A.
Commission established. An Environmental Commission is hereby established in and for the Township pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 40:56A-5), to be known as the "Clinton Township Environmental Commission."
B.
Composition; term; qualifications.
(1)
The Environmental Commission shall consist of seven
members and two alternate members to be appointed by the Mayor. One
member shall also be a member of the Clinton Township Planning Board
and all members shall be residents of the Township of Clinton. The
terms of office of the first Commissioners shall be for one, two,
and three years, to be designated by the Mayor in making his/her appointments
so that the terms of approximately 1/3 of the members will expire
each year, and their successors shall be appointed for term of three
years, except that appointments to fill vacancies shall be for the
unexpired term.
(2)
An alternate member designated as Alternate No. 1
shall be appointed for a one-year term.
(3)
An alternate member designated as Alternate No. 2
shall be appointed for a two-year term.
(4)
This subsection provides that the expiration of the
two alternate members' terms must be distributed evenly over the first
two years after their appointment. Thereafter, the term of each alternate
member shall be for two years.
(5)
Alternate members may participate in discussions of
the proceedings 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. In the absence of Alternate No. 1, Alternate No.
2 shall vote.
C.
Powers of Commission. The Environmental Commission
shall have 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, or privately owned, including publicly
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 Clinton Township Planning Board plans and programs for inclusion
in a Township Master Plan and the development and use of such areas.
D.
Acquisitions. The Environmental Commission may, subject
to the approval of the Township Council, acquire property, both real
and personal, in the name of the Township, by gift, purchase, grant,
bequest, devise or lease, for any of its purposes and shall administer
the same for such purposes, subject to the terms of the conveyance
or gift. Such an acquisition may be to acquire the fee or any lesser
interest, development right, easement (including conservation easement),
covenant or other contractual right (including a conveyance on conditions
or with limitations or reversions), as may be necessary to acquire,
maintain, improve, protect, limit the future use of or otherwise conserve
and properly utilize open spaces and other land and water areas in
the Township.
E.
Records and annual report. The Environmental Commission
shall keep records of its meetings and activities and shall make an
annual report to the Township Council.
[1]
Editor's Note: The Environmental Commission
was originally established as the Conservation Commission. Pursuant
to N.J.S.A. 40:56A-7, Conservation Commissions shall be known as Environmental
Commissions.
A.
Purpose. The purpose of the Historic Preservation
Commission is to promote the conservation of historic sites and districts
and to safeguard the heritage of Clinton Township by preserving the
elements of its cultural, social, scenic economic, and architectural
history.
B.
Formation of Commission. There is hereby established
in and for the Township an Historic Preservation Commission.
C.
Class qualifications.
(1)
The Historic Preservation Commission shall consist
of five regular members and may have not more than two alternate members.
Of the regular members, a total of at least one less than a majority
shall be of Classes A and B; and three members shall be of Class C.
Class qualifications shall be as follows:
[Amended 2-28-2001 by Ord. No. 741-01; 2-25-2004 by Ord. No. 838-04; 7-18-2007 by Ord. No.
927-07]
(a)
Class A: Persons who are knowledgeable in building
design and construction or architectural history who may reside outside
the Township.
(b)
Class B: Persons who are knowledgeable or with a demonstrated
interest in local history who may reside outside the Township.
(c)
Class C: Citizens of the Township who shall hold
no other municipal office, position or employment, except for membership
on the Planning Board or Board of Adjustment.
(2)
Alternate members shall meet the qualifications of
Class C members.
D.
Appointment of members; terms; vacancies.
(1)
The Mayor shall appoint all members of the Commission
and shall designate at the time of appointment the regular members
by class and the alternate members, if any, as Alternate No. 1 and
Alternate No. 2.
(2)
The terms of the members first appointed shall be
so determined that to the greatest practicable extent, the expiration
of the terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointment, and in the
case of alternate members, evenly over the first two years after their
appointment, provided that the initial term of no regular member shall
exceed four years, and that the initial term of no alternate member
shall exceed two years. Thereafter, the term of a regular member shall
be four years; and the term of an alternate member shall be two years.
(3)
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only. Notwithstanding
any other provision herein, the term of any member common to the Historic
Preservation Commission and the Planning Board shall be for the term
of membership on the Planning Board; and the term of any member common
to the Historic Preservation Commission and the Board of Adjustment
shall be for the term of membership on the Board of Adjustment.
E.
Chairman; Vice Chairman; Secretary. The Historic Preservation
Commission shall elect a Chairman and Vice Chairman from its members,
and select a Secretary who may or may not be a member of the Historic
Preservation Commission or a municipal employee.
F.
Regulations. The Commission shall create rules and
procedures for the transaction of its business subject to the following
regulations:
(1)
A quorum for the transaction of business shall consist
of four of the Commission's members, including the Chairman or, in
his absence, the Vice Chairman.
[Amended 2-28-2001 by Ord. No. 741-01]
(2)
The Secretary shall keep minutes and records of all
meetings and proceedings, including voting records, attendance, resolutions,
findings, determinations and decisions. All such materials shall be
public records.
(3)
All meetings shall comply with the Open Public Meetings
Act (N.J.S.A. 10:4-7 et seq.).
(4)
Alternate members may participate in discussions of
the proceedings 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.
(5)
No member of the Historic Preservation Commission
shall be permitted to act on any matter in which he has, either directly
or in directly, any personal or financial interest.
(6)
A member of the Historic Preservation Commission may
(after public hearing if he/she requests it) be removed by the Township
Council for cause.
G.
Compensation for members. The Commission members shall
serve without compensation but shall be reimbursed for expenses incurred
in the performance of official business.
H.
Compensation for experts and other staff services.
The Historic Commission may secure the voluntary assistance of the
public and (within the limits of the budget established by the Township
for the Historic Preservation Commission's operation) to retain consultants
and experts.
I.
Powers and duties. The Historic Preservation Commission
shall have the responsibility to:
(1)
Prepare a survey of historic sites of the Township
pursuant to criteria identified in the survey report; and
(2)
Make recommendations to the Planning Board on the
historic preservation plan element of the Master Plan and on the implications
for preservation of historic sites of any other Master Plan elements;
and
(3)
Advise the Planning Board on the inclusion of historic
sites in the recommended capital improvement program; and
(4)
Advise the Planning Board and Board of Adjustment on applications for development, pursuant to Subsection J of this section.
(5)
Provide written reports pursuant to N.J.S.A. 40:55D-111
on the application of the zoning ordinance provisions concerning historic
preservation; and
(6)
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Township.
J.
Referrals by Planning Board. The Planning Board and
Board of Adjustment shall refer to the Historic Preservation Commission
every application submitted for development in Historic Zoning Districts
or on historic sites designated on the Zoning or Official Map or identified
in any component element of the Master Plan to either Board. The referral
shall be made when the application for development is deemed complete
or is scheduled for a hearing, whichever occurs sooner. Failure to
refer the application as required shall not invalidate any hearing
or proceeding. The Historic Preservation Commission may provide its
advice which shall be conveyed through its delegation on one of its
members or staff to testify orally at the hearing on the application
and to explain any written report which may have been submitted.
K.
Demolition of historic structure.
[Added 5-26-2004 by Ord. No. 848-04;
amended 12-8-2004 by Ord. No. 867-04]
(1)
Notice required. Any applicant to the Planning Board
or Board of Adjustment for the development of a site, or any applicant
to the Building Department for a demolition permit, which involves
a historic structure must provide notice to the Historic Preservation
Commission.
(2)
Form of notice.
(a)
Such notice shall be provided in a letter to the Township
Administrator sent via certified mail (return receipt requested),
containing the following information:
(b)
No land use application shall be deemed complete,
nor shall any demolition permit be granted, without proper notice
evidenced by a copy of the letter and certified receipt filed with
the applicable municipal agency.
(3)
Time for notice. In the case of a land use application,
an applicant must provide such notice as part of the land use board’s
application checklist. In the case of a demolition permit, such notice
must be provided not less than 30 days prior to the proposed demolition.
(4)
The applicant shall permit the Historic Preservation
Commission to access the subject property for documentary purposes.
The Historic Preservation Commission may waive the thirty-day notice
requirement and/or access to the site or structure provided that such
waiver is provided by the Commission in writing to the applicant.
(5)
The Historic Preservation Commission shall provide
its findings and recommendations to the pertinent municipal agency
prior to the issuance of any approval or demolition permit. The Historic
Preservation Commission shall have not less than seven, but not more
than 14 days from the date of its receipt of the notice set forth
in this subsection to provide such findings and recommendations.
If the Historic Preservation Commission has no concerns with the
proposed demolition, then the demolition permit shall be issued.
(6)
Where the Historic Preservation Commission raises
concerns with the proposed demolition of a historic structure, and
the matter is not the subject of a land use application, the matter
shall be referred to the Planning Board before a demolition permit
shall be issued. The Planning Board shall consider the matter at
its next occurring meeting, provided at least 10 days have elapsed
between the issuance of the Historic Preservation Commission report
and such Planning Board meeting. The matter may be carried or postponed
with the consent of the applicant. Should the applicant fail to consent
to a reasonable request by the Planning Board to postpone or carry
the matter, the Planning Board’s adoption of the Historic Preservation
Commission’s recommendations shall not be deemed to be arbitrary
or capricious. The applicant shall post such escrows as the Planning
Board believes is necessary for a full and fair determination of the
matter. The applicant shall not be required to provide any public
notice for such hearing. The Planning Board shall notify the Historic
Preservation Commission within five days of the scheduling of the
hearing.
(7)
The findings and recommendations of the Historic Preservation
Commission shall not be binding upon the Planning Board, but shall
be considered by the same. The Planning Board shall consider the
historic value of the subject structure, the recommendations made
by the Historic Preservation Commission, and the costs in resources,
including time and money, to the applicant if the Historic Preservation
Commission recommendations are followed. The applicant may be required
to provide such sums as are necessary to document and/or preserve
the historic structure. The Planning Board shall balance the above
considerations and shall attach such reasonable conditions to the
issuance of a demolition permit as it feels is reasonable and necessary.
(8)
Any applicant who disputes the decision of the Planning
Board shall have the right to appeal to the Township Council within
10 days of the rendering of the Planning Board decision by the filing
of a letter or notice of appeal with the Township Clerk. The Township
Council shall conduct a hearing at the next occurring Council meeting
after the filing of the appeal. The Council may take new testimony
with regard to the subject application and shall have the right to
modify or overturn the Planning Board decision on the affirmative
vote of a majority of the membership of the Township Council. Any
decision of the Township Council may be appealed to the Superior Court
via an action in lieu of prerogative writ.
(9)
For the purposes of this subsection, "historic structure"
shall be defined as any man-made structure which has been designated
as a site of historic, archaeological, cultural, scenic or architectural
significance at the national, state or local level.
[Amended 7-18-2007 by Ord. No. 927-07]
B.
Powers and duties. The Clinton Township Sewerage Authority
hereby created is a sewerage authority as contemplated and provided
for by the Sewerage Authorities Law and shall have and exercise all
of the powers and perform all of the duties provided for by the Sewerage
Authorities Law and any other statutes applicable thereto.
C.
Compensation for services. Members of the Clinton
Township Sewerage Authority may receive from the Authority compensation
for their services as members, within the limitation hereby stated,
that no member shall receive in excess of $1,000 per annum.
D.
Filing of copy. A copy of this section, duly certified
by the Municipal Clerk, shall forthwith be filed in the office of
the Secretary of State of the State of New Jersey.
[Amended 5-14-2008 by Ord. No. 959-08; 12-8-2002 by Ord. No. 802-02; 3-12-2014 by Ord. No. 1054-14; 8-10-2016 by Ord. No. 1090-16]
A.
Findings.
The voters of the Township of Clinton approved a referendum which
recommended the creation of an Open Space Trust Fund for the acquisition
and preservation of open space within the Township; and an Open Space
Advisory Committee would be of substantial help to the Township to
carry out the intents and purposes of an Open Space Trust Fund.
B.
Establishment.
There is hereby established an Open Space Advisory Committee which
shall consist of six regular members and two alternate members whose
terms and duties are hereinafter set forth.
C.
Membership.
(1)
The Open Space Advisory Committee shall be appointed by the Mayor
with approval of the rest of the Township Council and shall be comprised
of the following persons:
(2)
Alternate members. Two citizens of the Township of Clinton to be
identified as Alternate No. 1 and Alternate No. 2 shall also be appointed
by the Mayor with approval from the rest of the Council. Alternate
members may participate in discussions but may not vote except in
the absence or disqualification of a member.
D.
Terms
of office; remuneration.
(1)
The term for the Township Council, Planning Board and Environmental
Commission members of the Committee shall be one year.
(2)
The term for the three citizen members of the Committee shall be
two years, and their terms shall be staggered such that two citizen
members are appointed in one year, and the following year one citizen
member is appointed.
(3)
The term for alternate members shall be two years, and their terms
shall be staggered.
(4)
A vacancy occurring other than by expiration of the term shall be
filled for the unexpired term only.
(5)
Members shall serve without remuneration.
E.
Duties
of the Open Space Advisory Committee.
(1)
The Committee shall compile and maintain a list of eligible open
space properties in the Township.
(2)
The Committee shall submit to the Township Council annually, or on
a more frequent basis, a prioritized list of properties which it recommends
that the Township acquire and/or properties for which it recommends
that permanent easements or development rights be acquired. The Township
Council shall review the list and make a determination as to which
property acquisitions, easements or development rights should be funded,
and appropriate the necessary funds accordingly.
(3)
The Committee shall periodically review the list of potential open
space properties, adding or deleting properties as appropriate.
(4)
The Committee may receive inquiries from landowners seeking information
about open space and farmland preservation programs in the Township
and may solicit information from owners of properties that might be
potential candidates for acquisition or other easements under the
Open Space Trust Fund.
(5)
When requested by the Township Council, the Committee shall draft
a property management plan providing for the development and maintenance
of open space parcels, and, if approved by the Township Council, in
the implementation of the approved property management plan. The Committee
shall also submit an annual status report for each parcel subject
to a property management plan to the Township Council as well as a
summary of the year's activities regarding open space acquisition.
F.
Officers.
The Mayor, with approval of the rest of the Council, shall appoint
from among the members a Chairperson to preside over the Committee's
meetings, and the Committee shall select a Vice Chairperson from its
members to serve as the presiding officer in the absence of the Chairperson.
The Committee shall also select a Secretary whose function shall be
to maintain minutes of the Committee's meetings and records of the
proceedings of the Committee.
G.
Funding
for open space acquisition and maintenance.
(1)
There is hereby established a reserve in the general capital fund
which shall be known and designated as the "Open Space Trust Fund."
A special bank account shall be opened and maintained for this purpose.
Funds from the Open Space Trust Fund may, as directed by the Township
Council, be utilized for the following purposes:
(a)
The acquisition of lands for recreation and conservation purposes;
(b)
The acquisition of farmland for farmland preservation purposes;
(d)
The development and/or maintenance of all lands or interests therein acquired for all recreation and conservation purposes, provided that not more than 50% of the annual open space tax levy, as set forth in Subsection G(2) below, may be set aside annually for said development and/or maintenance purposes. As used herein, the word "development" means "any improvement to land acquired for recreation and conservation purposes designed to expand and enhance its utilization for those purposes."
[Amended 4-11-2018 by Ord. No. 1111-18]
(2)
The Open Space Trust Fund shall be funded through the dedication
to the fund of an amount of $0.02 per $100 of the assessed value of
real property located within the Township. The Trust Fund shall also
be permitted to accept donations and testamentary bequests. Any and
all interest accruing on the Fund shall be placed back into the Open
Space Trust Fund.
(3)
The Mayor and Council shall annually determine by resolution what
portion of the Trust Fund monies (not to exceed 50%) to allocate that
year toward the development and maintenance of lands or interests
therein acquired for recreation and conservation purposes, except
that nothing herein shall preclude the Mayor and Council from amending
said allocation as needed to address unanticipated expenditures. Prior
to adopting said resolution, the Mayor and Council shall solicit the
input of the Open Space Advisory Committee and provide opportunity
for public comment on the proposed allocation.
[Added 4-11-2018 by Ord.
No. 1111-18]
H.
Sale
of property.
(1)
No property acquired with funds from the Open Space Trust Fund shall
be leased or sold, unless such action has been prescribed by law.
(2)
The Township Council, after at least one public hearing thereon and
a finding that the purposes of this section might otherwise be better
served or that any land acquired by the Township pursuant to this
section is required for another public use, may convey, by ordinance,
through sale, exchange, transfer or other disposition, title to or
a lesser interest in that land, provided that the Township shall replace
any land conveyed under this section by land of at least equal fair
market value and of reasonably equivalent usefulness, size, quality
and location to the land conveyed. Any money derived from the conveyance
shall be deposited in the Open Space Trust Fund.
(3)
Any conveyance made pursuant to this subsection shall be in accordance
with the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.).
In the event of conveyance by exchange, the land or improvements thereon
to be transferred to the trust shall be at least equal in fair market
value and of reasonably equivalent usefulness, size, quality and location
to the land or improvements transferred.
[Added 5-14-2003 by Ord. No. 816-03; amended 12-9-2015 by Ord. No. 1078-15]
A.
Establishment,
members, appointment, terms.
(1)
There is hereby established within the Township the Cable Advisory
Committee which shall be comprised of five members. All members shall
serve for a terms of three years.
(2)
The Cable Advisory Committee shall be constituted on an as-needed
basis when a current cable television ("CATV") franchise agreement
is expiring.
(3)
A member of Council shall be appointed by the Mayor at the annual
reorganization meeting to serve as the Chairperson of the Cable Advisory
Committee. The other four members of the Cable Advisory Committee
shall be appointed by the Mayor with the advice and consent of the
Council. Vacancies, other than by the expiration of the terms, shall
be filled in the manner prescribed herein, but only for the balance
of the unexpired term.
(4)
The Cable Advisory Committee shall be disbanded within one year of approval of a new or renewed cable franchise agreement. Upon disbanding, the Council may appoint one of its members or a Township employee to serve as the Township's liaison to the CATV franchise holder(s) and assume other relevant duties and responsibilities established under Subsection C below.
B.
Organization
and meetings.
C.
Duties
and responsibilities.
(1)
The Committee shall make recommendations to the Mayor and Council
and to other Township committees, boards and bodies with respect to
any matters relating to CATV, Internet service and video facilities
within the Township or County of Hunterdon. The Committee shall make
annual reports of its activities with recommendations to the Mayor
and Council, and at such other times as the Mayor and Council shall
request. Finally, the Committee shall act as liaison between the Township
and other entities involved in municipal CATV, Internet service and
video facilities, in the Township, including the Township's cable
franchise holder(s).
(2)
Review the municipal CATV franchise(s) in the Township and see to
the compliance thereof by the franchise holder(s).
(3)
Encourage and promote the full utilization of the municipal CATV
system resources by various public bodies, citizen organizations and
the general public.
(4)
Encourage and coordinate the use of all available technical equipment
and expertise needed by the public and private organizations and private
individuals to produce municipal CATV programs.
(5)
Examine all possible means of contracting public and private funding
which would enhance the public's opportunity to fully benefit from
the use of the municipal CATV system.
(6)
Propose appropriate procedures for the municipal CATV franchise holder
regarding the scheduling and programming of municipal government and
educational channels. Any procedures should be so designated as to
facilitate the free and open use of these channels and should not
be in conflict with any existing or future local, state or federal
regulations regarding the public use of the municipal CATV system.[1]
(7)
Serve as an advisory body to the Mayor and Council and to the municipal
CATV system franchise holder(s) in resolving disputes and citizen
complaints relating to the service of public access channels, municipal
or educational channels of the municipal CATV system.
(8)
Prepare an annual operation report to the Mayor and Council in cooperation
with the franchise holder(s) as to the status and progress of the
municipal CATV system(s) for the previous 12 months.
(9)
Recommend any changes and improvements in the system(s), provided
that these changes are acceptable to the Mayor and Council as well
as the franchise holder(s).
(10)
Ascertain the opinions and desires of Township residents and subscribers
on all aspects of the CATV system(s).
(11)
Perform all duties, functions and responsibilities delegated to the
Cable Advisory Committee in the Municipal Consent Ordinance ("MCO")
which was the basis for the approval of any franchise agreement, including,
but not limited to:
(a)
Monitoring coverage in the primary service area and ensuring
that the system extension occurs and line extension policy is enforced
all as provided in the MCO.
(b)
Monitoring the quality and timeliness of the system rebuild
in accordance with the MCO.
(c)
Collaborating with the franchise holder(s) and the Clinton Township
Board of Education regarding the development of access channels and
the acquisition of equipment in accordance with the MCO.
(d)
Development of curriculum for access channel training in accordance
with the MCO.
(e)
Development and selection of programs and events appropriate
for production on the local origination channel in accordance with
provision of the MCO.
(f)
Collaborate with the franchise holder(s) in developing institutional
networks in accordance with the MCO.
(g)
Ensure quality customer service through quarterly meetings with
the franchise holder(s), communication of consumer complaints and
franchise holder(s) responses thereto, and receiving consumer reports
of customer complaints maintained by the Office of Cable Television
in accordance with the MCO.
(h)
Development of customer surveys in accordance with the MCO.
(i)
Monitoring to ensure broad categories of programming in accordance
with the MCO.
(j)
Such other actions and activities reasonably implied from a
reading of the MCO to ensure compliance by the franchise holder(s)
and the receipt of all expected services by Clinton Township residents.
(12)
Assist the Mayor and Council relative to the negotiation of any MCOs.
(13)
Furnish all other information, advise and take all other actions
as requested by the Mayor and Council.
[Added 4-9-2008 by Ord. No. 958-08]
In addition to the fees set forth in this Code,
the following fees shall be charged by the Township:
