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Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[1967 Code § 2-24.1]
There shall be a Parking Commission known as the Parking Commission of the Borough of Bound Brook which shall be appointed by the Mayor with the advice and consent of the Borough Council.
[1967 Code § 2-24.2]
The Commission shall consist of seven members who shall serve for three-year staggered terms. Appointments to fill vacancies shall be made in the same manner as original appointments and all such appointments shall be for the unexpired term only.
[1967 Code § 2-24.3]
The Parking Commission shall have under its jurisdiction all of the off-street parking areas owned or leased by the Borough. The Parking Commission shall also advise and make recommendations to the Mayor and Council on matters relating to on-street parking.
[1967 Code § 2-24.4]
The Parking Commission shall have the power, subject to the approval of the Mayor and Council, to:
a. 
Develop procedures, regulations and fees for the use and operation of the parking areas and to arrange for the maintenance of same.
b. 
Develop and institute a system for submitting monthly reports to the Mayor and Council pertaining to revenue, operations, personnel, maintenance and security.
c. 
Prepare, pursuant to the terms of the lease between the Borough of Bound Brook and the New Jersey Transit Corporation, a budget for the leased off-street parking areas for the ensuing year and submit same to the Mayor and Council by October 1 of each year.
d. 
The Commission shall have the right to meet with the Mayor and Council to discuss all pertinent matters affecting the Commission's powers and responsibilities.
e. 
All rules, regulations, fees, etc, submitted to the Mayor and Council for approval shall be in accordance with the then-existing lease agreement between the Borough and the New Jersey Transit Corporation.
[1967 Code § 2-24.5]
The Mayor may appoint two alternate members who shall have the right to attend all meetings of the Commission and to participate in discussions of any proceedings. Such alternate members shall serve for a term of one year or until the appointment and qualification of a successor. The alternate members shall be designated as First Alternate and Second Alternate and in such order may vote in the event of the absence or disability of one or both of the regular representatives. No alternate member shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.
[1967 Code § 2-20.1]
There shall be a Shade Tree Commission known as the Shade Tree Commission of the Borough of Bound Brook, which shall be appointed pursuant to N.J.S.A. 40:64-1, et seq., and shall exercise the powers contained therein. The Commission shall consist of five members appointed by the Mayor, who shall be residents of the Borough and shall serve without compensation, except for the secretary. The Shade Tree Commission shall have within its jurisdiction the regulation, planting, care and control of shade and ornamental trees and shrubbery, upon and in the streets, highways, public places, parks and parkways of the Borough of Bound Brook, except State highways, unless the State Highway Department shall assent thereto, and except county highways, parks and parkways, unless the proper county authority gives assent thereto.
[1967 Code § 2-20.2]
The members of the Commission shall serve for five-year staggered terms. The Commission shall organize annually by the election of one of its members as Chairman, and the appointment of a secretary, who need not be a member. The salary of the secretary, who may be compensated even if a member of the Commission, shall be fixed by the Borough Council. The salary of all other employees shall be fixed by the Commission. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule, if any, of the Borough for corresponding positions. Any vacancy occurring by reason of the death, resignation, removal or ineligibility of any Commissioner shall be filled for the unexpired term by the Mayor or other Chief Executive of the Borough.
[1967 Code § 2-20.3]
The Shade Tree Commission shall have the power to:
a. 
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to Subsection 2-32.1, including the planting, trimming, spraying, care and protection thereof.
b. 
Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.
c. 
Move or require the removal of any tree, or part thereof, dangerous to public safety.
d. 
Care for and control parks and parkways; encourage arboriculture; make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the Borough Council, any and all ordinances necessary or proper for carrying out the provisions of this section.
e. 
Administer treatment to, or remove, any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Borough, and enter upon private property for that purpose, with the consent of the owner thereof, provided the suspected condition is first confirmed by certificate issued by or on behalf of the New Jersey Department of Agriculture.
[1967 Code § 2-20.4]
Except as hereinafter provided, the initial cost of all trees planted by the Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof, and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so determine in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost shall, if it is so determined that it is to be paid by the owner, and unless paid directly to the Commission, be certified by it to the Tax Collector; shall thereupon become and be a lien upon the real estate; shall be included in the next tax bill rendered to the owner or owners thereof and be collected in the same manner as other taxes against that property. The provisions of this subsection shall not apply:
a. 
A planting to replace a tree or trees theretofore planted by the Commission.
b. 
A planting in connection with Arbor Day exercises or other educational demonstration.
[1967 Code § 2-20.5]
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree, the Commission shall give notice of the meeting at which it is proposed to consider the planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the Borough, or by personal service of a copy of the notice upon the abutting property owner at least 10 days before the meeting. The notice shall specify the street, streets, or portions thereof, on which the planting is proposed and require all persons who may object thereto to present their objections in writing at the Office of the Commission at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The commission shall give reasonable notice of its intention to remove, or cause the removal of a tree, or part of a tree, dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
[1967 Code § 2-20.6]
No statute giving any person or state, county or municipal board, body or official, power or authority to lay any sidewalk along, or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Tree Commission within whose jurisdiction the tree shall be located. In all cases, the Commission shall reasonably cooperate with any person, board, body or official for the general public good.
Nothing in this subsection shall be held to take away or diminish any of the powers or authority of any county park commission over the trees or shrubbery in any county park or parkway within its jurisdiction, or to give any other commission or board any power or authority with respect to such trees or shrubbery.
[1967 Code § 2-20.7]
The Mayor may appoint two alternate members who shall have the right to attend all meetings of the Commission and to participate in discussions of any proceedings. Such alternate members shall serve for a term of one year or until the appointment and qualification of a successor. The alternate members shall be designated as First Alternate and Second Alternate and in such order may vote in the event of the absence or disability of one or both of the regular representatives. No alternate member shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.
[1967 Code § 2-21.1]
There shall be a Board of Recreation Commissioners established pursuant to N.J.S.A. 40:12.1, et seq., which shall be known as the Board of Recreation Commissioners of the Borough of Bound Brook. The Commission shall consist of seven members appointed for five-year staggered terms as provided by law.
[1967 Code § 2-21.2]
The Board of Recreation Commissioners shall have such powers and receive such financial aid from the Borough as authorized by N.J.S.A. 40:12-1, et seq. The Commissioners shall receive no compensation for their services.
[1967 Code § 2-21.3; amended 10-13-2020 by Ord. No. 2020-29]
The governing body may appoint two alternate members who shall have the right to attend all meetings of the Commission and to participate in discussions of any proceedings. The alternate members shall be designated as First Alternate and Second Alternate and in such order may vote in the event of the absence or disability of one or both of the regular representatives. The length of the terms of the alternate members shall be the same as the length of the terms of the regular members of the Board of Recreation Commissioners. If two alternates are appointed, their terms shall be staggered by the appointment of one of the alternates for an initial term that is a year less than the regular term. No alternate member shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.
[1967 Code § 2-22.1]
The Borough of Bound Brook, agrees to participate in the creation of and operation of the Green Brook Flood Control Commission pursuant to N.J.S.A. 40:14-16 et seq., as follows:
a. 
The Green Brook Flood Control Commission shall be established in accordance with N.J.S.A. 40:14-16 et seq.
b. 
The municipalities and counties invited to participate in the Commission are: Borough of Bound Brook, Township of Bridgewater, Borough of Dunellen, Township of Green Brook, Borough of Middlesex, Borough of North Plainfield, City of Plainfield, Township of Scotch Plains, Borough of Watchung, County of Middlesex, County of Somerset and County of Union.
[1967 Code § 2-22.1]
The Green Brook Flood Control Commission shall:
a. 
Collect, study and analyze data on flooding, past floods, and the causes of floods in the area;
b. 
Make such data and studies available to the participating members, to the Division of Water Policy and Supply, the Army Corps of Engineers, local and county planning boards and officials concerned with subdivisions and development of properties within the floodway and drainage areas;
c. 
Keep itself informed as to the availability of State and Federal funds and grants, and the procedures for applying therefor, and shall make such information available to participating members;
d. 
Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning, and the like;
e. 
Encourage the acquisition of lands within the flooding and low lying areas, by appropriate County Park Commissions, counties or participating municipalities;
f. 
Publicize methods of flood control and flood prevention;
g. 
Encourage its participating members, and others, to adopt appropriate ordinances and regulations relating to flood control;
h. 
Encourage its participating members to support other programs designed or intended to alleviate flooding;
i. 
Perform such other acts and fulfill such other functions as may be permitted by law and as determined by the members, subject to the limitations in this agreement and subject to the limitations as set forth in N.J.S.A. 40:14-16 et seq.
[1967 Code § 2-22.3]
a. 
The Mayor and Council shall appoint two representatives to the Commission. Either or both of the representatives may be a member of the Borough Council or hold other elective or appointed office in the Borough.
b. 
Each regular representative shall serve for a term of five years, or until his successor has been appointed and has qualified, except that any appointed representative who holds another elected or appointed public office shall serve as representative for the term of his elected or appointed office and only so long as he shall hold an elected or appointed public office, notwithstanding his term of appointment as such representative. Appointments to vacancies shall be filled for the balance of the term only.
c. 
In addition to these representatives, the Mayor and Council may appoint two alternate representatives to the Commission, who shall serve for the terms of one year each, or until the appointment and qualification of their successors. These alternates shall have the right to attend all meetings of the Commission and take part in all discussions. The alternates shall be designated as First Alternate and Second Alternate, and in such order may represent the Borough Council and vote in the event of the absence or disability of one or both of the regular representatives. No alternate representative shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.
[1967 Code § 2-22.4]
Any number of members of the Commission shall have the right to meet at regularly scheduled meetings. Any action taken involving the expenditure of funds, other than clerical and mailing connected with the usual business of the Commission, shall be adopted only at a meeting at which there are at least three county representatives (regardless of the total number of counties represented thereby), and at least nine municipal representatives (regardless of the total number of municipalities represented thereby).
[1967 Code § 2-22.5]
The tentative annual budget for the Commission shall be adopted by the Commission no later than January 15 of each year, and the adoption shall be by a vote of at least three county representatives (regardless of the total number of counties represented thereby), and at least nine municipal representatives (regardless of the total number of municipalities represented thereby). A copy of the tentative budget shall be sent to the Governing Body of each of the participating counties and municipalities within one week of the adoption thereof. Such notice shall include notification of the date fixed by the Commission for final adoption of the budget, which shall be at least three weeks after the date of tentative adoption by the Commission.
Expenditures outside the regular budget for special projects involving two or more of the participating member counties or municipalities (but less than the entire Commission) shall be negotiated and arranged separately among the involved participating members and the Commission.
[1967 Code § 2-22.6]
a. 
The general, administrative and other expenses of the Commission, affecting the Commission as a whole, shall be apportioned among the members as follows:
1. 
One-fourth thereof to be apportioned among the member counties as follows: Middlesex County 4.2%, Somerset County 12.5% and Union County 3.3%.
2. 
Three-fourths thereof to be apportioned among the member municipalities, according to a formula taking into account population and frontage along the brook, and resulting in the following: Bound Brook 3.65%, Bridgewater 8.75%, Dunellen 2.95%, Green Brook Township 6.0%, Middlesex Borough 9.65%, North Plainfield 11.05%, Plainfield 17.95%, Scotch Plains 7.05%, and Watchung 7.95%. In the event any of the foregoing municipalities do not join, the formula used to obtain the foregoing percentages shall be reapplied to determine the apportionment among the remaining and participating municipalities.
b. 
Whenever a specific project is to be undertaken involving less than the interests of all of the participating members, or of special benefit to less than all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specifically benefited thereby in advance of authorization of the project.
c. 
The apportionments set forth herein may be changed by agreement among the participating municipalities and counties, provided that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in this subsection, without consent of the Governing Body of the participating members.
[1967 Code § 2-22.7]
Each member, municipality and county reserves the right, pursuant to N.J.S.A. 40:14-17, to withdraw from the Commission, provided that at least 90 days' notice of such intention is given to the Commission, and provided, further, that such withdrawal after the adoption of the Commission budget for a given year shall not abrogate the responsibility of the municipality or county to meet its obligation under the budget for such year.
[1967 Code § 2-22.8]
a. 
In the event it is necessary for the Borough Engineer to make an inspection of an area to determine if the property is in the flood hazard area, a fee of $25 shall be paid by anyone requesting certification concerning property located within the Borough of Bound Brook, the fee to be charged for each parcel of land carried as a separate item on the tax map of the Borough of Bound Brook. However, if the Zoning Officer is able to issue the certification without requesting assistance of the Borough Engineer, the fee shall be $10 rather than $25.
b. 
The certification letter from the Borough of Bound Brook shall be issued by the Zoning Officer.
[Ord. No. 05-26 § 1]
A Library Advisory Board is hereby established to act as liaison between the Borough of Bound Brook and the Somerset County Library Commission and to perform such other functions as shall from time to time be appropriate for the continuation of a public library within the Borough of Bound Brook. The Library Advisory Board shall consist of the Mayor or his designated alternate, the Borough's Superintendent of Schools or his designated alternate, and five resident members appointed by the Mayor with the advice and consent of the Council. Each member appointed by the Mayor with the advice and consent of the Council shall serve for a term of three years and until his successor is appointed and qualified; except that, of those five members first appointed, two members shall serve an initial term of three years, two members shall serve an initial term of two years, and one member shall serve an initial term of one year. The Library Advisory Board shall adopt by-laws governing the conduct of its business and shall hold an organizational meeting annually in January of each year.
[Ord. No. 05-26 § 2]
The Library Advisory Board is hereby authorized and empowered to perform such functions as may be necessary to conclude the affairs of the Bound Brook Municipal Public Library Board of Trustees.
[1]
Editor's Note: The Municipal Free Public Library was discontinued pursuant to Ordinance No. 05-24.
[Ord. No. 2016-08]
The Architectural Review Advisory Committee is hereby established to promote the general welfare by preserving the exterior architectural heritage of the Borough of Bound Brook, specifically by:
a. 
Encouraging the rejuvenation and maintenance of all structures of historical significance located in the Borough, in concert with the Historical Preservation Committee.
b. 
Stabilizing and improving property values.
c. 
Fostering civic pride and beauty.
d. 
Encouraging the private sector's involvement with restoring and preserving certain traditionally significant structures.
e. 
Providing advisory architectural reports pertaining to new exterior construction.
f. 
Providing advisory architectural reports to the Planning Board and Zoning Board of Adjustment.
[Ord. No. 2016-08]
a. 
The Borough Council shall appoint an Architectural Review Advisory Committee consisting of five residents of the Borough, one of whom shall be a member of a business association or the owner or operator of a commercial business located in the Borough, and one of whom shall be a member of the Bound Brook Historic Preservation Commission. Each member shall serve for a term of three years commencing January 1 of each year and until their successors are appointed and qualified. In January of each year, the Architectural Review Advisory Committee shall elect a Chairperson and Vice Chairperson from its members and elect a Secretary who may or may not be a municipal employee.
b. 
A member of the Borough Council shall be appointed by the Council as liaison to the Architectural Review Advisory Committee for a one-year term.
c. 
Initial appointments shall be staggered so that two citizen members shall be appointed for three-year terms, two citizen members shall be appointed for two-year terms, and one citizen member shall be appointed for a one-year term.
d. 
The Architectural Review Advisory Committee shall adopt by-laws.
e. 
The Architectural Review Advisory Committee shall annually elect a Chairperson and a Secretary. The Secretary shall keep meeting minutes, which minutes may be provided to the Planning Board to convey the Architectural Review Advisory Committee's comments on each application it reviews.
[Ord. No. 2016-08]
The Architectural Review Advisory Committee shall review any construction, addition or alteration to any building, or to any part thereof, or to any physical structures, including signs, which affect exterior features visible from a public street, way or place. All applications to the Planning Board or Zoning Board of Adjustment shall be referred to the Architectural Review Advisory Committee, which Committee shall make a report within the time prescribed by the Planning Board's or Zoning Board of Adjustment's referral schedule. The report of the Architectural Review Advisory Committee shall be advisory, with no authority over any land use, zoning or planning decisions. If no such report is received within 35 days of referral by the Planning Board or Zoning Board of Adjustment, such Boards' referral obligation hereunder shall be deemed satisfied. For any construction, additions or alterations to any building, or to any part thereof, or to any physical structures, including signs, which affect exterior features visible from a public street, way or place and that do not require application to the Planning Board or Zoning Board of Adjustment, the Architectural Review Advisory Committee shall have 15 days to review and make a recommendation.
[9-26-2017 by Ord. No. 2017-29]
There is hereby created a Cultural Arts Committee (hereafter known as the "Committee") to promote and encourage the expression and appreciation of the visual, literary and performing arts in Bound Brook by utilizing and cultivating the rich diversity of talent available both within and to Bound Brook.
[9-26-2017 by Ord. No. 2017-29]
The Committee shall:
a. 
Investigate, develop and recommend community initiatives encouraging expression and appreciation of the arts in Bound Brook.
b. 
Promote initiatives and events encouraging expression and appreciation of the arts in Bound Brook.
c. 
Establish relationships with private and nonprofit organizations to further the expression and appreciation of the arts.
d. 
Leverage arts expression and appreciation to foster economic development and growth.
e. 
Maximize utilization of Bound Brook's indigenous arts resources, both institutional and individual.
f. 
Recommend public policy and legislative positions that serve to achieve the mission.
[9-26-2017 by Ord. No. 2017-29]
a. 
The Committee will be made up of a steering committee and various subcommittees as named and designated by the steering committee.
b. 
The steering committee shall consist of up to 13 members. The membership make-up of the Committee and the subcommittees shall be determined by the bylaws.
[Amended 2-13-2018 by Ord. No. 2018-01]
c. 
The Chairperson, Vice Chairperson, Secretary and Treasurer of the steering committee will be selected from one of its members in a process outlined in the bylaws.
d. 
Members missing more than three meetings will be requested to step down.[1]
[Added 12-27-2017 by Ord. No. 2017-38]
[1]
Editor’s Note: Former Subsection e, regarding appointment of alternate members, which immediately followed, was repealed 2-13-2018 by Ord. No. 2018-01.
[9-26-2017 by Ord. No. 2017-29]
a. 
Committee members will serve for a term of three years, with the exception of the appointments made in the first year. One-third of the members will be appointed for a one-year term; 1/3 will be appointed for a two-year term; and 1/3 will be appointed for a three-year term.
b. 
After the initial terms have expired, each newly appointed Committee member will be appointed for a three-year term.
c. 
Subcommittee terms will be outlined in the bylaws.
[9-26-2017 by Ord. No. 2017-29]
The Committee shall keep records of its meetings and activities and shall make an annual report on or before the first day of April, which shall be submitted to the Borough Council, and which report shall be comprehensive and detailed, covering operations, receipts, disbursements and expenditures for the full year.
[9-26-2017 by Ord. No. 2017-29]
a. 
Steering committee meetings will be held monthly or more frequently as determined by the steering committee.
b. 
Subcommittee meeting dates and times will be determined by each subcommittee.
[9-26-2017 by Ord. No. 2017-29]
a. 
The Borough Council shall annually fix, determine and appropriate a sum sufficient for the expenses of the Committee.
b. 
The Committee shall not maintain its own financial records, but all financial records and financial matters shall be maintained by and conducted through the usual Borough departments.
[9-26-2017 by Ord. No. 2017-29]
a. 
In accordance with N.J.S.A. 40A:5-29, which authorizes the Borough of Bound Brook to receive amounts from public donations to be expended for a specific purpose, the Bound Brook Cultural Arts Trust Fund shall be funded through the dedication to the fund of public donations and testamentary bequests intended for such purposes.
b. 
The funds accumulated within the trust fund may be utilized only for costs incurred to promote and encourage the expression and appreciation of the visual, literary and performing arts in Bound Brook by utilizing and cultivating the rich diversity of talent available both within and to Bound Brook.
[9-26-2017 by Ord. No. 2017-29]
Procedural questions will be managed according to Robert's Rules of Order unless Committee bylaws are adopted which will supersede the use of Robert's Rules.
[9-26-2017 by Ord. No. 2017-29]
The Arts Committee may receive amounts from public donations to promote and encourage the expression and appreciation of the visual, literary and performing arts in Bound Brook. The Borough desires to create a mechanism whereby such public donations will be placed into an account to be used solely for purposes consistent with the purposes and mission of the Bound Brook Cultural Arts Committee.
[9-26-2017 by Ord. No. 2017-29]
All public donations realized or dedicated to the Borough for the specific purpose of promoting and encouraging the expression and appreciation of the visual, literary and performing arts in Bound Brook shall be deposited in a municipal account to be known as the "Bound Brook Cultural Arts Trust Fund."
[9-26-2017 by Ord. No. 2017-29]
Any expenditure made from the above-mentioned municipal account shall be used solely for the costs incurred to promote and encourage the expression and appreciation of the visual, literary and performing arts in Bound Brook by utilizing and cultivating the rich diversity of talent available both within and to Bound Brook.
[9-26-2017 by Ord. No. 2017-29]
The final determination as to the expenditure of funds for the capital purposes aforesaid shall be made by the Bound Brook Cultural Arts Committee. The decision shall be by majority vote of the steering committee of the Cultural Arts Committee in accordance with its bylaws.
[1]
Editor's Note: See also Code Appendix B Health and Code Appendix C Board of Health Fees.
[1967 Code § 2-17.1]
There shall be a Board of Health in the Borough of Bound Brook which shall consist of seven members who shall be appointed by the Mayor with the advice and consent of the Borough Council. Members shall be appointed for a term of four years. Appointments to fill vacancies shall be made in the same manner as original appointments and all such appointments shall be for the unexpired term only.
[1967 Code § 2-17.2]
The Board of Health shall have the power and authority to adopt ordinances relating to the protection of the health of Borough residents, shall employ necessary personnel and fix their salaries, and shall have under its jurisdiction the Bureau of Vital Statistics of the Borough, the Health Officer and such other employees as are necessary to carry out its duties. The Board of Health shall have all of the jurisdiction conferred upon Boards of Health by Title 26 of the Revised Statutes.
[1967 Code § 2-17.3]
The Mayor may appoint two alternate members who shall have the right to attend all meetings of the Commission and to participate in discussions of any proceedings. Such alternate members shall serve for a term of one year or until the appointment and qualification of a successor. The alternate members shall be designated as First Alternate and Second Alternate and in such order may vote in the event of the absence or disability of one or both of the regular representatives. No alternate member shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.