[Ord. No. 754 § 1; Ord. No. 91-880 § 1; Ord. No. 98-1135 § 7; Ord. No. 98-1150 § 1; Ord. No. 99-1159 § 1; Ord. No. 99-1182 § 1; Ord. No. 2001-1229 § 2; Ord. No. 2002-1293 §§ 1,
2; Ord. No. 2003-1312; Ord. No. 2003-1328 § 1; Ord. No. 2007-1475 § 1; Ord. No. 10-1554 § 1; Ord. No. 2010-1564; Ord. No. 2010-1577]
Fees for copies of municipal ordinances, records and services
are hereby fixed and established as follows:
a.
Development Regulations Ordinance $75
b.
Master Plan $50
c.
Zoning Map, Full Size $3
d.
Official Map, Full Size $3
e.
Open Space Plan $35
f.
Maps to 11" x 17"
Color $8/page
Black & White $4/page
g.
Maps greater than 11" x 17" up to 24" x 36"
Color $15/page
Black & White $7.50/page
h.
Maps greater than 24" x 36"
Color $25/page
Black & White $12.50/page
i.
Topographic Map, Available Areas
First Acre or Fraction Thereof $100
Additional Acre or Fraction, Same Tract $10
j.
Street Numbering Map $5
k.
Tax Maps, Complete Set $80
Individual Sheets $1 ea.
l.
Certifications for Title Purposes (Subdivision, Flood Plain, Certificate
of Occupancy) $25
m.
Preparation of list of property owners by Tax Collector within 200 feet of subject premises (§ 4-8 of Development Regulations Ordinance) $10
n.
Police accident reports requested other than in person
Per page copy set forth in Subsection p plus $5 to cover the administrative costs of the report
o.
Duplicate Tax Bill $5
p.
Copies of Borough records may be purchased by any person upon payment
of the following fees:
1.
Photocopying. The fee assessed for the duplication of a Borough record
embodied in the form of printed matter shall be as follows:
$0.05 per page
If in a particular case the Borough's actual costs of duplication exceed the foregoing rates, the requestor shall pay the Borough the actual cost of duplicating the record. The actual cost of duplicating the record upon which all copy fees are based, shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided for in Subsection c of this subsection. Access to electronic records and nonprinted materials shall be provided free of charge, but the public agency may charge for the actual costs of any needed supplies such as computer discs.
2.
Copies of records in different media whenever the nature, format,
manner or collation, or volume of a Borough record embodied in the
form of printed matter to be inspected, examined, or copied pursuant
to this subsection is such that the record cannot be reproduced by
ordinary document copying equipment in ordinary business size or involves
an extraordinary expenditure of time and effort to accommodate the
request, the Borough Clerk may charge, in addition to the actual cost
of duplicating the record, a special service charge that shall be
based upon the actual direct cost of providing the copy. In such cases,
the requestor shall have the opportunity to review and object to the
charge prior to its being incurred.
3.
If a request is for a record: (1) in a medium not routinely used
by the Borough; (2) not routinely developed or maintained by the Borough;
or (3) requiring a substantial amount of manipulation or programming
of information technology, the Borough Clerk may charge, in addition
to the actual cost of duplication, a special charge that shall be
reasonable and shall be based on the cost for any extensive use of
information technology or for the labor cost of personnel providing
the service, that is actually incurred by the Borough or attributable
to the Borough for the programming, clerical, and supervisory assistance
required, or both.
q.
Copy of video tape from Police Department $25
r.
Copies of audio tapes from Police Department or audio tapes or transcripts
of meetings of Borough Council or any other Borough board, commission
or committee: Actual cost of the reproduction of the tape(s) or the
preparation of the transcript(s). For transcripts only, an amount
estimated by the Borough Clerk shall be deposited immediately after
the request for a copy of a tape or transcript is made. There shall
be a minimum deposit of $300 (per meeting) for transcripts. Any excess
shall be returned to the applicant or any balance owed shall be paid
by the applicant at the time of the delivery of the transcript.
s.
Administrative fee for supervisory and/or clerical personnel necessary
to search requested public records which cannot be readily searched
by members of the public:
Supervisory: $30/hour
Clerical: $25/hour
t.
Copies of birth, death and marriage certificates and other official
documents from the Registrar's office $10
[Ord. No. 2003-1328 § 2; Ord. No. 2009-1527 § 1]
a.
The fee for notary services (including administering an oath or taking
an affidavit, or taking proof of a deed or taking any other acknowledgment)
by the Borough Clerk or any other Borough official is hereby fixed
and established to be $2.50 per acknowledgment.
b.
No fee shall be charged for notarizing signatures on documents that
are being filed with the Borough such as Planning Board or Board of
Adjustment applications.
c.
No fees shall be charged for notarizing signatures of senior citizens
(ages 62 and older) who are residents of the Borough.
[Ord. No. 673 § 1]
Any party, claiming payment from the Borough of Bernardsville
shall present to the Borough Clerk an itemized bill or detailed demand
duly certified upon forms furnished by the Borough Clerk.
[Ord. No. 673 § 2]
Every claim shall be approved for payment by the Department
Head having jurisdiction over the material furnished or the services
rendered whose signature will appear thereon. The Borough Clerk shall
certify upon each claim that sufficient funds are available in the
appropriate account being charged therefor. All claims shall then
be presented to the Mayor and Council for formal approval at a public
meeting. These claims shall be summarized by type of expense and Department
by the Borough Clerk prior to each Council Meeting. This summary schedule
showing a comparison to year to date spending and annual budget by
Department and line item shall be attached to the claims and provided
to the Council at its monthly Work Meeting for review. At least two
members of the Council shall sign the summary schedule indicating
approval. If a claim is not approved, it shall be removed from the
summary schedule and separated from the backup material. Notwithstanding
the procedural requirements of this subsection, any claim may be presented
to the Mayor and Council for formal approval at a public meeting,
provided the reasons for noncompliance with these requirements are
indicated thereon.
[Ord. No. 673 § 3]
All claims shall then be considered by the Mayor and Council,
which shall approve the same, except that the Mayor and Council may,
by majority vote, reject any claim presented to it stating the reasons
therefor. Any claim which is rejected or disapproved shall be returned
to the Borough Clerk with such instructions as the Mayor and Council
may deem appropriate.
[Ord. No. 673 § 4]
It shall be the duty of the Borough Clerk to record all claims
in the official minutes, indicating that the Mayor and Council have
by formal action approved the same or, in the case of a rejected claim,
with an appropriate record of its rejection or disapproval and the
reasons therefor.
[Ord. No. 673 § 5]
It shall be the duty of the Borough Council, to indicate on
each approved claim that it has been approved for payment and to note
the day of approval thereon. Thereupon the necessary checks for the
payment of approved claims shall be prepared forthwith, which checks
shall be signed by the Mayor or the Borough Administrator or the President
of the Borough Council and the Borough Clerk or Deputy Borough Clerk,
and thereafter countersigned by the Municipal Treasurer or other custodian
of funds. After checks have been prepared for payment of claims and
duly signed, they shall be recorded in proper books of account and
thereafter mailed or otherwise distributed to the claimant.
[Ord. No. 673 § 6]
In the case of payroll, the appropriate Committee Chairmen,
or such other officers or employees as may be designated by resolution
of the Mayor and Council shall prepare the necessary payrolls for
all employees, which payrolls shall be duly certified by the persons
authorized to certify that the services have been rendered and the
amount specified is then due and owing to the employee or employees
in accordance with the applicable provisions of the Salary Ordinance
then in effect or resolution adopted pursuant thereto. It shall be
the duty of the Borough Clerk to supervise preparation and certification
of said payrolls and, if found to be in proper order, the Borough
Clerk shall cause said payrolls to be paid in due course. The payrolls
shall then be presented to the Mayor and Council for approval and
ratification at the next succeeding public meeting.
[Ord. No. 96-1068 § 1]
Every application for farmland assessment shall be accompanied
by a fee of $25 except that contiguous and noncontiguous parcels of
land owned by the same owner shall be subject to a single fee. Failure
to include the required fee shall result in rejection of the application.
All fees collected will go into the general treasury.
[Ord. No. 98-1147 § 1]
Except as provided below, the Borough shall, upon a request
of an employee of the Borough, provide for the defense of any action
brought against such Borough employee on account of an act or omission
in the scope of his or her employment or official Borough duties.
For the purposes of this section, the Borough's duty to defend shall
extend to counterclaims or cross claims against an employee.
[Ord. No. 98-1147 § 1]
The Borough may refuse to provide for the defense of an action
referred to in this section if it determines that:
a.
The act or omission was not within the scope of employment; or
b.
The act or the failure to act was because of actual fraud, willful
misconduct or actual malice; or
c.
The action is brought by the Borough itself against the employee;
or
d.
The employee acted in violation of the Municipal Ethics Law, N.J.S.A.
40A:9:22.1, et seq.
[Ord. No. 98-1147 § 1]
Nothing in this section requires the Borough to pay for punitive
or exemplary damage or damages resulting from the commission of a
crime. The Borough may indemnify a Borough employee for exemplary
or punitive damages resulting from the employee's civil violation
of State or Federal law if, in the opinion of the Governing Body,
the acts committed by the employee upon which the damages are based
did not constitute actual fraud, actual malice, willful misconduct
or an intentional wrong.
[Ord. No. 98-1147 § 1]
It shall be the duty of the employee to immediately notify the
Borough Clerk in writing as to any action threatened against the employee.
[Ord. No. 98-1147 § 1]
The Borough shall have exclusive control over the representation
of such person defended and such person shall cooperate fully with
the Borough, provided, however, that such person may at any time and
at such person's option take control over representation by waiving
all rights to indemnification and all rights to payment for costs
of defense.
[Ord. No. 98-1147 § 1]
The Borough may provide for the defense pursuant to this section by authorizing the Borough Attorney to act on behalf of the person being defended, or by employing other counsel for this purpose, or by asserting the Borough's right under any appropriate insurance policy which requires the insurance to provide the defense. Except as provided in Subsection 2-63.7, the Borough shall not reimburse the employee for any legal costs incurred that were not authorized by the Borough in writing.
[Ord. No. 98-1147 § 1; Ord. No. 99-1155 § 1]
If the Borough provides for the defense of an employee or former
employee, the Borough shall provide indemnification for the Borough
employee. If the Borough refuses to provide for the defense of an
employee as required above, the employee shall be entitled to indemnification
from the Borough if he or she establishes that the act or omission
upon which the claim or judgment was based occurred within the scope
of his or her duties as an employee of the Borough and if he or she
proves that the act or omission was not the result of fraud, malice
or willful misconduct.
[Ord. No. 98-1147 § 1]
For purposes of this section, "employee" shall mean an officer,
employee or servant of the Borough, whether or not compensated or
part-time, who is authorized to perform any act or service, provided,
however, that the term shall not include an independent contractor.
Other terms shall have the meanings set forth in the New Jersey Tort
Claims Act.
[Ord. No. 07-1471 § 1]
The purpose of this section is to establish policies and procedures
for the collection of fees associated with the performance of marriage
or civil union ceremonies by the Mayor or Deputy Mayor, when authorized
by the Mayor.
[Ord. No. 07-1471 § 1]
a.
Fees. Persons seeking to be married or joined in civil union by the
Mayor of the Borough of Bernardsville, or Deputy Mayor when authorized
by the Mayor, shall remit a fee of $100, to be paid by check or money
order, made payable to the "Borough of Bernardsville."
b.
Receipt of Fees. Fees collected by the Borough shall be deposited
into the Township's current fund.
[Ord. No. 07-1471 § 1]
a.
Disbursement of Fees. Fees for service may be disbursed to the Mayor
or Deputy Mayor through the appropriate budget line item and with
appropriate authorization.
b.
Eligible Persons. The Borough shall reimburse only proper and reasonable
expenses incurred directly by and for the Mayor or Deputy Mayor. Under
no circumstances shall the Borough reimburse expenses or expenditures
on behalf of or because of any spouse, child, guest or other person.
[Ord. No. 08-1493, § 1]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Program:
Borough Administrator
Borough Engineer
Borough Prosecutor
Borough Municipal Court Judge.
[Ord. No. 08-1493, § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
Certified Health Officer
Tax Collector
Chief Financial Officer
Construction Code Official
Qualified Purchasing Agent
Tax Assessor
Borough Clerk
Subcode Officials
Principal Public Works Manager.
[Ord. No. 1493, § 3]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. No. 1493, § 4]
Should any parts of this section be held to be invalid by any
competent court of law, such invalidity shall only affect the part
or parts held to be invalid, and all other parts shall remain in effect.
[Ord. No. 1493, § 5]
A copy of this section shall be filed with the Director of the
Division of Pensions and Benefits of the New Jersey Department of
Treasury.
[Ord. No. 2010-1547 § 1]
a.
Any third-party contractors, vendors and professionals seeking to
provide in-kind/donated goods and/or services to the Borough of Bernardsville
shall first submit a written offer to the Borough Administrator outlining
the exact/donated goods and/or services to be provided.
b.
The offer outline shall contain, at a minimum:
1.
The name, address and phone number of the party offering the services.
2.
A detailed description of the goods and/or services to be provided
and the dates within which the services will be performed or the goods
will be delivered.
3.
The monetary value of the goods and/or services offered if such goods
and/or services were to be sold on the open market.
4.
Two references.
5.
Political contribution form.
[Ord. No. 2010-1547 § 1]
b.
Upon receipt and review of the recommendations from the department
head(s) and the Borough Attorney, the Council, at a regularly scheduled
meeting, shall determine whether the goods and/or services are offered
in the best interests of the Borough and, if so, whether to accept
the goods and/or services offered, reject the goods and/or services
offered or determine that further information is required before a
decision can be made.
[Ord. No. 2010-1547 § 1]
The terms of the offer notwithstanding, the performance of any
services accepted by the Borough shall be conducted during the normal
business hours of the Borough, except upon the written consent of
the Borough Administrator and shall be subject to the supervision
of the Borough administration.
[Ord. No. 2010-1547 § 1]
The governing body may reject any offer of an in-kind donation
on the ground that such donation would constitute a conflict of interest
or would create the appearance of a conflict of interest, if there
is a pending or anticipated application before the Borough Planning
Board or Board of Adjustment, or a pending matter before the Borough
Municipal Court, or the prospective donor has been contributed to
or is involved in a political campaign for local officer.
[Added 8-12-2019 by Ord. No. 2019-1808]
In accordance with the provisions of N.J.A.C. 5:30-9A.8,[1] the Borough Administrator, the Borough Chief Finance Officer
and the Borough Treasurer/Assistant Finance Officer are hereby authorized
to use standard electronics fund transfer technologies for electronic
funds transfers.
[1]
Editor's Note: N.J.A.C. 5:30-9A.8 was repealed effective 1-16-2018.
This section does not allow the above-named employees to exceed
the maximum bid thresholds or other limits set forth in the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
Procurement card issuers and providers of ACH and wire transfer
services are to be financial institutions chartered by federal or
state authority. ACH and wire transfer services must be provided by
a financial institution covered by the Governmental Unit Deposit Protection
Act, N.J.S.A. 17:9-41 et seq.
A procurement card number may be used in lieu of a credit card
number required by a vendor.
