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:
(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.
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.