in the resolution of the matter to be discussed in Closed Session. The boards, commissions and agencies set forth herein shall comply with the Open Public Records Act, N.J.S.A. 47:1A-1, et seq. and respond in a timely manner to a request for Public Records filed with the Township Clerk. The boards, commissions and agencies set forth herein, in their rules of procedure governing the conduct of their business, must provide for the fundamental parliamentary procedures as set forth in Roberts Rules of Order.
A. 
The Township of Wayne agrees to participate in the creation and operation of the Central Passaic River Basin Flood Commission, pursuant to the provisions of N.J.S.A. 40:14-16 et seq.
B. 
The Township of Wayne shall invite the following municipalities and counties to participate in said Commission: County of Passaic; County of Essex; County of Morris; Township of Little Falls; Township of Pequannock; Township of Montville; Borough of North Caldwell; Township of West Caldwell; Borough of Pompton Lakes; City of Paterson; Township of Livingston; Borough of West Paterson; Borough of Lincoln Park; Township of Parsippany; Township of East Hanover; Township of Chatham; Borough of Totowa; Township of Nutley; Borough of Morris Plains; Township of Fairfield; Borough of Riverdale; Township of Hanover; Borough of Florham Park; Borough of Roseland; City of Newark; Borough of Hawthorne and Borough of Oakland.
C. 
The Central Passaic River Basin Flood Commission shall:
(1) 
Collect, study and analyze data on flooding, past floods and the causes of floods in the area;
(2) 
Make such data and studies available to the participating members, to the Department of Environmental Protection, Division of Water Supply, the Army Corps of Engineers, local and county planning boards and officials concerned with subdivisions and development of properties within the floodway and drainage area;
(3) 
Keep itself informed as to the available state and federal funds and grants and the procedures for applying therefor and shall make such information available to participating members;
(4) 
Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like;
(5) 
Encourage the acquisition of lands within the floodway and low-lying areas by appropriate county park commissions, counties or participating municipalities and all federal and state agencies that have jurisdiction in matters concerning the floodway and low-lying areas;
(6) 
Publicize methods of flood control and flood prevention;
(7) 
Encourage its participating members to support other programs designed or intended to alleviate flooding;
(8) 
Lobby federal and state legislators and federal and state agencies to promote legislation favorable to the Central Passaic River Basin and also to make available increased funding for flood control measures in the Central Passaic River Basin;
(9) 
Perform such other acts and fulfill such other functions as may be permitted by law and as determined by members, subject to the limitations in this section and subject to limitations set forth in N.J.S.A. 40:14-16.
D. 
Any number of members of the Commission shall have the right to meet at regularly scheduled meetings. Any action taken involving the expenditure of funds other than clerical and mailing connected with the usual business of the Commission shall be adopted only at a meeting at which there are at least two counties represented and at least three municipalities represented.
E. 
Each member municipality and county reserves the right to withdraw from the Commission; provided, however, that at least 90 days' notice of such intention is given to the Commission, and provided further that such withdrawal, after the adoption of the Commission budget for a given year, shall not abrogate the responsibility of the municipality or county to meet its responsibility and obligation under the budget for such year.
F. 
The general, administrative and other expenses of the Commission affecting the Commission as a whole shall be apportioned among the members as follows:
(1) 
One-fourth thereof to be apportioned among the member counties as follows:
(a) 
County of Passaic;
(b) 
County of Essex;
(c) 
County of Morris;
(2) 
Three-fourths thereof to be apportioned to other municipalities according to a formula taking into account population and frontage along the Passaic River, and resulting in the following:
(a) 
Wayne;
(b) 
Little Falls;
(c) 
Pequannock;
(d) 
Montville;
(e) 
North Caldwell;
(f) 
West Caldwell;
(g) 
Pompton Lakes;
(h) 
Paterson;
(i) 
Livingston;
(j) 
Woodland Park;
(k) 
Lincoln Park;
(l) 
Parsippany;
(m) 
East Hanover;
(n) 
Chatham;
(o) 
Totowa;
(p) 
Nutley;
(q) 
Morris Plains;
(r) 
Fairfield;
(s) 
Riverdale;
(t) 
Hanover;
(u) 
Florham Park;
(v) 
Roseland;
(w) 
Newark;
(x) 
Hawthorne; and
(y) 
Oakland.
(3) 
In the event any of the foregoing municipalities do not join, the formula used to obtain the foregoing percentages shall be reapplied to determine the apportionment among the remaining and participating municipalities.[1]
[1]
Editor's Note: Specific percentages could not be set at date of adoption of this ordinance, pending approval agreements by all participating municipalities.
G. 
Whenever a specific project is to be undertaken involving less than the interests of all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specially benefited thereby in advance of authorization of such project.
H. 
The apportionments set forth herein may be changed by agreement among the participating municipalities and counties; provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in Subsection F above without the consent of the governing body of such participating member.
I. 
Any budget proposed by the Commission must be submitted to the governing bodies of the participating municipalities and shall become effective only upon the adoption of resolutions by a majority of the participating municipalities approving the budget.
J. 
The Mayor shall appoint two representatives to the Commission. Either or both of said representatives may be a member of the Township Council or other elective or appointive office in the Township.
K. 
Each representative shall serve for a term of five years or until his/her successor has been appointed and qualified, except that any appointed representative who holds another elective or appointive public office shall serve as such representative for the term of his/her elected or appointed office and only so long as he/she shall hold such elected or public office, notwithstanding his/her term of appointment as such representative. Appointments to vacancies shall be filled for the balance of the term only.
L. 
In addition to such representatives, the Mayor may appoint two alternate representatives to the Commission who shall serve for a term of one year each or until the appointment and qualification of their successors. Such alternates shall have the right to attend all meetings of the Commission and take part in all discussions. The alternates shall be designated as first alternate and second alternate, and in such order may represent the Township Council and vote in the event of the absence or disability of one or both of the representatives. No alternative representative shall automatically succeed to a representative position upon a vacancy occurring in a regular position.
There shall be a Fire Department as provided in Chapter 13, Fire Department.
There shall be an Historical Commission consisting of nine members appointed by the Mayor; provided, however, that the number of members of this Commission may be varied by the Mayor. The members of this Commission shall be composed of persons who have demonstrated or expressed an interest in preserving the historic landmarks within the boundaries of the Township, researching historic facts, maintaining records of such facts and of places of historic interest and reporting such findings to the citizens of the Township.
[Ord. No. 53-2014]
A. 
There is hereby established in the Township of Wayne an Insurance Fund Commission who shall oversee all Township Insurance Programs.
B. 
The Chief Financial Officer, Business Administrator and the Director of Human Resources of the Township of Wayne shall serve as Insurance Fund Commissioners. The Chief Financial Officer shall serve as the Chairperson. The Insurance Fund Commissioners shall serve without compensation.
A. 
The Board of Trustees of the Free Public Library heretofore established in the Township shall continue, and the members thereof in office shall continue until their respective terms expire. The Board shall consist of seven members, one of whom shall be the Mayor and one of whom shall be the Superintendent of Schools. The other five members shall be appointed by the Mayor with the consent of the Council, and at least four of the five citizen members must reside within the Township. Each member shall serve for a term of five years.
B. 
The Board of Trustees of the Free Public Library shall hold in trust and manage all property of the library. It may rent rooms or, when proper, construct buildings for the use of the library; purchase books, pamphlets, documents, papers and other reading matter; hire librarians and other necessary personnel and fix their compensation; make proper rules and regulations for the government of the library and generally do all things necessary and proper for the establishment and maintenance of the Free Public Library within the Township. The Board shall annually make a report of its transactions, accounts and of the state and condition of the library to the Council.
[1]
Editor's Note: Material regarding the Local Assistance Board previously codified herein as adopted by Ord. No. 53-2014 was repealed by Ord. No. 30-2021.
[Ord. No. 53-2014]
A. 
There shall be a Local Emergency Management Council composed of 15 members appointed by the Mayor. Each member shall hold office at the will and pleasure of the Mayor. In addition, the Mayor shall appoint a Municipal Emergency Management Coordinator from among the residents of the Township, who shall serve for a term of three years. The Municipal Emergency Management Coordinator shall be a member and shall serve as Chairman of the Local Emergency Management Council.
B. 
The Local Emergency Management Council shall assist the Township in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities in accordance with rules and regulations established by the Governor pursuant to general law. The Local Emergency Management Council is authorized, within limits of appropriation, to establish an adequate organization to assist in supervising and coordinating the emergency management activities of the Township.
C. 
The Municipal Emergency Management Coordinator shall be responsible for the planning, activating, coordinating and the conduct of the emergency management operations within the Township.
D. 
He/She shall appoint a Deputy Municipal Emergency Management Coordinator with the approval of the Mayor. Whenever possible, such Deputy shall be appointed from among the salaried officers or employees of the Township. Additional Deputies and support staff may be appointed as needed with the approval of the Mayor.
E. 
The Emergency Management Coordinator, deputies and support staff shall be paid an annual stipend established by the Mayor within budgetary limitations.
F. 
In the absence of the Coordinator, the next Deputy Coordinator in line shall, as determined by the Coordinator, assume the duties and responsibilities of the Coordinator.
A. 
Pursuant to N.J.S.A. 40A:12A-4, there shall be a Local Public Agency consisting of all members of the Township Council which shall exercise the redevelopment and rehabilitation function provided in N.J.S.A. 40A:12A-1 et seq.
A. 
The Recreation Advisory Committee shall consist of seven members appointed by the Mayor for five-year terms.
B. 
The Recreation Advisory Committee may advise the Mayor on matters concerning parks and recreation.
C. 
Additional members may be appointed for one year at the discretion of the Mayor.
A. 
There shall be an Economic Development Commission of the Township of Wayne. It shall consist of thirteen (13) members, (11) shall be residents of the Township or members of the business community of the Township appointed by the Township Council and (1) shall be a member of the Township Council appointed by the Council President for a term of one (1) year and (1) member shall be the President of the Tri-County Chamber of Commerce whose term shall coincide with his/her term as President. All appointments shall be for five (5) years except for the member of the Council and the President of the Tri-County Chamber of Commerce and vacancies shall be filled for the unexpired term only. The terms of office of each Commissioner shall commence on the first day of January and shall expire on the 31st day of December of the appropriate year.
[Ord. No. 10-2014]
B. 
The members of the Commission shall serve without compensation, but each shall receive reimbursement for actual disbursements for expenses in the performance of his/her duties.
C. 
The duties of the Economic Development Commission shall be as follows:
(1) 
Prepare a commercial use survey and inventory for the Township, monitor commercial uses and commercial tax ratables and assist businesses and attract businesses which will make a major contribution to the economy of the Township.
(2) 
Develop and maintain an inventory of available, vacant or under-utilized properties, commercial properties, including properties to be used for economic development, according to its adaptability to various types of business, professional and industrial enterprises.
(3) 
Coordinate efforts with county and state economic development agencies, as well as any regional, federal or private agencies, in an attempt to foster or effectuate a positive commercial economic environment for the Township.
(4) 
Assist the Township administration and the Township Council, if requested, in the preparation of applications for any grants or funding which would help facilitate efforts to research the availability of such grants or funding.
(5) 
Coordinate with the Small Business Administration and any other federal, state or local agencies to assist or promote business or commerce in order to enable the Commission to give guidance and information to businesses which desire to start up or relocate in the Township.
(6) 
To prepare, develop and distribute advertising material and data listing the advantages, opportunities, and availability of real estate in the Township to encourage and accomplish business, industrial and professional services within the Township.
(7) 
Confer with the Township Administration, Township Council, the Planning Board and other municipal agencies, as necessary, concerning land use issues, ordinances and resolutions that may have an impact upon commercial and retail uses in the Township.
D. 
The Commission shall not exercise any power of condemnation or eminent domain and shall not be authorized to pledge the credit of the Township to create any debt against it, or in any manner act as the agent of the Township.
E. 
It shall be deemed to be a conflict of interest for any member, officer or employee of the Commission to have any financial interest, directly or indirectly, in any contracts or other transactions by, of or with the Commission, for work or materials used by the Commission, or in any sales, leases or agreements in connection with lands, buildings or other properties owned or controlled by the Township, or in any fees or compensation of any kind paid to any broker, architect, engineer, merchant or other person doing business with the Commission or the Township.
F. 
The Commission shall prepare an annual report to the Township Council setting forth, in detail, its operations and transactions during the preceding 12 months. The Commission shall keep complete and accurate records of its accounts and shall not exceed its budget, and funds, if any, received from the Township shall be expended only for the purpose for which they were appropriated.
[Added 3-2-2022 by Ord. No. 11-2022]
A. 
Establishment; membership. The Commission on Persons with Special Needs of the Township of Wayne is hereby established and shall consist of eleven (11) members all of whom shall have equal voting rights; six (6) shall be residents of the Township or members of the general public, three (3) members of the Township (Mayor, Director of Parks and Recreation, and Library Director), one (1) member from the Board of Education (Superintendent of Schools and/or his/her designee) and (1) shall be a member of the Township Council appointed by the Council President. Appointment of said members, other than the Township Council member, shall be by the Mayor, with the advice and consent of the Council. The members of the Commission shall serve without compensation.
B. 
Officers. The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission annually from among the members of the Commission and such other officers as deemed necessary.
C. 
Term of Office. Each member shall serve for a three year (3) term. Any appointment to fill a vacancy shall be for the unexpired term of that member only.
D. 
Purpose. The Commission on Persons with Special Needs shall act in an advisory capacity to the Mayor and make recommendations for policies and programs in all matters related to the best interests of individuals with physical and developmental disabilities within the Township.
E. 
Meetings. The Commission shall meet every other month (January, March, May, July, September and November) at a time, date and location to be determined annually or as otherwise provided for in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 to 10:4-21.
F. 
Funding. The Commission on Persons with Special Needs shall be authorized, with the approval of the Council, to expend any monies necessary to fulfill its purposes under this article, provided that the expenditure shall not exceed, exclusive of grants and gifts, the amount annually appropriated by the Council (if any) for the Commission’s use.
G. 
Reports and Recommendations. The Commission on Persons with Special Needs shall make an annual report of its activities which shall be submitted to the Mayor and Council by January 31 of the succeeding year and periodically make such recommendations as may be necessary to carry out the purposes set out in this article.
A. 
The Environmental Commission of the Township of Wayne is hereby established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 56A-6), as amended by Chapter 35 of the Laws of 1972, for the protection, development and use of natural resources located within the Township of Wayne.
B. 
Membership, appointment, terms, vacancies.
(1) 
The Environmental Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Township of Wayne. The Environmental Commission members shall serve without compensation, except as hereinafter provided. The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission.
(2) 
The term of each Commissioner shall be three years or until the appointment and qualification of his/her successor.
(3) 
There is hereby provided, pursuant to the provisions of N.J.S.A. 40:56A-1, two alternate members to the Environmental Commission, as follows:
(a) 
Two alternate members shall be appointed by the Mayor to the Environmental Commission and, at the time of appointment, the alternate members shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2".
(b) 
The terms of the alternate members shall be for two years and the term of not more than one alternate member shall expire in any one year.
(c) 
An alternate member may participate in discussions of the proceedings before the Commission, but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
(4) 
The Mayor or Township Council may remove any member of the Commission for cause, on written charges served upon the member and after a hearing before them thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
C. 
Powers of Commission. The Environmental Commission shall have the power to conduct research into the use and possible use of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps 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 plans and programs for inclusion in the Master Plan and the development and use of such areas. 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.
D. 
Records and annual reports. The Environmental Commission shall keep records of its meetings and activities and make an annual report to the Council.
E. 
Appropriations. The Township Council may appropriate funds for the expenses incurred by the Environmental Commission. The Commission may appoint such clerks and other employees as it may require and as shall be within the limits of funds appropriated to it.