*The form of government of East Windsor is Council - Manager Plan "E", governed by R.S. 40:69A-114.1, 40:69A-144.5; R.S. 40:69A-26-30; R.S. 40:69A-150-210; R.S. 40:69A-86-98.
Other relevant statutory material is contained at R.S. 2A:8-1 et. seq., Municipal Court, R.S. 40:55D-1 et. seq., Board of Adjustment; R.S. 40:55D-1 et seq., Planning Board; and R.S. 40:14A-1 et seq., Municipal Utilities Authority. The general police power to the municipality is contained in R.S. 40:48-2.
This chapter shall be known and may be designated as the Administrative Code.
2-2.1 General Powers. All powers of the municipality and the determination of all matters of policy shall be vested in the municipal council, except as otherwise provided by the Charter, general law or the Administrative Code.
2-2.2 Selection of Mayor. At the annual organizational meeting, the members of the township council will assemble at a place designated in December of each year by resolution of the governing body of the township and organize and elect one the councilmen as mayor. The mayor shall be chosen by ballot by majority vote of all members of the township council.
2-2.3 Selection of Deputy Mayor. At the annual organizational meeting, the members of the township council shall select one of the councilmen as deputy mayor. The deputy mayor shall be chosen by ballot by majority vote of all members of the township council. The deputy mayor shall preside at all meetings of the township council in the absence of the mayor and have such other powers and duties as are vested in him by this chapter or by resolution adopted by the council.
2-2.4 Powers and Duties of the Mayor. The mayor shall have only such powers and duties as mayor as are expressly vested in him by this chapter or by general law. The mayor shall preside at all meetings of the township council and shall have a voice and vote in its proceedings. In the absence of the mayor, the deputy mayor shall call the council to order. Upon the arrival of the mayor or deputy mayor, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council. All bonds, notes, deeds, contracts and written obligations of the township shall be executed on its behalf by the mayor or, in the event of his inability to act, the deputy mayor or such councilman as the township council shall designate to act as mayor during their absence or disability.
2-2.5 Council Procedures.
a. Organizational Meeting. The council shall hold an annual organizational meeting on January 1, at 12 o'clock noon or during the first seven days of January in any year.
b. Regular Meetings. Regular meetings shall be held in accordance with the rules set forth in section 2-2A of the Township Administrative Code. Any regular meeting may be adjourned to such time and place within the township as the council may direct by resolution.
c. Special Meetings. The mayor may at any time, and upon written request of any three council members must call a special meeting. The call for such a special meeting shall specify the purpose of the meeting and no other business shall be transacted at any such special meeting. The mayor's call for such a special meeting shall be filed with the clerk at least 48 hours prior to the time for which the meeting is called. The clerk shall forthwith provide notice as set forth in section 2-2A and shall also give notice by telephone or telegraph to each council member at such place as each member shall have previously designated for that purpose. The clerk shall further cause the township police to serve a written copy of the call for a meeting upon each council member by delivery of a copy to his usual place of abode at least 48 hours before the time set for such meeting. Proof of delivery of such written notice shall be announced at the commencement of any such meeting.
d. Quorum. A majority of the full membership of the township council shall constitute a quorum to do business but a lesser number than a quorum may adjourn any meeting. If no member of the council is present one half hour after the appointed time, the clerk shall adjourn the meeting.
e. Procedures and Conduct of Meetings. Order of business, agenda, conduct of meetings, procedure, decorum, and any and all matters pertaining to the functions of the council and the carrying out of township business at regular and special meetings shall be determined and prescribed by resolution of the council.
f. Governing Rules. Except as may be provided in the Charter and the Administrative Code, questions of order, methods or organization and the conduct of business of the council shall be governed by the latest revised edition of Robert's Rules of Order.
g. Agenda. The agenda for each meeting shall be prepared by the clerk in accordance with regulations adopted by resolution of the council each year. Such regulations shall conform to the Open Public Meetings Act (N.J.S.10:4-6 et seq.)
2-2A.1 Definitions. As used in this chapter.
a. "Township body" shall mean any body established by ordinance of the Township of East Windsor pursuant to State law as a multi-member voting body.
b. "Meeting" shall mean and include any gathering whether corporeal or by means of communications equipment which is attended by or open to all of the members of a township body and held with the intent on the part of the members of the body present to discuss or act as a unit upon the public business of that body.
c. "Public business" shall mean and include all matters which relate in any way directly or indirectly to the performance of the township bodies' functions or the conduct of its business.
d. "Adequate notice" shall mean written advance notice of at least 48 hours, giving the time, date, location and to the extent known, the agenda of any regular, special, or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be (1) prominently posted in at least one public place reserved for such or similar announcements, (2) mailed, telephoned, telegrammed, or hand delivered to at least two newspapers shall be designated by the township body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the township body of such meetings, one of which shall be the official newspaper.
2-2A.2 Adequate Notice of Meetings; Exceptions.
a. Except as provided by subsection b. of this section or for any meeting limited only to consideration of items listed in section 2-2A.4"b", no township body shall hold a meeting unless adequate notice thereof has been provided to the public.
b. Upon the affirmative vote of three-quarters of the members present, a township body may hold a meeting notwithstanding the failure to provide adequate notice if:
1. Such meeting is required in order to deal with matters of such urgency and importance that a delay for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest; and
2. The meeting is limited to discussion of and acting with respect to such matters of urgency and importance; and
3. Notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place described in subsection 2-2A.1d, and also by notifying the two newspapers described in section 2-2A.1d by telephone, telegram, or by delivering a written notice of same to such newspapers; and
4. Either (a) the township body could not reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided; or (b) although the township body could reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided, it nevertheless failed to do so.
2-2A.3 Meeting Notice. At the commencement of every meeting of a township body, the person presiding shall announce publicly, and shall cause to be entered in the minutes of the meeting, an accurate statement to the effect:
a. That adequate notice of the meeting has been provided, specifying the time, place and manner in which such notice was provided; or
b. That adequate notice was not provided, in which case such announcement shall state:
1. The nature of the urgency and importance referred to in subsection 2-2A.2b1 and the nature of the substantial harm to the public interest likely to result from a delay in the holding of the meeting;
2. That the meeting will be limited to discussion of and acting with respect to such matters of urgency and importance;
3. The time, place, and manner in which notice of the meeting was provided; and
(a) That the need for such meeting could not reasonably have been foreseen at a time when adequate notice could have been provided, in which event, such announcement shall specify the reason why such need could not reasonably have been foreseen; or
(b) That such need could reasonably have been foreseen at a time when adequate notice could have been provided, but such notice was not provided, in which event the announcement shall specify the reason why adequate notice was not provided.
2-2A.4 Meetings Open to the Public; Exceptions Stated.
a. Except as provided by paragraph b of this section, all meetings of township bodies shall be open to the public at all times. Nothing in this act shall be construed to limit the discretion of a township body to permit, prohibit or regulate the active participation of the public at any meeting.
b. A public body may exclude the public only for that portion of a meeting at which the township body discusses:
1. Any matter which, by express provision of Federal law or State statute or rule of court shall be rendered confidential or excluded from the provisions of subsection a of this section.
2. Any matter in which the release of information would impair a right to receive funds from the Government of the United States.
3. Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a township body pertaining to any specific individual admitted to or served to such institution or program, including but not limited to information relative to the individual's personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.
4. Any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement, including the negotiation of the terms and conditions thereof with employees or representatives of employees of the township body.
5. Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.
6. Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law.
7. Any pending or anticipated litigation or contract negotiation other than in subsection 2-2A.4b4 in which the township body is, or may become, a party.
Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.
8. Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the township body, unless all individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting.
9. Any deliberations of a township body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility.
2-2A.5 Resolution Required If Meeting Excludes the Public.
No township body shall exclude the public from any meeting to discuss any matter described in subsection 2-2A.4b until the township body shall first adopt a resolution, at a meeting to which the public shall be admitted:
a. Stating the general nature of the subject to be discussed; and
b. Stating as precisely as possible, the time when and the circumstances under which the discussion conducted in closed session of the township body can be disclosed to the public.
2-2A.6 Minutes of Meetings of Township Body.
Each township body shall keep reasonably comprehensible minutes of all its meetings showing the time and place, the members present, the subjects considered, the actions taken, the vote of each member, and any other information required to be shown in the minutes by law, which shall be promptly available to the public to the extent that making sure matters public shall not be inconsistent with section 2-2A.4.
2-2A.7 Action Taken by a Township Body at a Nonconforming Meeting May Be Declared Void.
a. Any action taken by a township body at a meeting which does not conform with the provisions of this section shall be voidable in a proceeding in lieu of prerogative writ in the Superior Court, which proceeding may be brought by any person within 45 days after the action sought to be voided has been made public; provided, however, that a township body may take corrective or remedial action by acting de novo at a public meeting held in conformity with this section and other applicable law regarding any action which may otherwise be voidable pursuant to this section; and provided further that any action for which advance published notice of at least 48 hours is provided as required by law shall not be voidable solely for failure to conform with any notice required in this section.
b. Any party, including any member of the public, may institute a proceeding in lieu of prerogative writ in the Superior Court to challenge any action taken by a township body on the grounds that such action is void for the reasons stated in subsection a of this section, and if the court shall find that the action was taken at a meeting which does not conform to the provisions of this act, the court shall declare such action void.
2-2A.8 Injunctive Orders To Insure Compliance with this Act.
Any person, including a member of the public, may apply to the Superior Court for injunctive orders or other remedies to insure compliance with the provisions of this act, and the court shall issue such orders and provide such remedies as shall be necessary to insure compliance with the provisions of this section.
2-2A.9 Violation; Penalty.
Any person who knowingly violates any of the foregoing subsections of this section shall be fined one hundred ($100.00) dollars for the first offense and no less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars for any subsequent offense, recoverable by the State by a summary proceeding under the "Penalty Enforcement Law" (N.J.S. 2A:58-1 et seq.). The County District Court of the County of Mercer shall have jurisdiction to enforce the penalty upon complaint of the attorney general or the county prosecutor, but the attorney general or county prosecutor may refer the matter to the public advocate. Whenever a member of a township body believes that a meeting of such body is being held in violation of the provisions of this section, he shall immediately state this at the meeting together with specific reasons for his belief which shall be recorded in the minutes of that meeting. Whenever such a member's objection to the holding of such meeting are overruled by the majority of those present, such a member may continue to participate at such meetings without penalty providing he has complied with the duties imposed upon him by this section.
2-2A.10 Schedule of Regular Meetings To Be Posted.
At least once each year, within seven days following the annual organization or reorganization meeting of a township body, or if there be no such organization or reorganization meeting in the year, then by not later than January 10 of such year, every township body shall post and maintain posted throughout the year in the place described in subsection 2-2A. ld(1) mail to the newspapers described in subsection 2-2A.1d(2), submit to the persons described in subsection 2-2A.1d(3), for the purpose of public inspection a schedule of the regular meetings of the township body to be held during the succeeding year. Such schedule shall contain the location of each meeting to the extent it is known, and the time and date of each meeting. In the event that such schedule is thereafter revised, the township body, within seven days following such revision, shall post, mail and submit such revision in the manner described above.
2-2A.11 Request To Be on Township Body Mailing List; Fees Charged.
Any person may request that a township body mail to him copies of any regular meeting schedule or revision described in subsection 2-2A.10 and any advance written notice described in subsection 2-2A.ld of any regular, special or rescheduled meeting of such body, and upon pre-payment by such person of a reasonable sum, if any has been fixed by resolution of the township body to cover the costs of providing such notice, the township body shall mail to such person written advance notice of all of its meetings within the time prescribed by subsection 2-2A.ld herein, subject only to the exceptions set forth in subsection 2-2A.2b herein. Such resolution may provide that notice requested by the news media shall be mailed to such news media free of charge. All requests for notices made under this section shall terminate at midnight on December 31 of each year, but shall be subject to renewal upon a new request to the township body.
2-3.1 Appointment and Qualifications of Manager. The township council shall choose a township manager solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of the office as hereinafter set forth. At the time of his appointment, the township manager need not be a resident of the township or state, but during his tenure of office he may reside outside of the township only with the approval of the council. The township manager shall hold office for an indefinite term and may be removed by a majority vote of the council pursuant to the Charter.
2-3.2 Absence or Disability of Manager. The manager may designate a qualified administrative officer of the township to perform his duties during his temporary absence or disability. In the event of his failure to make such a designation, the council may by resolution appoint an officer of the township to perform the duties of the manager during such absence or disability, until he shall return or his disability shall cease.
2-3.3 General Powers and Duties. The manager shall be the chief executive and administrative officer of the township. He shall see that all ordinances, resolutions and policies of the council, and all state laws subject to enforcement by municipal action, are faithfully enforced and executed. He shall:
a. Represent the township and assert its proper interests in relation to the state and other political subdivisions, and with respect to municipal contracts and franchises.
b. Attend all meetings of the council with the right to take part in the discussions, but without the right to vote.
c. Keep the council advised of the financial condition of the township, make reports to the council as requested by it, and at least once a year make an annual report on the administration of the township government for the benefit of the council and the public.
d. Study the governmental and administrative operations and needs of the township government, and prepare and recommend to the council necessary and desirable plans and programs to meet present and foreseeable needs.
e. Perform such other duties as may be required of the township manager by ordinance or resolution of the township council.
2-3.4 Appointment and Personnel Powers. The manager shall:
a. Appoint and remove all department heads and all other officers, subordinates and assistants, other than the clerk, attorney, Class I, Class III and Class IV members of the planning board, the board of adjustment, the municipal judge, the director of welfare, the members of the municipal utilities authority, and members of advisory boards established by this code or by the council. The manager may delegate to the head of a department the power to appoint and remove subordinates in such department. Pursuant to the Charter, any provision of general law conferring the appointing power or other power on the mayor or other executive head of the township shall be construed as meaning the township manager.
Except where otherwise expressly required by the Charter or general law, department heads and subordinate officers and employees subject to appointment by the manager shall be appointed for an indefinite term subject to suspension or removal by the manager. In lieu of appointment the manager may serve as the head of any department or division.
b. Direct and supervise the administration of all departments of the township government and be responsible for the maintenance of sound personnel policies and administrative practices.
c. Approve all bills and vouchers for payment subject to pre-audit and control as provided herein.
d. Maintain a continuing review and analysis of budget operations, work programs and costs of township services.
e. Establish working, personnel, vacation and sick leave schedules and appropriate records and reports.
f. Approve or prescribe the internal organization of each department.
g. Assign and transfer administrative functions, powers and duties among and within departments, subject to the Charter and Administrative Code.
h. Delegate to department heads such of his powers as he may deem necessary for efficient administration.
i. Serve as head of the department of administration and exercise his powers as manager through such department to the extent he deems practicable and desirable.
2-3.5 Office of the Clerk; Appointment and Qualifications.
There shall be an office of the clerk, the head of which shall be the township clerk. The clerk shall be appointed by the council and shall, prior to his appointment, be qualified by training and experience to perform the duties of his office. He shall serve for a term of three years, and shall receive such compensation as shall be provided by ordinance.
2-3.6 Clerk of Council and Committees. The clerk shall serve as clerk of the council. He shall attend all meetings of the council and shall keep the minutes of the proceedings of the council. The minutes of each meeting of the council shall be signed by the officer presiding at the meeting and by the clerk.
2-3.7 Ordinances and Resolutions. The clerk shall record all ordinances in books to be provided for that purpose. After each ordinance he shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the mayor and the clerk who shall attest that it was duly adopted on the dates stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. The clerk shall record all resolutions in the minute book and shall certify each as a true copy of the resolution adopted by the council. Any omission by the clerk or the mayor to so record, sign or certify shall not impair or affect the validity of any ordinance which has been duly adopted.
2-3.8 Custodian of Records. The clerk shall have custody of and safely keep all records, books and documents of the township, except those committed by the Charter or ordinance to any other office or transferred thereto by the manager. He shall, upon request and the payment of the fees prescribed therefor by resolution of the council for the use of the township, furnish a certified copy of any such paper in his custody, under the corporate seal of the township.
2-3.9 Corporate Seal. The clerk shall cause the corporate seal of the township to be affixed to instruments and writings when authorized by ordinance or resolution of the council or when necessary to exemplify any document on record in his office, or to certify any act or paper which, from the records in his office, shall appear to have been a public act of the township or a public document. He shall not affix the seal or cause or permit it to be affixed to any other instrument or writing or other paper unless required by law or ordinance.
2-3.9A Township Seal. The following design is adopted as the official and standard design of the seal of the Township of East Windsor to be used for all authorized and official township purposes:
2-3.10 Insurance, Surety Bonds and Contracts. The clerk, subject to the supervision of the manager, shall:
a. Be the depository for and custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond which shall be placed in the custody of the treasurer; of all insurance policies upon or with respect to risks insured for the benefit of the township or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the township may be a party.
b. Be the depository for and custodian of all performance bonds running to the township as obligee, or any other form of security, given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the township, except that in the case of cash deposited as security, he shall make appropriate arrangements for its investment for the benefit of the township with the treasurer.
c. Have custody of all leases and deeds of property owned by the township.
d. Report to the manager annually, at such time as he may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
2-3.11 Administrative Rules and Regulations; Filing and Publication. No rule or general regulation made by any department, officer, agency or authority of the township, except such as relates to the organization or internal management of the township government or a part thereof, shall take effect until it is filed with the township clerk. The clerk shall maintain a current compilation of all such rules and regulations which shall be available for public inspection in his office during business hours.
2-3.12 Other Laws and Ordinances. In addition to such other functions, powers and duties as may be prescribed by the Charter and ordinances, the clerk shall:
a. Perform all the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.
b. Administer the provisions of the township ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the clerk, including dog licenses.
c. Perform all functions of the administrative officer, meaning the municipal clerk, as required by the Municipal Land Use Law (N.J. Laws 1975 Ch. 291 as amended, N.J.S.A. 40:55D-1 et seq.) unless a different municipal official or officials are designated by ordinance or statute.
d. Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance, or resolution, or delegated to him.
2-3.13 Deputy Clerk.
a. There may be a deputy clerk(s) of the township who would be appointed by a majority of the full authorized membership of the council and serve at the pleasure of the council. The initial appointment will be for a probationary period of six months or as further extended in accordance with the East Windsor Personnel Policy.
b. The deputy clerk shall be evaluated semi-annually by the municipal clerk in accordance with East Windsor Township Personnel Policy and shall also be evaluated no less than once during each calendar year by the township council.
c. The deputy clerk shall work under the supervision of the municipal clerk and, in the absence of the municipal clerk, perform all the duties of the clerk.
2-3.14 Attorney; Appointment. The attorney shall be appointed by the council by a majority vote of its members for the term of one year, from the first day of January and until his successor has been appointed and qualified. He shall be an attorney-at-law of New Jersey, but need not be a resident of the township. In lieu of appointing an individual attorney, the council may appoint a firm of attorneys, all of whose members shall be attorneys-at-law of New Jersey.
2-3.14A Prosecutor; Appointment. There shall be a municipal court prosecutor appointed annually by the council. He shall be an attorney at law of the State of New Jersey, but need not reside in the township. He shall serve under the general direction of the township council and he shall conduct prosecutions for crimes and offenses cognizable by the municipal court of the township, including violations of the township, complaints of any department under State law, and prosecute appeals taken as a result of convictions obtained in the municipal court by virtue of complaints on municipal ordinances.
2-3.15 Powers and Duties. The attorney shall have such powers and perform such duties as are provided for the office of township attorney by general law or ordinances of the township. He shall represent the township in all judicial and administrative proceedings in which the township or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the manager, council or any member thereof, and shall in general serve as the legal advisor to the council and manager on all matters of township business. In furtherance of such general powers and duties, but without limitation thereto, the township attorney shall:
a. Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the township.
b. With the approval of council, conduct appeals from orders, decisions or judgments affecting any interest of the township as he may in his discretion determine to be necessary or desirable, or as directed by council.
c. Subject to the approval of the council, have the power to enter into any agreement, compromise or settlement of any litigation in which the township is involved.
d. Render opinions in writing on any question of law submitted to him by the manager, council, or any member thereof, with respect to their official powers and duties, and shall perform such duties as may be necessary to provide legal counsel to the council and manager in the administration of township affairs.
e. Supervise and direct the work of such additional attorneys and technical and professional assistants as the council may authorize for special or regular employment in or for the township.
f. Attend all public meetings of the council and all other meetings when directed by the council.
g. Act as prosecutor in the municipal court in cases not assigned to the municipal court prosecutor.
2-3.16 Records and Papers. All papers, documents, memoranda, reports, and all other materials relating to the administration of the legal duties of the attorney shall be and remain the property of the township. Upon the termination of his services with the township, the attorney shall forthwith surrender to any successor all such property, together with a written consent to substitution of any successor in all legal actions and proceedings then pending to which the township is a party.
2-3.17 Public Defender; Appointment.
a. There shall be a municipal court public defender appointed annually by the council. He shall be an attorney-at-law of the State of New Jersey, but need not reside in the township. He shall serve under the general direction of the council and he shall provide all necessary and desirable legal counsel and advice required for the defense of cases in the municipal court of the township on behalf of those indigent defendants who are entitled by law to appointment of counsel.
b. A person applying for representation by the public defender shall be required to pay an application fee of two hundred ($200.00) dollars. The Municipal Court may waive the required application fee, in whole or in part, if the court determines, in its direction, that the application fee represents an unreasonable burden upon the person seeking representation.
2-4.1 Departments, Boards and Commissions. There shall be the following departments, boards and commissions in the township:
1. Department of Administration.
2. Department of Finance.
3. Department of Law.
4. Department of Public Works.
5. Fire Department.
6. Police Department.
7. Department of Health.
8. Department of Welfare.
9. Department of Inspections.
b. Boards and Commissions.
1. Municipal Court.
2. Planning Board.
3. Board of Adjustment.
4. Municipal Utilities Authority.
5. Recreation Commission (Advisory).
6. Health Board (Advisory).
7. Shade Tree Commission (Advisory).
8. Economic Development Committee (Advisory).
2-4.2 Powers and Duties of Department Heads. The head of a department, subject to the Charter and Administrative Code and the approval or direction of the manager, shall:
a. Prescribe the internal organization of the work of his department.
b. Direct and supervise the subordinate officers and employees of the department, and make, alter and enforce individual work assignments.
c. Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.
d. Maintain such records of work performance and unit costs thereof as may be approved or required by the manager.
e. Provide such information and reports on the work of the department as may from time to time be required by the manager.
f. Exercise such other or different powers of administrative supervision and direction as the manager may delegate to him.
2-4.3 Boards and Commissions; Membership, Vacancy. Members of all multimember boards and commissions shall serve for the terms set forth in this code, respectively, unless any such member:
a. Shall cease to reside in the township; or
b. Shall be removed from office pursuant to any section of the Revised General Ordinances; or
c. For any reason set forth in N.J.S. 40A:9-12.1.
Upon the occurrence of any vacancy, the vacant position shall be filled for the unexpired term unless otherwise provided by law.
2-4.4 Status of Advisory Board Members. The members of any board or commission: (1) which was created solely by township ordinance without specific State or Federal legislation requiring or enabling such creation; and (2) the duties and functions of which are purely advisory or recommendatory in nature, shall not be deemed to be officers, officials or employees of the township except for the following purposes:
-Section 2-2A - Meetings of Township Bodies.
-Subsection 2-23 Removal of Members of Boards, Agencies and Commissions.
-Section 4-9 Code of Ethics.
-that section of the Revised General Ordinances establishing the board or commission in question and setting forth the duties thereof.
2-5.1 Director. The manager shall be the director of the department of administration. Within the department of administration there shall be a division of purchasing, the head of which shall be the township purchasing agent.
2-5.2 Purchasing Procedures.
a. General. All purchases shall be made in accordance with the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.) and all regulations promulgated pursuant thereto.
b. Contracting Agent. Pursuant to N.J.S. 40A:11-2(3) the Township Manager is hereby designated as contracting agent for the township. As contracting agent the manager shall:
1. Pursuant to N.J.S. 40A:11-3 enter into contracts on behalf of the township for the performance of any work or the furnishing of any materials or supplies the total cost of which is less than four thousand five hundred ($4,500.) dollars.
2. Prepare specifications for and advertise for the receipt of bids for, and receive and review such bids for, such items as are authorized for purchase in the annual budget as approved and are required by law to be purchased based upon sealed bids received after public advertising therefor pursuant to N.J.S. 40A:11-4.
c. Bid Advertising.
1. The manager shall transmit the text of specifications for bids and a date for advertisement therefor to the township clerk who shall advertise for and receive bids at the place, time and date specified in the advertisement therefor in the manner provided by N.J.S. 40A:11-2(3). The clerk shall further make copies of the specifications available for the information of the township council.
2. Any bid received shall be deemed to be received by the clerk conditionally, pending full examination as to legal form and compliance with all requirements set forth in the specifications.
3. After examination as to form all bids shall be reviewed by the manager who shall submit to the township council a written recommendation as to which bidder should be awarded the contract by the township council pursuant to the Local Public Contracts Law.
d. Purchasing Procedures. Purchases shall be authorized only upon requisition of a department head, which requisition shall be made to the manager at such times and in such form as he may prescribe or approve, and such requisition shall incorporate a certification of the treasurer that a sufficient balance of appropriations is available in the account against which the requisition is being charged to pay therefor. The manager may by administrative regulation permit limited purchasing without requisition.
e. Standards and Tests. The manager or his designee shall establish and approve uniform standards for requisitions and purchases; shall control the delivery of all supplies, materials and equipment and other items purchased, and shall make or cause to be made proper test checks and inspections thereof. He shall ascertain whether the supplies, materials, equipment and other items purchased comply with the specifications, and shall cause laboratory or other tests to be made whenever it is necessary in his opinion to determine whether the materials or supplies furnished are of the quality and standard required, and shall accept or reject the deliveries in accordance with the results of his inspection.
f. Joint Purchasing with Mercer County.
1. Findings and Purpose. The mayor and council of the township find that economies in the purchase of work, materials and supplies may be expected through the township's participation in large-volume purchasing on behalf of two or more public agencies. It is therefore the purpose of this chapter to achieve such economies by authorizing the township to participate in such purchasing pursuant to R.S. 40A:11-10 et seq.
2. Joint Purchasing Agreement Authorized. The township hereby agrees with the County of Mercer that the purchase of work, materials and supplies for use by their respective jurisdictions and by such other contracting units as shall lawfully enter into similar agreement shall be accomplished under the following terms and conditions:
(a) This agreement shall apply only to such work, materials and supplies, which shall conform to such specifications, as shall from time to time by resolution be designated by the county and approved by the township.
(b) The county shall cause advertisements for bids to be made as required by law and shall receive and open bids and notify the township of the amounts thereof. All administrative costs incurred by the county in connection therewith, including the cost of advertising, shall be borne by the county without reimbursement from the township.
(c) The township shall award contracts for work, materials and supplies for its own use, and such awards shall be to the same successful bidders at the same net unit prices as are awards by the county for the county's requirements. However, the township shall have the right, after receiving notice of the bids in any instance, not to make any award thereon and to purchase its requirements from any other source and in any other lawful manner.
(d) All payments for work, materials and supplies for the township's own use shall be made directly to the suppliers by the township in accordance with awarded contracts, and the county shall not be liable for any such payment.
(e) All contracts shall be subject to all applicable terms and conditions of R.S. 40A:11-1 et seq.
g. Cooperative Pricing Agreement.
1. This ordinance shall be known and may be cited as the Cooperative Pricing Ordinance of the Township of East Windsor.
2. Pursuant to the provisions of N.J.S. 40A:11-11 (5), the mayor and clerk are hereby authorized to enter into a cooperative pricing agreement with the County of Mercer (hereafter referred to as the Lead Agency) or any other contracting unit within the County of Mercer or adjoining counties for the purchase of work, materials and supplies.
3. The lead agency entering into contracts on behalf of the township shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S. 40A:11-1 et seq.) and all other provisions of the Revised Statutes of the State of New Jersey.
2-5.3 Township Budget. The township budget shall be prepared by the manager.
a. Budget Requests. During the month of September the manager shall require each department head to prepare departmental budget requests for the coming fiscal year. During the month of November such departmental requests shall be submitted and the manager shall hold public hearings on same.
b. Budget Document. Upon the basis of the departmental requests, the budget hearings, his analysis of the needs and resources of the township and such policy guides as may be prescribed by resolution of the council, the manager shall prepare his recommended budget in the form required by general law for township budgets. On or before January 15th in each year the manager shall present to the council his budget document consisting of:
1. The recommended budget; and
2. A budget message.
c. Budget Message. The budget message shall consist of such explanatory comments, exhibits and schedules concerning the budget as the manager or the council may deem desirable, together with:
1. An outline of the proposed financial policies for the ensuing budget year, including explanations of the important features of the budget and of any major changes in policy.
2. An analysis of revenue and costs, and of work performance contemplated by the budget so far as appropriate units of measurement may have been developed and installed.
3. A statement of pending capital projects and proposed new capital projects relating the amounts required for capital purposes to the down payments and other expenditures financed from current appropriations and to the amount of bonds to be issued during the budget year.
4. A capital program of proposed capital projects for the budget year and the next five years, which may be prepared with the assistance of the planning board, together with his comments thereon and estimates of cost. The capital budget shall be prepared in September as required by the State Division of Local Finance.
2-6.1 Department Established; Director. There shall be a department of finance, the head of which shall be the director of finance. He shall be appointed by the manager and shall be qualified by training and experience in municipal budgeting, accounting and finance. The director shall be the chief financial officer of the township; supervise the work of the department and its divisions; be responsible for the accounting, pre-auditing and control of all revenues and expenditures; be responsible for the custody, receipt and disbursement of township funds; supervise and perform the work involved in the negotiation of loans and the sale of bonds; be responsible for the safety and investment of township funds, the management of the township debt, the development of financial policies for recommendation to the manager, and the safeguarding of the township's financial interests to the fullest extent.
2-6.2 Division of Accounts and Control. Within the department of finance there shall be a division of accounts and control, the head of which shall be the comptroller. Under the supervision and direction of the director of finance, the comptroller shall:
a. Develop, maintain and enforce a uniform system of accounts, including forms, standards and procedures for all departments of the township government. Any uniform system of accounts shall include appropriate provision for such records and reports as may be prescribed or approved by the finance director for the determination of the cost of performance of each functional program or activity, measured in such work units as may be appropriate thereto, and for such data, records and reports as may be prescribed or approved by the finance director for the preparation and execution of a budget for the expenditure of public funds for capital purposes to give effect to general improvement programs.
b. Maintain and operate the township's central bookkeeping and accounting records according to sound accounting principles and in accordance with the requirements of the Director of the State Division of Local Finance.
c. Audit all receipts and disbursements of the township government and of each of its departments, and pre-audit all bills, claims and demands against the township, including payrolls, and require each department head to certify that any materials, supplies or equipment have been received and accepted as specified and that the services have been duly rendered.
d. Control all expenditures to assure that budget appropriations are not exceeded and maintain such books and records as may be required for the proper exercise of such budgetary control.
e. Review each proposed expenditure and commitment to be made on behalf of any department for conformity with State law, the Charter and ordinances of the township, and authorize only such expenditures and commitments as conform with all the requirements of the Administrative Code.
f. Maintain and operate the central payroll system, and all social security, pension, insurance and other benefit records for personnel of all departments.
g. Devise, install and supervise a perpetual inventory of unissued stores of the township and install an accounting system whereby the status of such inventories will be maintained currently. Supervise a physical inventory periodically. Supervise the making of inventory lists of furniture and equipment by every officer, department and other agency having possession of township-owned property. Devise a system of inventory records to account for all furniture and equipment, and supervise a periodic counting of such furniture and equipment.
h. Submit a monthly report of expenditures and balances to the council and manager through the finance director.
2-6.3 Division of Tax Assessments. Within the department of finance, for administrative purposes, there shall be a division of assessments, the head of which shall be the tax assessor. The tax assessor shall be appointed by the council to serve for a four-year term from July 1 next following his appointment.
He shall have, perform and discharge all the functions, powers and duties prescribed for assessors by general law and municipal ordinance. Prior to his appointment, the assessor shall be qualified by training or experience, or a combination thereof, in the valuation and assessment of real and personal property. The division shall:
a. Have, perform and discharge all the qualifications, functions, powers and duties prescribed by law for a municipal assessor.
b. Make assessments for benefits for local improvement, and for that purpose have and exercise the powers and duties of a board of assessment for local improvement as provided by law.
c. Maintain adequate assessment records for each separate parcel of real property assessed or exempted.
d. Maintain a current tax map of the township as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by the code.
e. Assign street addresses to all lots in subdivisions as approved by the Township.
f. Report to the council through the manager immediately in writing if he discovers any information or basis which would cause him to alter the assessment of any township property. This requirement shall not apply to added assessments resulting from improvements made to property.
g. Provide to the council through the manager annually, as soon as practicable after receipt of yearly sales data and in no case later than November 15 of every year, an overall detailed written report of assessments and taxation of properties in the township.
2-6.4 Division of Tax Collections. Within the department of finance there shall be a division of tax collections, the head of which shall be the tax collector. The tax collector shall be appointed by the manager for a four-year term commencing on January 1 of the year of his appointment as provided by law. He shall have, perform and exercise all the functions, powers and duties as are provided by general law and ordinance. He shall receive and collect all monies assessed or raised by taxation or assessment for any purpose. He shall keep proper records and report to the director at least once a month all receipts and deposits made by him, and shall in such report account for all monies for which he is responsible. He shall keep a current record of all tax title liens, advising the director promptly as such liens become subject to foreclosure under the law. He shall enforce the payment of delinquent taxes by the means provided by law as soon as they become delinquent. He shall also serve as tax searcher and perform such duties as are prescribed by general law and municipal ordinance. However, the manager may appoint in lieu of the tax collector any qualified person to the position of tax searcher.
2-6.5 Division of the Treasury. Within the department of finance there shall be a division of the treasury, the head of which shall be the township treasurer.
a. Powers and Duties of the Treasurer. The treasurer shall have, perform and exercise all functions, powers and duties as provided by general law and ordinance. He shall:
1. Keep and maintain books and records of all financial transactions of the township in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey.
2. Have custody of all public monies of the township and make monthly reports to the director of finance of all receipts, expenditures, commitments and unexpended appropriations. All monies received from any source by or on behalf of the township or any department, board, office or agency thereof, except as otherwise provided by township ordinance, shall be paid to the treasurer who shall, by the next ensuing bank day after their receipt, deposit them to the credit of the township in the authorized public depository of the township, to the credit of the proper account.
3. Be the certifying agent for the Public Employees Retirement System of New Jersey; Consolidated Police and Firemen's Pension Fund of New Jersey; Police and Firemen's Retirement System of New Jersey; Old Age and Survivors Insurance System; hospitalization, medical surgical and major medical group insurance plans for employees; withholding taxes; U.S. Saving Bonds; employees' unions; and the United Fund Appeals.
4. May aid, under the director of finance, with the work involved in the negotiation of loans and the sale of bonds.
5. Have custody of all investments and invested funds of the township or in its possession in a fiduciary capacity, except as otherwise provided by law, and have the safekeeping of all bonds and notes for transfer, registration or exchange. He shall invest or deposit all monies not required for current operations in interest bearing accounts as may be approved by the division of account and control.
b. Disbursements. Disbursements in payment of bills and demand shall be made by the treasurer upon pre-audit and warrant of the director of finance, approved by the manager; except that payment from the payroll account shall be made pursuant to paragraph (c) below. Every warrant shall be in the form of a warrant-check payable to the order of the person entitled to receive it, and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant-check shall bear the signatures of the manager or acting manager, and the treasurer or acting treasurer.
c. Payroll Account. There shall be an account to be designated as the payroll account, and from time to time the treasurer, upon receipt of a warrant or an amount due such payroll account, shall deposit the same to the credit of the payroll account, charging the appropriate budgetary accounts therewith. Disbursement from the payroll account may be made by payroll checks signed by the treasurer alone, or someone authorized by the manager with the approval of the council to act in the treasurer's stead, pre-audit and warrant of the director of finance and approval by the manager of the entire payroll.
d. Travel Expenses. Itemized claims supported by receipts where available should be presented in order to obtain reimbursement for expenses incurred by local officials were authorized to travel by the township. Travel expenses will be reimbursed only in accordance with the travel regulations of the township.
e. Discounts. Whenever a claim approved by the manager pro-vides for a discount if paid before the date set for the next ensuing regular meeting of council, the manager may draw a warrant on the township treasurer for payment thereof prior to approval by council and cause the same to be paid in time to obtain the discount, provided the debt was incurred within the scope of prior specific or general authority from council, written notice of intention to pay such debt has been filed for public inspection in the office of the township clerk and copies thereof sent to each councilman three days before payment is made, and a report of all claims so paid shall be submitted to council for ratification at the next ensuing regular meeting thereof.
2-6.6 Auditor. There shall be an auditor appointed by the council to serve for a term of one year ending on December 31st in the year of his appointment. The auditor shall make an independent annual audit of the finances of the township as required by law, and shall perform such other duties required by the council.
2-6.7 Service Charge for Returned Checks. As authorized by N.J.S.A. 40:5-18, whenever payment is tendered by check or other written instrument to the township on any indebtedness or account and such check or other written instrument is returned for insufficient funds, a service charge of twenty ($20.00) dollars shall be added to the account or indebtedness owing to the township. Such service charge shall be paid and credited before any other payment on the account or indebtedness is accepted and credited. In addition:
a. Any party who tenders a check or other written instrument which is returned for insufficient funds may be required, as determined by the director of finance, to tender future payments in cash or by certified or cashier's check.
b. Unpaid service charges shall be collected in the same manner prescribed by law for the collection of the account or indebtedness for which the check or other written instrument was tendered.
c. Whenever the service charge is imposed on an account owing to the township for a tax or special assessment, the service charge shall be included on the appropriate list of delinquent accounts prepared for the enforcement of the lien.
2-6.8 Tax Collector Fees.
a. As authorized by N.J.S.A. 54:5-54, whenever a request is made by an interested party to calculate the redemption of a tax lien certificate, the following fees shall apply:
1. The first two calculations of the amount required for redemption within a calendar year by the same party – no cost.
2. Each subsequent calculation requested by same party – fifty ($50.00) dollars per request.
b. As authorized by N.J.S.A 54:5-97.1, the tax collector is hereby authorized to charge a lienholder a fee of fifty ($50.00) dollars for the calculation of the amount due to redeem a tax lien.
c. As authorized by N.J.S.A. 54:5-26, the tax collector is hereby authorized, in lieu of two publications, to charge a fee of twenty-five ($25.00) dollars for each Notice of Tax Sale to the property owner and to any person or entity entitled to notice of foreclosure by regular or certified mail. Such costs shall be added to the cost of the tax sale.
2-7.1 Department Established; Director. There shall be a department of public works, the head of which shall be the director of public works. The director, subject to the direction and supervision of the manager, shall be responsible for the proper and efficient conduct of all public works functions of the township government, and shall supervise and direct the work of the public works department. The department shall:
a. Be responsible for all matters relating to the construction, management, maintenance and operation of the physical properties of the township, other than office supplies, furniture and office equipment.
b. Provide mechanical services required by any department, office or agency of the township government, except as otherwise directed by the manager or council.
2-7.2 Division of Public Property. Within the department of public works there shall be a division of public property. Under the direction and supervision of the director of public works, the division of public property shall:
a. Operate, maintain and repair township-owned buildings and properties, and provide custodial and janitorial services therefor.
b. Control the care, use and disposition of motor vehicles owned by the township, and for this purpose the division shall:
1. Operate or supervise the operation of a garage or garages for the storage, servicing, repair and maintenance of township-owned motor vehicles.
2. Supervise any work done by contract for the storage, repair, servicing and maintenance of township-owned motor vehicles or equipment.
3. Control the maintenance of motor vehicles owned by the township by maintaining individual vehicle records of mileage, costs of operation and maintenance and replacement schedules.
2-7.3 Division of Streets. Within the department of public works there shall be a division of streets. Under the direction and supervision of the director of public works, the division shall:
a. Maintain and repair all township streets.
b. Construct and reconstruct streets and roads, treat road surfaces, and resurface streets and roads according to such standards as approved by the engineer.
c. Maintain all township streets in a clean and safe condition, free of obstructions and hazards, and remove snow and ice therefrom as required.
2-7.4 Division of Engineering. Within the department of public works there may be a division of engineering, the head of which shall be the engineer, who shall be appointed by the manager. He shall be a duly licensed professional engineer of the State of New Jersey, and shall perform such duties as are prescribed by general law and ordinance. In addition, he shall:
a. Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the township, either on force account or by public contract.
b. Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the township.
c. Provide technical and engineering advice and assistance to other township departments as needed.
All papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the engineer shall be and remain the property of the township. Upon the termination of his services with the township, the engineer shall forthwith surrender to any successor all such property.
2-7.5 Division of Sanitation. Within the department of public works there shall be a division of sanitation. Under the direction and supervision of the director of public works, the division shall:
a. Collect and dispose of garbage, ashes, paper, rubbish, refuse, trash and other like matter in accordance with specifications and regulations in effect in the township.
b. Operate a sanitary landfill in the event this method of disposal shall be established in the township.
a. The East Windsor Volunteer Fire Company, No. 1, and the East Windsor Volunteer Fire Co., No. II, Inc., are hereby recognized together as the fire department of the township. Each company shall have primary responsibility for fire protection activity in the respective areas herein described.
b. The area to be the primary responsibility of the East Windsor Volunteer Fire Company, No. I, shall be described as follows:
Beginning at a point at the westerly corner of the township at the intersection of the West Windsor Township and Washington Township boundary lines; and thence
1. Northerly along the West Windsor Township boundary line to its intersection with the Millstone River; thence
2. Easterly along the centerline of the Millstone River to its intersection with the centerline of North Main Street; thence
3. Southerly along the centerline of North Main Street to its intersection with the Hightstown boundary line; thence
4. Westerly, southerly and easterly along the Hightstown boundary line to the centerline of Old York Road; thence
5. Southerly along the centerline of Old York Road to its intersection with the centerline of Windsor-Perrineville Road; thence
6. Westerly along the centerline of Windsor-Perrineville Road to the Washington Township boundary line; thence
7. Northwesterly still along the Washington Township boundary line to its intersection with the West Windsor Township boundary line and the point and place of beginning.
c. The area to be the primary responsibility of East Windsor Volunteer Fire Co., No II, Inc., shall be described as follows:
Beginning at a point at the southerly corner of the Township at the Assunpink Creek and the intersection of the Millstone Township and Washington Township boundary lines; thence
1. Northerly along the Washington Township boundary line to a point in the centerline of Windsor-Perrineville Road; thence
2. Easterly along the centerline of Windsor-Perrineville Road to its intersection with the centerline of Old York Road; thence
3. Northerly along the centerline of Old York Road to its intersection with the Hightstown boundary line; thence
4. Easterly, northerly and westerly along the Hightstown boundary line to the centerline of North Main Street; thence
5. Northerly along the centerline of North Main Street to the Cranbury Township line said point being the centerline of the Millstone River; thence
6. Easterly along the centerline of the Millstone River to its intersection with the Monroe Township boundary line; thence
7. Southerly along the Millstone Township boundary line to the centerline of Disbrow Hill Road; thence
8. Westerly along the centerline of Disbrow Hill Road to the intersection with the centerline of the Rocky Brook; thence
9. Southerly and westerly along the Millstone Township boundary line to its intersection with the Assunpink Creek and the point and place of beginning.
d. As a condition for receipt of township funds through the annual budget each company shall submit to the township manager the following:
1. On or before November 1 of each year such budget information as to expenses during the past fiscal year as the manager requires in order to make budget recommendations to the township council; and
2. Prior to introduction of the annual budget, a certified statement showing the company's:
(a) Assets and liabilities; and
(b) Income from all sources during the previous fiscal year described by source; and
(c) Expenditures for the previous fiscal year.
This information shall be on forms promulgated by the township manager and designed to show the township council and the public the financial state of each fire company as an agency funded since its inception by public and private contributions.
e. The title to any equipment purchased with any township funds shall remain in the township.
2-8A.1 Establishment. There is hereby established a junior auxiliary to the fire department for Fire Company #1 and Fire Company #2 to operate under and be guided by N.J.S.A. 40A:14-95.
2-8A.2 Eligibility. No person shall be eligible for membership who is less than 16 years nor more than 17 years of age. Such persons shall be required to obtain permission to join the auxiliary from their parents or guardian. Such permission shall be in writing and acknowledged or approved in the manner required by law for deeds to real estate to be recorded.
2-8A.3 Insurance Coverage. Members of the auxiliary shall be insured with the same coverage and in the same amounts provided for the regular volunteer firemen of the municipality.
2-8A.4 Junior Firemen 's Auxiliary Committee. The junior firemen's auxiliary program shall be under the guidance of a standing committee within each fire company appointed by the fire company's executive committee. The committee shall be made up of not less than three members.
2-8A.5 Rules and Regulations. The executive committee of the fire company shall, before authorizing the establishment of the junior firemen's auxiliary formulate rules and regulations to govern the activities of the auxiliary. The rules and regulations shall provide for the training of the junior auxiliary members for eventual membership in the districts fire company and shall further provide that no junior firemen shall be required to perform duties which would expose him to the same degree of hazards as a regular member of the volunteer fire company.
2-8A.6 Prohibited Conduct.
a. Members of the junior firemen's auxiliary will serve according to the New Jersey Child Labor Laws.
b. The activities of the junior auxiliary firemen shall be governed by N.J.S.A. 34:2-21.17.
There shall be a police department of the township established in accordance with the provisions of Chapter III of this revision.
2-10.1 Health Officer. The head of the department of health shall be the health officer.
2-10.2 Duties of Department. Under the supervision of the health officer, the department shall:
a. Have all the functions, powers and duties of a local board of health under Title 26 of the Revised Statutes, except that as required by the Charter, the council shall have and exercise all local legislative powers under that Title.
b. Plan and administer a comprehensive public health program including, without limitation thereto, environmental sanitation, communicable disease control, child and adult health, and health education, laboratory services, and other services as may be authorized by the Charter or ordinance.
c. Administer and enforce local health ordinances.
d. Administer and enforce the township housing code (section 13-3) and all ordinances relating thereto. There shall be within the department a division of housing, headed by the housing officer, to be appointed by the manager to perform such activities.
2-11.1 Department Established. The head of the department of welfare shall be the local assistance board. The local assistance board shall consist of five members of whom four shall be appointed by the manager, and one shall be a member of the council appointed by the council for a one-year term. The four members appointed by the manager shall be appointed for four-year terms, except that of the members first appointed, one member shall be appointed for a one-year term, one for a two-year term, one for a three-year term, and one for a four-year term. At least one of the members of the board shall be a woman. The members of the board shall serve without compensation, and shall have such powers and perform such duties as are prescribed by general law and ordinance and shall appoint a director of welfare pursuant to law. All other employees of the department of welfare shall be appointed by the manager.
2-11.2 Duties of Director of Welfare. Under the supervision of the board, the director of welfare shall:
a. Administer laws and ordinances relating to relief of the needy, including the furnishing of all forms of public assistance to needy persons who are eligible for assistance provided by law through county and State agencies.
b. Provide or arrange for shelter and custodial care to dependent and homeless men and women.
c. Enter into and perform cooperative agreements with voluntary charitable organizations and services to effectuate its other functions under this section.
d. Provide related social services, such as domestic relations counseling, investigation of paternity cases, indigent burials, and other public welfare activities.
e. Cooperate with other public agencies and institutions in the certification of medically indigent patients for care and treatment.
2-12.1 Department Established; Director; Composition. There shall be a department of inspections, the head of which shall be the Director. The Department shall consist of the following divisions:
a. The code enforcement agency, which agency, as established pursuant to Chapter XIII of this revision, shall be deemed to be assigned to the department for administrative and liaison purposes. The construction official shall be the head of this division.
b. The division of zoning, which agency shall enforce all the provisions of the township zoning ordinance and perform such related functions as the manager shall assign to the division. The zoning officer shall be the head of this division.
2-12.2 Duties of Director. The director shall, under the direction of the manager, coordinate the inspection activities of the department with related activities in the department of health and with the planning board and zoning board of adjustment.
2-13.1 Established; Powers. There shall be a municipal court in the township pursuant to the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, to be known as the "Municipal Court of the Township of East Windsor, Mercer County". The municipal court shall have a seal bearing the impress of the name of the court. The court shall be held in the Municipal Building of the township, or such other place as the township council shall designate from time to time, and shall exercise all the functions, powers, duties and jurisdiction conferred upon municipal courts by the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or any other law.
2.13.2 Municipal Judge; Powers and Duties. There shall be a municipal judge of the municipal court appointed by the council. The municipal judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.
The municipal judge shall have and possess the qualifications, and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or by general law or ordinance.
2-13.3 Municipal Court Clerk. There shall be a clerk of the municipal court appointed by the manager. The court clerk shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to municipal courts, and by the municipal judge. His duties shall include, but not be limited to:
a. Carrying out the rules, regulations, policies and procedures relating to the operation of the court.
b. Interviewing and speaking to prospective complainants; receiving complaints and dispensing information relating to court matters.
c. Maintaining the financial records of the court.
d. Attending court, taking minutes of trials and entering them in the docket; arranging trial calendars; signing court documents; preparing and issuing warrants and commitments.
e. Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs.
f. Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issue summonses requiring court appearances in this regard; maintaining and classifying records and files.
2-13.4 Deputy Municipal Court Clerk. There shall be a deputy clerk of the municipal court, who shall be appointed by the manager, and who shall perform the functions assigned to him by the municipal judge and the municipal court clerk.
2-16.1 Created. There is hereby created and established a municipal utilities authority for the township, under the corporate name of "East Windsor Municipal Utilities Authority." The municipal utilities authority shall have and exercise all the powers conferred by Chapter 183 of the Laws of New Jersey of 1957, together with any other powers which may hereafter be conferred by law upon municipal utilities authorities within the territorial boundaries of the Township of East Windsor.
2-16.2 Members and Alternate Members; Appointments. The members and two alternate members of the municipal utilities authority shall be appointed by resolution of the council, in the manner provided by Chapter 183 of the Laws of New Jersey of 1957. Alternate members shall be designated by the governing body as "Alternate #1" and "Alternate #2" and shall serve during the absence or disqualification of any regular member or members. Except as otherwise provided by law, the term of each alternate member shall be five years commencing on February 1 of the year of appointment and ending on January 31 of the fifth year next ensuing; provided, however, that in the event two alternate members are appointed, their initial terms shall be four and five years respectively. 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. Each member and alternate member shall receive compensation, not in excess of one thousand six hundred ($1,600.00) dollars in any one year for his or her service as a member or alternate member as shall hereafter be determined by the municipal utilities authorities, provided, however, that in the event any member of the authority shall be appointed an officer, agent or employee of the authority, then he shall also receive such additional compensation for his services as an officer, agent, or employee as the authority shall determine. In addition, the chairman may receive up to an additional one hundred ($100.00) dollars as hereafter may be determined by the authority.
2-16.3 Exemption from Fees. For purposes of any fee or other charge imposed by the township for permits or services or review of application, the East Windsor Municipal Utilities Authority shall be deemed exempt from same to the same extent as the township government itself. Nothing in this section shall be deemed, however, to exempt the East Windsor Municipal Utilities Authority from the following:
a. Compliance with all procedures required by ordinances, regulations; and
b. Providing performance guarantees as required by ordinances; and
c. Requiring any contractor performing work for the Authority to pay for such township permits as are necessary for the performance of such work to the same extent that the township requires its own contractors to do same.
a. The department of recreation shall be headed by the director of recreation.
b. The department shall:
1. Administer all approved recreation programs as herein described.
2. Administer and enforce section 5-9 of the Revised General Ordinances.
2-18.1 Created; Members. There shall be a board known as the Health Board of the Township of East Windsor, consisting of seven members appointed by the council. One member shall be a member of council appointed for a term of one year. Of the original appointees, two members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. Thereafter, all appointments shall be for a five-year term. The members shall serve until their respective successors are appointed and qualified.
2-18.2 Powers and Duties. The health board shall advise the manager concerning matters of public health within the township.
2-19.1 Creation; Terms; Vacancies. There shall be a committee known as the transportation advisory committee consisting of seven members appointed by the township council. Of the original appointees, three members shall be appointed to a term of office to expire on December 31, 1997; two members shall be appointed to a term of office to expire on December 31, 1998; and two members shall be appointed to a term of office to expire on December 31, 1999. All subsequent appointments shall be for a three year term or until the appointment and qualification of a successor. All vacancies shall be filled for an unexpired term only.
2-19.2 Membership; Officers.
a. All members of the transportation advisory committee shall be residents of East Windsor Township or an owner or employee of an industry and/or business located in the township.
b. The members of the transportation advisory committee shall annually elect from among their members a chairperson, vice-chairperson and secretary.
2-19.3 Duties; Responsibilities. The transportation advisory committee shall have the following duties and responsibilities:
a. To review matters involving traffic circulation, transportation and/or access to parking facilities in and around the township and to report or make recommendations to the township council concerning such matters.
b. To plan, review and recommend to the township council matters pertaining to bikeways and/or pedestrian traffic.
c. To plan, review and recommend to the township council matters pertaining to mass transit.
d. To investigate and report on questions involving traffic, transportation and/or parking as may be requested from time to time by the township council.
e. To provide recommendations to the township council on any other matters involving transportation issues in the township.
There shall be an economic development committee consisting of nine members to be appointed by the township council. Committee members shall serve staggered three year terms, except that of the first nine commissioners chosen by the township council on or after January 1, 1975, three shall be appointed for a term of one year, three shall be appointed for a term of two years and three shall be appointed for a term of three years. The committee shall organize and adopt rules to govern the conduct of its business. The committee shall choose a chairman and vice-chairman annually from among its members to preside at its meetings. The committee shall advise and consult with the council, manager and planning board with respect to problems relating to the industrial development of the township. The committee shall prepare and present to the council such programs and activities as it may find appropriate for the economic development of the township. The manager shall assist the committee to promote commercial and industrial development in the township under such plans and programs as the council shall approve and subject to the master plan adopted by the planning board.
2-21.1 Coordinator. A municipal emergency management coordinator shall be appointed by the mayor from among the residents of the township. He shall serve for a term of three years. As a condition of his appointment, and his right to continue for the full term of his appointment, each municipal emergency management coordinator shall have successfully completed at the time of his appointment or within one year immediately following his appointment, the current, approved course for such coordinators. The failure of any municipal coordinator to fulfill such requirements within the period prescribed shall disqualify the coordinator from continuing in office and thereupon a vacancy in the office shall be deemed to have been created. The coordinator shall be responsible for the planning, coordinating, direction and control of all emergency management operations pursuant to statute.
2-21.2 Local Emergency Management Planning Committee. The local emergency management planning committee shall consist of not more than 15 persons. The emergency management coordinator shall serve as chairman of the committee. The members shall be appointed by the mayor and shall serve for a term of one year.
2-22.1 Creations; Members. There shall be a commission known as the environmental commission of the township pursuant to N.J.S. 40:56A-1 et seq. consisting of seven members appointed by the mayor, one of whom shall also be a member of the planning board. All appointments shall be for three year terms. The members shall serve until their respective successors are appointed and qualified. The mayor shall designate one of the members to serve as chairman. Members may be removed for cause pursuant to N.J.S. 40:56A-1.
2-22.2 Powers of Commission. The environmental commission shall have power to conduct research into the use and possible use of open land areas and may coordinate the activities of unofficial bodies organized for similar purposes and may, within the limits of its budget, 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 programs for inclusion in the municipal 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. Additionally, the environmental commission may make recommendations to the township council on measures and programs for the beautification of the township, including the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway or park.
2-22.3 Records and Annual Report. The environmental commission shall keep records of its meetings and activities and shall make an annual report to the governing body of the municipality.
2-22.4 Acquisition of Grants by Commission. The environmental commission may, with prior approval of the township council apply for and accept grant funds from any Federal, State or local governmental agency or authority, in the name of the municipality for any of its purposes and shall administer the same for such purposes subject to the terms of the grant.
*Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 1979-25, 1982-27, 1983-22 and 1985-7.
2-23.1 Membership; Terms. There is hereby established a committee consisting of ten members which shall be appointed by the township council and shall serve without compensation. One member shall be a member of the township council who shall serve until December 31 of each year in which he/she was appointed. The remaining nine members shall be residents of the township and shall serve for a three year term; however, each member shall initially serve only until December 31 of the year of his/her initial appointment. Thereafter, the township council shall stagger the terms of the members so that the terms of three members expire each year. Therefore, three members shall be appointed for one year, three members for two years and three members for three years. Subsequently, each appointment of the nine general members shall be for a three year term.
2-23.2 Vacancy. A vacancy on the committee occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.
2-23.3 Powers and Duties of the Committee. The committee shall have the following powers and duties:
a. To monitor and evaluate the cable operator's performance;
b. To monitor and evaluate the community's level of satisfaction with the existing cable franchise;
c. To identify the community's cable-related goals and needs;
d. To monitor and evaluate legislative, regulatory and technological developments in cable television, including but not limited to evaluation of the requirements and regulations and overseeing that they are properly applied to local customers;
e. To monitor, oversee and advise rate structures as provided for by the Federal Communications Commission;
f. To oversee the operation of any municipal access channel which may hereinafter be established;
g. To monitor and evaluate technological changes;
h. To make recommendations to the township council relative to cable related matters, including but not limited to, those listed above and designed to enhance the level of cable television provided to the township and its citizenry.
2-24.1 Causes for Removal. All persons serving in appointments for a fixed term as members of boards, agencies and commissions established by ordinance, the manner of whose removal is not specified by State enabling legislation, shall be subject to removal from office by a majority vote of the township council for failure to perform the duties of their office or misconduct in that office.
2-24.2 Notice; Hearing. Any person to be removed from office shall be given written notice of specified charges not less than ten days before any vote to remove him. Upon written request to the township clerk, no more than five days after service of such written notice, the person shall be entitled to a public hearing before the council prior to a vote on his removal.
2-25.1 Promulgation. All administrative regulations except those relating to the internal organization or personnel management of the township government, the manner of whose promulgation is not provided elsewhere in the Revised General Ordinances, shall be promulgated in the following sequence and manner:
a. The regulation shall be filed with the township clerk by the township manager not less than 60 days before the proposed effective date thereof.
b. The regulation shall be published and posted in the manner of other public notices not less than ten days before the proposed effective date thereof.
c. In the event that the township council adopts a resolution amending or disapproving any proposed regulation, the regulation shall be published and posted as amended or, if disapproved, shall not be published and posted and shall be deemed not to have been adopted.
2-25.2 Codification. The township clerk shall maintain a book containing all duly promulgated administrative regulations currently in effect and each township department shall maintain a book of all such regulations pertaining to that department. Such books shall be available for public inspection during all business hours and copies shall be made available to the public at cost.
2-25.3 Amendment; Repeal. Any duly promulgated regulation may be amended or repealed in the same manner provided for its adoption.
a. In the event that any person violates any regulation duly promulgated pursuant to this section, and such violation is a single occurrence and not of a continuous nature, such person may be subject to a fine of not more than one hundred ($100.00) dollars upon conviction of such violation in municipal court.
b. In the event that any person violates any regulation duly promulgated pursuant to this section, and such violation is of a continuous or ongoing nature, such person shall cease and abate such violation immediately on written notice thereof. In the event that such person fails to cease or abate same, he may be subject to a fine of not more than fifty ($50.00) dollars per day upon conviction of such violation in municipal court.
2-26.1 Creation; Membership. There shall be a commission known as the cultural and heritage commission consisting of seven members appointed by the township council. Of the original appointees, four members shall be appointed for a term of one year, and three members shall be appointed for a term of two years. Thereafter, all appointments shall be for a two year term or until the appointment and qualification of a successor.
2-26.2 Purposes and Duties. Members of the commission may:
a. Advise the township council and manager in matters pertaining to the cultural activities of the township and the provision of better cultural arts appreciation and facilities within the township.
b. Stimulate and encourage local talent of all ages.
c. Present to residents various performers.
d. Arrange for artists and sculptors to exhibit their work in suitable locations.
e. Advise residents and the public as to points of interest of the township's historical heritage.
f. Maintain and circulate an inventory of the cultural and historical assets of the township inclusive of individuals, organizations, sites and artifacts.
g. Seek foundational, industrial and other benefactors for such activities.
h. Encourage, facilitate and coordinate other community organizations to provide presentations and exhibits.
2-26.3 Organization. The commission shall organize at its first meeting every year and elect a chairman and such other officers as it deems necessary.
2-26A.1 Creation; Terms; Vacancies. There shall be a committee known as the commission on aging consisting of seven members appointed by the township council. Of the original appointees, three members shall be appointed to a term of office to expire on December 31, 1997; two members shall be appointed to a term of office to expire on December 31, 1998; and two members shall be appointed to a term of office to expire on December 31, 1999. All subsequent appointments shall be for a three year term or until the appointment and qualification of a successor. All vacancies shall be filled for an unexpired term only.
2-26A.2 Membership; Officers.
a. All members of the commission on aging shall be residents of East Windsor Township.
b. The members of the commission on aging shall annually elect from among their members a chairperson, vice-chairperson and secretary.
2-26A.3 Duties; Responsibilities. The commission on aging shall have the following duties and responsibilities:
a. To advise the township council in the development, coordination and integration of the various programs and services available to senior citizens residing in East Windsor Township in an effort to enhance the quality of life of the older population in the township.
b. To plan, investigate and report on questions involving senior citizens in the township as may be requested from time to time by the township council.
c. To provide recommendations to the township council on any other matters involving senior citizens in the township.
2-27.1 Created; Members. There shall be a municipal alliance committee pursuant to N.J.S.A. 26:2BB-1 et seq. Membership may include but is not limited to the following:
a. Governing body's representative;
b. The chief of police;
c. The president of the school board;
d. The superintendent of schools;
e. A student assistance coordinator;
f. A representative of the parent-teacher association;
g. A representative of the local bargaining unit for teachers;
h. A representative of the chamber of commerce;
i. A representative from the local court system;
j. A representative of local civic association;
k. Representatives of local religious groups;
l. Individuals who have been impacted by alcoholism and/or drug abuse, including individuals who have been directly affected by their own, or family member's abuse or addictions;
m. Representatives of labor unions;
n. Representatives of the media;
o. Private citizens, including students from the local municipality with interest or experience in issues concerning alcohol and/or drug abuse; and/or;
p. Representatives of public and private organizations involved in treatment of alcohol and drug related problems.
There shall be no limitation on the number of members who may be appointed to the municipal alliance committee by the governing body. The members shall elect a chair and other officers at the annual organizational meeting in January of each year.
Fifty percent of members must reside in the local municipality. Members shall be appointed for staggered three year terms, except that initial appointments shall be equally divided between one, two and three year terms. Members shall serve until their respective successors are appointed and qualified. A quorum shall be required for action to be taken by the committee. A quorum shall be 50 percent of the voting membership plus one. Voting membership is defined as members who have attended the two previous meetings.
2-27.2 Purposes. The purposes of the municipal alliance committee are to:
a. Organize and coordinate efforts involving schools, law enforcement, business groups and other community organizations for the purpose of reducing alcoholism and drug abuse;
b. In cooperation with local school districts, develop comprehensive and effective alcoholism and drug abuse education programs in grades K through 12;
c. In cooperation with local school districts, develop procedures for the intervention, referral to treatment and discipline of students abusing alcohol or drugs;
d. Develop comprehensive alcoholism and drug abuse education support and outreach efforts for parents in the community;
e. Develop comprehensive alcoholism and drug abuse community awareness programs.
2-27.3 Powers and Duties. The functions of the municipal alliance committee include:
a. To adhere to policies, procedures and rules established by funding agencies to which the municipal alliance committee is responsible.
b. To create a network of community leaders, private citizens, and representatives from public and private human service agencies who are dedicated to a comprehensive and coordinated effort to promote and support drug and alcohol prevention and education programs and related activities with an emphasis on youth;
c. To conduct an assessment to determine the needs of the community in relation to alcoholism and drug abuse issues;
d. To identify existing efforts and services acting to reduce alcoholism and drug abuse;
e. To coordinate projects within the municipality to avoid fragmentation and duplication;
f. To develop programs to be implemented at the municipal level or to participate in regionally-developed programs that accomplish the purposes of the municipal alliance committee;
g. To assist the municipality in acquiring funds for alliance programs;
h. To cooperate with the Governor's Council on Alcoholism and Drug Abuse and the County Local Advisory Committee on Alcoholism and Drug Abuse Alliance Steering Subcommittee to provide municipal data, reports or other information which may be required for the County Annual Alliance Plan or needed to assist the alliance effort.
2-27.4 Organization. The committee shall provide annually a complete list of municipal alliance committee members, with their addresses, to the appropriate County Division for transmittal to the Governor's Council on Alcoholism and Drug Abuse;
Adopt by laws;
Establish an annual organization meeting;
Establish at the organization meeting a calendar of meetings;
Keep approved minutes;
Establish a permanent standing subcommittee on fundraising;
Establish any other subcommittee as may be appropriate.
2-28.1 Creation; Purpose. There is hereby created the East Windsor Township Historic Preservation Commission. The historic preservation commission shall:
a. Prepare a survey of historic sites of the township pursuant to the criteria identified in the survey report;
b. 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;
c. Advise the planning board on the inclusion of historic sites in the recommended capital improvement program;
d. Advise the planning board and the board of adjustment on applications for development pursuant to subsection 2-28.7(b);
e. Provide written reports on the application of the zoning ordinance provisions concerning historic preservation to the administrative officer in charge of issuance of building permits;
f. Carry out such other advisory, educational and informational functions as will promote historic preservation in the township;
g. Identify and record historic buildings, structures, sites, objects, or districts and evaluate these resources against the criteria outlined in this section. The survey material shall be reviewed and, if necessary, updated at least every three years to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition;
h. Assist other public bodies in aiding the public in understanding historic resources' significance and methods of preservation;
i. Compile and monitor notices regarding use of detection type devices; consider, determine and condition the granting of requests for provisions to dig, disturb, or remove anything from historic landmarks or sites;
j. Advise the township council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures including the preparation of a long-range plan therefor; securing State, Federal and other grants and aid to assist therein and monitoring such projects once underway;
k. Recommend to the township council amendments to the relevant township ordinances to enhance the commission's ability to implement the purposes set forth in this section;
l. Recommend to the planning board and the township council the establishment and boundaries of historic districts where appropriate;
m. Recommend to the zoning board of adjustment the granting of use variances where such are deemed to be within the intent and purposes of this section;
n. 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) retain consultants and experts and incur expenses to assist the historic preservation commission in its work to provide testimony in support of the commission's position before other bodies, boards, commissions or courts;
o. Cooperate with local, county, State or national historical societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this section;
p. Recommend to the applicable county, State and Federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or district; and
q. Request the zoning officer or the township council to seek, on its own motion or otherwise, injunctive relief for violations of this section or other actions contrary to the intent and purpose of this section.
a. Addition shall mean the construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
b. Administrative officer shall mean the person designated to handle the administration of building permit applications as referenced in this section.
c. Affecting a landmark or historic district shall mean any act which alters or changes a historic landmark or an improvement within a historic district.
d. Alteration shall mean any work done on any existing improvement which:
1. Is not an addition to that improvement; or
2. Changes the appearance of the exterior surface of any improvement and would require a construction permit; or
3. Relocates the improvement.
e. Building shall mean a structure created to shelter human activity of any kind, including shelter, business, housing or enclosing of persons, animals or property.
f. Demolition shall mean the partial or total razing or destruction of any building, structure, or of any improvement within a historic district.
g. Historic district shall mean a designation by the historic preservation commission and approved by the township council of a geographically definable area--urban or rural, small or large--possessing a significant linkage, or continuity or sites, building, structures, and/or objects which when viewed collectively:
1. Represent a significant period in the development of the township, State or nation; or
2. Have a distinctive character resulting from their architectural style; or
3. Because of their distinctive character can readily be viewed as an area or neighborhood distinct from surrounding portions of the township.
h. Historic District Resources. Resources within a historic district shall be classified either as key, contributing or non-contributing which are defined as:
1. Key shall mean any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.
2. Contributing shall mean any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period, or method for which the district is significant.
3. Non-contributing shall mean any building, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
i. Historic landmarks (or landmark) shall mean any buildings, structures, improvements, sites, objects or districts which possess integrity of location, design, setting, materials, workmanship or association, and which have been determined pursuant to the terms of this section, to be:
1. Of particular historic significance to the Township of East Windsor by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, State or community; or
2. Associated with historic personages important in national, State or local history; or
3. The site of a historic event which had a significant effect on the development of the nation, State or community; or
4. An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering; or
5. Representative of the work of an important builder, designer, artist or architect; or
6. Significant for containing elements of design, detail, material or craftsmanship which represent a significant innovation; or
7. Able or likely to yield information important in prehistory or history.
j. Improvement shall mean any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.
k. Object shall mean a thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
l. Repair shall mean any work done on any improvement which:
1. Is not an addition to the improvement; and
2. Does not change the appearance of the exterior surface; and
3. Does not require a construction permit.
m. Replacement shall mean repairs when a construction permit is required for same.
n. Site shall mean the place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeological significance.
o. Structure shall mean the combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
2-28.3 Membership, Classes, Qualifications, Terms. The commission shall be comprised of seven members and two alternates appointed by the township council with at least one member of each of the following classes:
Class A: Persons knowledgeable in building design and construction or in architectural history;
Class B: Persons knowledgeable or with a demonstrated interest in local history;
Class C: Citizens of the township who hold no other municipal office, position or employment except for membership on the planning board or zoning board of adjustment;
Alternate: There shall be two alternates with the same qualifications as Class C members, designated Alternate 1 and Alternate 2 who may participate in discussions but may not vote except in the absence or disqualification of a regular member. Alternate 1 shall vote first.
Class A and B members may be nonresidents of the township. At least four members of the commission shall be from Classes A and B. A minimum of four members of the commission shall be citizens of the township.
The term of regular members shall be four years and of alternates, two years. The initial terms shall not exceed these limits and shall be so determined that to the greatest practicable extent the expiration of terms shall be distributed evenly. Vacancies shall be filled for the unexpired term only. Notwithstanding anything above, the term of any member common to the planning board or zoning board of adjustment shall be for the term of membership on the board.
2-28.4 Officers. The 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 commission or a municipal employee.
2-28.5 Meetings. The commission shall reorganize annually, each January and shall establish an annual calendar.
The commission shall adopt internal and/or administrative rules and procedures:
A quorum shall be four members.
All commission meetings shall be subject to the Open Public Meeting Act. The commission shall cause minutes to be taken and approved for each meeting, and a recording shall be made of each meeting in accordance with N.J.S.A. 40:55D-10(f).
2-28.6 Survey of Historic Landmarks. The commission shall recommend to the planning board guidelines for review to be utilized in determinations of historic landmark status and for review of development applications or permits affecting historic landmarks or improvements within historic districts. The commission shall prepare and amend from time to time, if necessary, a survey of historic sites. The commission shall prepare and adopt guidelines and criteria for preparation of the survey to be utilized in determining historic landmark status and for review of development applications and permits affecting historic landmarks or improvements within districts.
The commission shall consider for historic designation buildings, structures, objects, sites and districts within the township which merit landmark designation and protection or possessing integrity of location, design, setting, materials, workmanship or association, based on its review or upon the recommendation of other township bodies or of concerned citizens. The commission shall make a list of landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to the criteria set forth above, a description of the landmark's location and boundaries and a map. The commission shall by certified mail:
a. Notify each owner that his property is being considered for historic landmark designation or lies within a district that is being considered for historic landmark designation and the reasons therefor.
b. Advise each owner of the provisions of this section in relation to such designation, and advise him of his opportunities and rights to challenge or contest such designation.
c. Notify each owner of the date, time and place of the public meeting to be held, at least ten days prior to the date of hearing pursuant to the notice procedures set forth in N.J.S.A. 40:55D-13.
d. The list of potential landmarks as well as the description, significance, location, boundaries, and a map of each shall be subject to review at a commission public hearing. At least ten days before such a hearing, a preliminary list and map showing proposed landmarks shall be published, together with notice of the hearing, in an official newspaper of the municipality. At the hearing, interested persons, shall be entitled to present their opinions, evidence, suggestions and objections on the proposed recommendations for landmark designation. The commission shall then prepare a survey and vote on its survey and report to the planning board for resources to be designated as local landmarks.
e. The commission shall include in its survey a concise report of its recommendations for the sites to be designated as local landmarks. Copies of the survey shall be delivered to the planning board and the township clerk and notice of action published by the commission secretary in an official newspaper of the municipality and shall state that designation shall be made by the planning board. Designation shall be made by the planning board at a public meeting conducted in accordance with the requirements of the Municipal Land Use Law governing adoption or revision of the master plan and, as adopted, said designation shall become a part of the historic element of the township master plan.
f. A determination that landmark status exists shall be made by the planning board as an element of the master plan. Such a determination by the planning board shall create landmark status incorporated into the historic element of the master plan. A certificate of designation shall be issued by the planning board. Within seven days of the creation of landmark status, the planning board shall by certified mail notify the owner of the property involved of the determination and advise him of the procedure for adoption by township council.
g. After planning board review and approval, the commission shall submit the list of designated landmarks and a map to the township clerk for filing. The township council shall then consider the designation list and map, and may approve, reject or modify same by ordinance in accordance with the provisions of the Municipal Land Use Law.
h. Copies of the designation list and official map as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits.
2-28.7 Review by the Historic Preservation Commission.
a. Scope of Review. All construction permits, demolition and development applications affecting a historic landmark or an improvement within a historic district shall be reviewed by the commission. Such review shall be required for, but not limited to the following, which are merely listed as examples: demolition, relocation, changes in exterior appearance, construction of any improvements, changes in signs or lights, site plan review or subdivisions, or zoning variance requests, and so on.
b. Referral of Applications. The planning or zoning board of adjustment shall refer all development applications and the administrative officer shall refer all construction permit applications, including permit applications for new construction, demolition, alterations, relocations, additions, repairs or replacements which affect a historic district or landmark to the commission.
c. Fees, Notice and Meetings. The commission shall determine if such applications are complete. If incomplete, it shall be returned within ten business days, noting in writing the items required to complete the application. When the application is complete, the commission shall schedule a review at its next regular meeting (or soonest available date) and the applicant shall be notified and given an opportunity to be heard. No application shall be deemed complete unless accompanied by a fee and escrow deposit in accordance with the Township's Fee and Deposit Ordinance which shall be used to defray the costs of administration and review. The applicant shall also be required to pay a reasonable amount for the services of any professionals including East Windsor Township employees, when such services are deemed appropriate by the commission for the proper review of the application. In no event shall the amount be less than that set forth in the Fee and Deposit Ordinance. "Services" as used herein include the review of the application, site visits, preparation of reports and attendance at meetings. Current payment of these expenses may be a condition of any approval granted by the commission. Payment by the applicant shall be made within 15 days of receipt of demand from the commission. The collection of delinquent accounts shall be made by East Windsor Township in the same manner as provided in section 20-32.0000 (the Fee and Deposit Ordinance).
d. Determinations. The commission shall provide written advice and recommendation to the planning board or zoning board of adjustment or, in the case of the permit application through the administrative officer, shall direct such officer to approve, deny or conditionally approve the application. Such determinations by the commission shall be made within 45 days of the commission's determination that the application is complete, unless an earlier determination is required in accordance with the requirements of the Municipal Land Use Law. In such case, the board of jurisdiction shall notify the commission of such earlier deadline for action imposed by the Municipal Land Use Law. On any application involving demolition or removal of any kind, the commission's order shall specify whether the permit is to be denied or postponed. If postponement is ordered, the commission shall work with the applicant during this interim period to investigate and consider alternatives to demolition or removal. Denial of approval for a construction permit shall be deemed to bar the applicant from undertaking the activity for which the application was made.
e. Emergencies. Approval by the commission is not required prior to immediate and emergent repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with township codes, without the necessity of first obtaining the commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. A request for the commission's approval shall be made as soon as possible thereafter and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained. All work done under this subsection shall conform to the criteria set forth in this section and the guidelines for review of applications as adopted by the planning board in accordance with this section.
f. Exceptions. Review by the commission is not required for changes to the interior of structures, for ordinary repair and maintenance consistent with the New Jersey Uniform Construction Code Act and N.J.A.C. 5:23-2.3(e), or for minor work pursuant to the New Jersey Uniform Construction Code Act requiring a construction permit but not visible from the public right-of-way.
g. The provisions of this section are subject to, and are not intended to supersede the provisions of the Uniform Construction Code, and all municipal ordinances and codes governing design standards for structures, maintenance of structures, health requirements, housing requirements and the like.
2-28.8 Standards of Review. In regard to an application for any approval of proposed action the following matters shall be considered:
a. If the historic landmark or structure in a historic district is involved:
1. The impact of the proposed change on its historic and architectural significance as defined in this section:
2. Its importance to the municipality and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest; and
3. The extent to which there would be the involvement of textures and materials that could not be reproduced only with great difficulty and expense.
b. The use of any structure involved.
c. The extent to which the proposed action would adversely affect the public's view of a landmark or structure within a historic district from a public street.
d. If the application deals with a structure within a historic district, the impact the proposed change would have on its character and ambiance and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth herein.
e. In regard to all applications, additional pertinent matters may be considered but in no instance shall interior arrangement be considered.
f. In assessing the effect of any proposed change on an application concerning any landmark, the following "visual compatibility" factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related. In event that a historic district has such unique features that the general guideline below are not appropriate criteria, the planning board shall, with the advice of the historic preservation committee adopt regulations for each such district which are consistent with the generally applicable "visual compatibility" facts as set forth below:
1. Height. The height of the proposed structure shall be visually compatible with adjacent structures.
2. Proportion of the structure's front facade. The relationship of the width of the structures to the height of the front elevation shall be visually compatible with structures and places to which it is visually related.
3. Proportion of openings with facility. The relationship of the width of windows to the height of windows in a structure shall be visually compatible with the structures and places to which it is visually related.
4. Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of a structure shall be visually compatible with the structures and places to which it is visually related.
5. Rhythm of spacing of structures on streets. The relationship of the structure to the open space between it and adjoining structures shall be visually compatible with the structures and places to which it is visually related.
6. Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street to which it is visually related.
7. Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a structure shall be visually compatible with the predominant materials used in the structure to which it is visually related.
8. Roof shape. The roof shape of a structure shall be visually compatible with structures to which it is visually related.
9. Walls of continuity. Appurtenances of a structure such as walls, open type fencing, evergreens, landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the structure with the structures and places to which it is visually related.
10. Scale of structure. The size of a structure, the mass of a structure in relationship to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the structures and places to which it is visually related.
11. Directional expression of front elevation. A structure shall be visually compatible with the structure and places to which it is visually related in its dimensional character, whether this be vertical character, horizontal character or nondirectional character.
12. Exterior features. A structure's related exterior features such as lighting, fences, signs, sidewalks, and driveways shall be compatible with the features of those structures which it visually relates to and shall be appropriate for the historic period for which the structure is significant.
2-28.9 Demolitions. In regard to an application to demolish a historic landmark or any improvement within a historic district, the following matters shall be considered:
a. Its historic, architectural, cultural or scenic significance in relation to the criteria established in this section.
b. If it is within a historic district, its significance to the district as a key resource, contributing or non-contributing, and the probable impact of its removal on the district.
c. Its potential for use for those purposes currently permitted by the zoning ordinance.
d. Its structural condition and the economic feasibility of alternatives to the proposal.
e. Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
f. The extent to which it is of such old, unusual or uncommon design, craftmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.
g. The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourist, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, New Jersey history and the history of the East Windsor Township; stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the municipality a more attractive and desirable place in which to live.
2-28.10 Moving Structures. In regard to an application to move any historic landmark, or to move any improvement within a historic district, the following matters shall be considered.
a. The historic loss to the site of original location and the historic district as a whole.
b. The compelling reasons for not retaining the landmark or structure at its present site.
c. The compatibility, nature, and character of the current and the proposed surrounding areas as they relate to the protection of interests and values referred to in this section.
d. The probability of significant damage to the landmark or structure itself.
e. If it is to be removed from East Windsor Township, the proximity of the proposed new location to the township, including the accessibility to the residents of the municipality and other citizens.
f. If the proposed new location is within a district, visual compatibility factors as set forth in this section.
2-28.11 Detection Devices. No person shall use an electrical, mechanical or other detection type device to locate objects in or on any township owned historic landmark or improvement within a historic district without giving written notice, as set forth below, to the municipal clerk and the historic preservation commission.
The written notice of the intent to use such a detection device shall set forth the name and address of the person giving notice as well as the names and addresses of all persons involved in the on-site use and shall set forth the date each use will occur and whether any business, club, or other organization is involved.
The written notice of the intent to use such a detection device shall be delivered at least five days in advance of the use and no use shall occur, unless otherwise expressly permitted, other than between the hours of 9:00 a.m. and 5:00 p.m.
2-28.12 Appeals. Appeals from decisions of the commission directing the administrative officer to grant or deny approval of an application for construction permits shall be to the township council pursuant N.J.SA. 40:55D-17 et seq.
a. Any person who undertakes any activity affecting a historic landmark or any improvement within a historic district which is regulated by this section, without obtaining review by the historic preservation commission, shall be in violation of this section.
b. On any violation, the administrative official shall serve a notice describing the violation and demanding abatement within ten days; and, notifying the owner or person(s) present that they must immediately stop and cease any further activity whatsoever. Such owner or other person(s) shall immediately stop any activity.
c. The administrative official may also (i) file a complaint in the township municipal court; and/or (ii) seek injunctive relief or restraints in any court of competent jurisdiction.
d. Each separate day a violation exists shall be deemed to be a new and separate violation.
e. Any person violating the provisions of this section shall be subject to the fine and penalty of not less than five ($5.00) dollars nor more than one hundred fifty ($150.00) dollars per separate violation.
2-29.1 Creation; Members. There is hereby created the East Windsor Clean Communities Advisory Committee consisting of six members appointed by the council. The members must be representative of at least the following groups: business; municipal government; private/nonprofit sector; and schools, and, shall be appointed for a term of three years. Of the original appointees, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years and two members shall be appointed for a term of one year. Thereafter, all appointments shall be for a three year term. The members shall serve until their respective successors are appointed and qualified.
2-29.2 Organization; Meetings. The committee shall organize at its first meeting every year and elect a chairman and such other officers as it deems necessary. The committee shall meet a minimum of four times a year.
2-29.3 Purposes and Duties. The clean communities advisory committee is created for the purposes and duties set forth herein:
a. To act as the designated agency responsible for grant implementation pursuant to the Clean Communities Act; and
b. To plan and implement programs which combine the elements of cleanup, enforcement and public information and education and encourage the proper handling and disposal of solid waste; and,
c. With the approval of the township council, to apply for and accept grant funds from any Federal, State, or local governmental agency or authority, or any other entity or organization in the name of the municipality for any of its purposes and shall administer the same for such purposes subject to the terms of the grant; and
d. To advise the township council and manager in matters pertaining to the maintenance of clean, litter-free environment, enforcement and public information related thereto; and
e. To develop and implement programs to encourage the ongoing cleanup of public and private places; and
f. To develop, coordinate, plan and implement such other programs, demonstration projects and the like, to qualify for grant funding to foster the purposes set forth herein.
2-29.4 Annual Report. The clean communities advisory committee shall make an annual report to the governing body of the municipality.
a. Definitions. The following terms shall have the following meanings:
1. Public officer shall mean the tax collector, Township of East Windsor.
2. Real property shall mean improved property upon which there is erected any residential, commercial or industrial building or other structure.
3. Lien shall mean any lawful lien, including liens for taxes, special assessments, municipal charges, demolition and clearance costs and interest thereon arising by operation of law against real property in favor of the township.
4. Special lien shall mean a lien upon fire insurance proceeds created pursuant to this section and State Statutes.
5. Commissioner shall mean State Commissioner of Insurance.
b. No insurance company shall pay to or on behalf of any insured or other claimant any claim in excess of twenty-five hundred ($2,500.00) dollars for fire damage to or upon any real property located within the Township of East Windsor pursuant to any fire insurance policy until such time as all taxes and assessments and all other municipal liens or charges due and payable shall have been paid either by the owner of such real property or by the insurance company concerned. Except as otherwise herein set forth, the claim of the Township of East Windsor shall constitute a special lien against the proceeds of any such fire insurance policy and shall, as to such proceeds, be prior to all other liens and claims except the claim of any mortgages or record named in such policy to the extent provided by law.
c. The provisions of this section shall not be deemed to or construed to alter, impair or affect the right of the Township of East Windsor to acquire or enforce any other municipal lien against property as may otherwise be provided by law, but shall be in addition to any other such provision.
d. Any insurance company issuing fire insurance policies in the Township of East Windsor is authorized and required, prior to the payment of any such claim for fire damage in excess of twenty-five hundred ($2,500.00) dollars to any claimant for loss to real property therein, to pay to the municipality the amount of the liens for taxes, assessments or charges appearing on an official certificate of search pursuant to R.S. 54:5-12 as may be certified to the insurance company and the insured owner of the real property concerned by the public officer, such certificates of search to be without cost, fee or charge and to be provided to both the insurance company and the insured owner of the real property upon the written request of either within not more than five business days after receipt of such request; provided, however, that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to R.S. 54:3-21, the insurance company shall withhold the full amount of the lien or charge being contested pending termination of all proceedings, at which time such monies, together with interest accruing thereon at prevailing lawful rates for savings accounts, shall be disbursed in accordance with the final order or judgment of the court.
e. The public officer shall maintain and update any certificate of search issued pursuant to this section, which certificate shall also be made available upon request on the terms and in the manner provided in paragraph d. hereof.
f. Notwithstanding any other provision of this section, the township council of the Township of East Windsor may at any time enter into an agreement with the owner of any fire damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to R.S. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes, if the said township council is satisfied that the insurance proceeds for a claim will be used to restore or improve the fire damaged property. An insurance company receiving a certified copy of a resolution of agreement from the township council of the Township of East Windsor is authorized to make full payment on the claim to the insured person.
g. The municipal clerk of the Township of East Windsor is hereby authorized and directed to file a certified copy of this section with the State Commissioner of Insurance immediately upon its final adoption in accordance with law, by certified mail with return receipt obtained.
2-31.1 Establishment. Pursuant to N.J.S.A. 40:12-1 et seq. there is hereby created a board of recreation commissioners in the Township of East Windsor, with the powers and duties herein provided.
2-31.2 Appointment of Members, Terms and Vacancies. The board shall consist of seven members, appointed by the township council, who shall be designated commissioners and shall be residents of the township. All appointments shall be for a term of five years, staggered so the term of at least one commissioner and not more than three commissioners shall expire each year. All vacancies shall be filled for an unexpired term only. Commissioners shall serve until their successors are appointed and qualified and they shall receive no compensation for their services.
2-31.3 Election of Officers, Meetings.
a. Election of Officers. The members of the board shall annually elect from their number a chairman, vice-chairman and secretary.
b. Meetings. The board of recreation commissioners shall meet regularly at least once each month in connection with the performance of its duties and for consideration of matters affecting public recreation. It shall adopt rules and regulations for the purpose of regulating the conduct of the meetings of the board.
2-31.4 Powers and Duties. From time to time the commissioners shall advise and consult with the township council and the director of recreation with respect to issues relating to the recreational needs of the township. The commissioners shall prepare and present to the township council and the director of recreation, for their consideration, such programs, plans and activities as the commissioners may find appropriate for the recreational needs of the residents of the township.
The board shall not have the authority to expend monies for land acquisition, either by purchase or by lease, nor shall it have any statutory powers related to land acquisition. Further, the board of recreation commissioners shall not have the power to appoint or hire employees. All employees involved in recreation activities shall be appointed through the director of recreation and the township manager as required by law. The board shall have the full and complete authority to approve bills and expenses to be paid out by the township treasurer upon the warrant of the board of recreation commissioners signed by its chairman or vice-chairman and attested to by its secretary in connection with recreation programs operating within the township, but the commissioners shall not have the power and authority to incur any obligation in the name of or for the account of the township, except as authorized from time to time by the township council.
2-31.5 Fund Raising to Meet Operating Costs.
a. In order to provide funds in whole or in part necessary to improve and maintain recreation programs operated by the township, the board of recreation commissioners, with the approval of the director of recreation, may arrange and provide for the giving of exhibitions, plays, concerts, games, programs and contests and may use and employ such playgrounds and recreation places assigned to it by the director of recreation for the purpose of giving exhibitions, plays, concerts, games, programs and contests.
b. The board may charge and collect a reasonable fee for each person participating in such recreation programs or activities and to dedicate such funds for the purpose of carrying out such recreation programs or activities.
2-32.1 Defense for Officers or Employees in Legal Proceedings. Whenever any action has been or shall be brought against any person holding office, position, employment or board membership under the jurisdiction of the Township of East Windsor for any act or omission arising out of and in the course of the performance of the duties of such office, position, employment or board membership, township shall defer all costs of defending such action, including reasonable counsel fees and expenses, together with the costs of appeal, if any, and shall save harmless and protect such person for any financial loss resulting therefrom. Said defense shall be provided by the township attorney. When the township attorney is unable to participate in that defense, the official, officer, employee or board member shall submit the name of the attorney of his or her choice to the township council for approval and agreement as to the cost of services. Said costs shall not exceed the amount set for compensation of the township attorney. In the event that any official, officer, employee or board member engages an attorney without the approval of the township and agreement as to the cost of services, any and all costs shall be the responsibility of that official, officer, employee or board member.
2-32.2 Exceptions. Notwithstanding anything to the contrary set forth in subsection 2-32.1 above, the township shall not be responsible for indemnification under the following conditions:
a. Judgment or settlement of a civil cause of action relating to a claim based upon willful fraud, malice or misconduct.
b. Judgments calling for punitive or exemplary damage. Only that portion of any judgment based on compensatory damages shall be indemnified.
c. Any insurance coverage is available for payment.
d. Where any officer or employee is found to have acted in violation of the Local Government Ethics Law, N.J.S.A. 40A:22-1 et seq.
a. The attached Initial Notice of Claim for Damages Against the Township of East Windsor, Mercer County, New Jersey form, as authorized by N.J.S.A. 59:8-6, be and is hereby adopted as the official Notice of Claim form to be used by all claimants who bring claims against the Township of East Windsor, its agencies or employees, under the New Jersey Tort Claims Act.*
b. Upon receipt of any Notice of Claim against the Township of East Windsor, its agencies or employees, the Municipal Clerk shall provide the claimant with a copy of the attached form with instructions that it be completed and returned in accordance with the provisions of this Ordinance.
*Editor's Note: The form referred to herein may be found on file in the office of the township clerk.
a. The owner and owners of any lot in the township shall within 30 days after becoming such owners, present the deed or other evidence of title for such lot to the East Windsor Township Tax Assessor for the purpose of recording the transfer and ownership of such lot in the official records of the township.
b. The deed or other evidence of title presented for recording and plotting shall contain a definite identification of the location of the lot or property conveyed by insertion of a metes and boundary description with a definite beginning point or by reference to a filed map. In addition, the deed or other evidence of title presented for recording and plotting shall contain the street and house number and the block and lot numbers according to the most current revision of the township tax map.
c. The township may refuse to accept any deed or other instrument for plotting or recording which does not contain the information required herein.
d. There shall be a fee of twenty-five ($25.00) dollars paid to the Township of East Windsor for the plotting and recording of each deed or other instrument, exclusive of a filed map, which is evidence of title.
e. Any person who fails to comply with any of the provisions of this section shall, upon conviction, be punished by a fine not exceeding five hundred ($500.00) dollars.
*Editor's Note: The Length of Service Awards Program (LOSAP) was approved by the voters at the election of November 6, 2001.
a. A Length of Service Awards Program (LOSAP) is hereby created in accordance with Chapter 388 of the Laws of 1997, to reward members of East Windsor Volunteer Fire Co. #1, Inc., East Windsor Volunteer Fire Co. #2, Inc., East Windsor Rescue Squad District 1, Inc., and East Windsor Rescue Squad District 2, Inc. for their loyal, diligent, and devoted services to the residents of East Windsor Township
b. The LOSAP shall provide for a fixed annual contribution to a deferred income account for each volunteer member that meets the criteria set forth below; that such contribution shall be made in accordance with a plan that shall be established by the East Windsor Township Council pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the Laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
c. The LOSAP shall provide for annual contributions of one thousand one hundred fifty ($1,150.00) dollars to each eligible member that meets the criteria as follows:
1. For Volunteer Members of East Windsor Volunteer Fire Co. #1., Inc. and East Windsor Volunteer Fire Co. #2, Inc. Each active volunteer member shall be credited with points for volunteer services set forth below. In order for a volunteer member to qualify for LOSAP, the member must accumulate 125 points by the end of each calendar year. All elected or appointed positions listed below require the completion of a full year's term in order to receive LOSAP points.
Emergency Response - 90 point maximum
(a) 1 point per call.
(b) Minimum of 50 calls for points to count toward LOSAP credit.
Drills - 20 point maximum
(a) 1 point per squad drill.
(b) Minimum of 12 drills for points to count toward LOSAP credit.
Training Courses - 15 point maximum
(a) 1 point for every 2 hours.
(b) Must successfully complete course given by a recognized training facility for points to count toward LOSAP credit.
Company Meetings - 12-points maximum
(a) 1 point per meeting.
(b) In order to obtain this credit, member must attend the entire meeting or be excused when responding to an emergency call.
Committees - 15 point maximum
(a) 10 points for committee chairperson.
(b) 5 points for committee member.
Elected or Appointed Positions - 25 points maximum
(a) 25 points for Chief or President.
(b) 20 points for Deputy Chief, Assistant Chief or Captain.
(c) 15 points for Lieutenant.
(d) 20 points for Captain.
(e) 10 points for Engineers, Vice President, Treasurer, Assistant Treasurer, Corresponding Secretary, Recording Secretary, or Trustees.
(f) 5 points for each of the following positions: Safety Officer, Fire Police (Captain and Lieutenant only), Equipment Officer, Training Officer (Junior Program), Special Fundraising Board, Sergeant at Arms, LOSAP Administrator, and Discipline Board (Black Hats only).
Miscellaneous Activities - 15 points maximum
(a) 1 point per activity.
(b) A qualifying activity shall be a Company sponsored event open to all members.
2. For Volunteer Members of East Windsor Rescue Squad District 1, Inc., and East Windsor Rescue Squad District 2, Inc. Each active volunteer member shall be credited with points for volunteer services set forth below. In order for a volunteer member to qualify for LOSAP, the member must accumulate 100 points by the end of each calendar year. All elected or appointed positions listed below require the completion of a full year's term in order to receive LOSAP points.
2 points per 10 calls.
2 points per squad drill.
(a) 2 points per meeting.
(b) In order to obtain this credit, member must attend the entire meeting or be excused when responding to an emergency call.
Elected or Appointed Positions
(a) 30 points for President or Chief of Operations.
(b) 20 points for any other elected position (other than Trustee).
(c) 5 points for elected Trustee.
(d) 10 points for any other appointed position (as per by-laws).
Special Assignments - 20 points maximum
2 points per squad assignment.
Stand-by Work Detail/Community Education - 40 points maximum
5 points per detail.
d. The estimated annual cost of the LOSAP program has been calculated as follows:
For regular annual services: eighty-five thousand ($85,000.00) dollars per year.
*Editor's Note: Pursuant to Section 7 of Ordinance No. 2004-21, this section shall take effect April 1, 2005.
2-36.1 Prohibition on Awarding Public Contracts to Certain Contributors to Political Campaigns.
a. Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any East Windsor Township candidate or holder of public office having substantial influence or responsibility for the award of contracts, or to any municipal or county party committee, or to any political action committee (PAC) that is organized for the purpose of promoting or supporting East Windsor Township candidates or officeholders, in excess of the thresholds specified in paragraph d. of this subsection within one calendar year immediately preceding the date of the contract or agreement.
b. No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendition of professional services shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any municipal or county party committee, in excess of the limits specified in paragraph d. of this subsection between the time of first communications between that business entity and the municipality regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
c. For purposes of this section, a "professional business entity" seeking a public contract means an individual, including the individual's spouse, if any, and any child living at home, person, firm, corporation, professional corporation, partnership, organization, or association. The definition of a business entity includes all principals who own ten percent or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
d. Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of four hundred ($400.00) dollars each for any purpose to any candidate for mayor or council, or four hundred ($400.00) dollars to any municipal or county party committee, or to a PAC referenced in this section without violating paragraph a. of this subsection. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners, and officers of the entity of the aggregate, may not annually contribute for any purpose in excess of two thousand five hundred ($2,500.00) dollars to all municipal candidates and officeholders having substantial influence or responsibility for the award of contracts, and all municipal or county political parties combined, without violating paragraph b. of this subsection.
e. "Professional Services" shall have the same meaning as set forth in the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.
f. The limitations set forth in paragraph d. of this subsection shall not apply in the event the subject contract is offered to the lowest responsible qualified bidder after public advertising for bids and quotes, pursuant to the provisions of the competitive contracting requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.
g. For purposes of this section, the office that is considered to have substantial influence or responsibility for the award of any public contract shall be:
1. The East Windsor Township Council, if the contract requires approval or appropriation from the Council.
2. The Mayor of East Windsor Township, if the contract requires approval of the mayor, or if a public officer who is responsible for the award of a contract is appointed by the mayor.
2-36.2 Contributions Made Prior to the Effective Date of Section. No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for mayor or council, or municipal or county party committee shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.
2-36.3 Contribution Statement by Professional Business Entity.
a. Prior to awarding any contract or agreement to procure services with any professional business entity, the township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of subsection 2-36.1 of this section.
b. The professional business entity shall have a continuing duty to report any violations of this section that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the township and shall be in addition to any other certifications that may be required by any other provision of law.
2-36.4 Return of Excess Contributions.
a. A professional business entity or township candidate or officeholder or municipal or county party committee may cure a violation of subsection 2-36.1 of this section if, within 30 days after the general election, the professional business entity notifies the township council in writing and seeks and receives reimbursement of a contribution from the township candidate or municipal or county political party.
b. A township candidate or officeholder or municipal or county party committee or PAC referenced in this section may cure a violation of subsection 2-36.1 of this section if, within 30 days after the general election, the township candidate or officeholder or municipal or county part committee or PAC notifies the municipal clerk in writing and makes reimbursement of the contribution from the business entity referenced in this section.
a. All East Windsor Township professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in subsection 2-36.1c to violate subsection 2-36.1b or to knowingly conceal or misrepresent contributions given or received, or to make or solicit such contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
b. Any professional business entity as defined in subsection 2-36.1c. and d. who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future township contracts for a period of four calendar years from the date of the violation.
2-37 Municipal Housing Liaison.
2-37.1 Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of East Windsor Township’s responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
2-37.2 Definitions. As used in this section, the following terms shall have the meanings indicated:
Administrative agent shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for East Windsor Township to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
Municipal housing liaison shall mean the employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for East Windsor Township.
2-37.3 Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.
a. Establishment of Position of Municipal Housing Liaison. There is hereby established the position of municipal housing liaison for East Windsor Township.
b. Subject to the approval of the Council on Affordable Housing (COAH), the municipal housing liaison shall be appointed by the governing body and may be a full or part time municipal employee.
c. The municipal housing liaison shall be responsible for oversight and administration of the affordable housing program for East Windsor Township, including the following responsibilities which may not be contracted out:
1. Serving as East Windsor Township’s primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;
2. Monitoring the status of all restricted units in East Windsor Township’s Fair Share Plan;
3. Compiling, verifying, and submitting annual reports as required by COAH;
4. Coordinating meetings with affordable housing providers and administrative agents, as applicable;
5. Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
6. If applicable, serving as the administrative agent for some or all of the restricted units in East Windsor Township as described in paragraph f. below.
d. Subject to approval by COAH, East Windsor Township may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of East Windsor Township. If East Windsor Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the municipal housing liaison shall supervise the contracting administrative agent.
e. Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the municipal housing liaison.
f. Administrative Powers and Duties Assigned to the Municipal Housing Liaison.
1. Affirmative Marketing.
(a) Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of East Windsor Township and the provisions of N.J.A.C. 5:80-26.15; and
(b) Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
2. Household Certification.
(a) Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c) Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d) Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(f) Employing the random selection process as provided in the Affirmative Marketing Plan of East Windsor Township when referring households for certification to affordable units.
3. Affordability Controls.
(a) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county’s register of deeds or county clerk’s office after the termination of the affordability controls for each restricted unit;
(d) Communicating with lenders regarding foreclosures; and
(e) Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
4. Resale and Rental.
(a) Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
(b) Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
5. Processing Request from Unit Owners.
(a) Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
(b) Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and
(c) Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(a) Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b) Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
(c) The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
(d) Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f) Establishing a rent-to-equity program;
(g) Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(h) Providing annual reports to COAH as required.
7. The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
(Ord. No. 2006-16; Ord. No. 2017-16