[HISTORY: Adopted by the Township Council of the Township of Medford 3-19-1980 as Ord. No. 1980-3. Sections 92-2A and 92-3 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Fees and licenses — See Ch. 71.
The Township Council of Medford finds that it is necessary to the health, safety and welfare of the residents of said township to make available the use of certain township equipment and related services for the maintenance and upkeep of various areas of the community, including the lakes, dams, beaches, open space and recreation areas, and that the failure to so maintain said areas may result in additional expense and harm to the township residents generally as well as the residents of a particular area. The Township Council further finds that it is necessary for the proper and orderly administration of the fiscal affairs of said township that set procedures, fees and charges be established for the use of said equipment. The Township Council acknowledges that said fees and charges do not compensate the township in full for the operating costs of said equipment but rather constitute fair and reasonable fees and charges for the use of said equipment in relation to the benefit accruing to the township therefrom.
Fees as set out in Chapter 71, Fees and Licenses, shall be paid for the use of the township equipment designated therein.
[Amended 8-2-1983 by Ord. No. 1983-16]
The above fees are based on work performed and/or equipment used during regular township business hours and during normal township five-day workweek, as established by the Township Manager. Work performed and/or equipment used at other times shall be only as authorized by the Township Manager and at additional fees and charges to be established by the Manager, not to exceed 1 1/2 times the fees set forth in Chapter 71.
[Amended 4-5-1983 by Ord. No. 1983-6]
[Amended 8-2-1983 by Ord. No. 1983-16]
In addition to the hourly fee or charge when the dredge is used, there shall be an additional fee, payable in advance, for mobilization/demobilization in the amount set out in Chapter 71, Fees and Licenses.
All work performed and/or equipment used pursuant to this chapter shall be at the direction and supervision of employees of the Township Department of Public Works, through the direction of the Township Manager. Township equipment shall be operated solely by township employees, unless the Manager shall otherwise authorize.
All work performed and/or equipment used pursuant to this chapter shall be governed by a written agreement between the township and the user, executed prior to the commencement of any work and/or use of any equipment, in a form to be approved by the Township Attorney and Manager. Said agreement shall specify the nature of the proposed work and/or equipment to be used, the total estimated hours to which the user is entitled and the estimated fees and/or charges to be incurred.
The use of the township equipment pursuant to this chapter shall be limited to individuals and/or organizations organized not for pecuniary profit, unless a majority of the Township Council shall determine, as a policy matter, that a health, safety and welfare concern exists and a private individual and/or organization organized for profit should be authorized to use said equipment and related services, in which case fees and charges consistent with commercial rates for the use of similar equipment shall be charged, as determined by the Township Manager.
Any user of township equipment and related services pursuant to this chapter who violates any provision hereof, including expressly the provisions of the agreement executed pursuant to § 92-5 above, may be precluded, in the discretion of the Township Manager, from any future use of said equipment, as well as such further relief and/or legal action to which the township may be entitled.