Township of Branchburg, NJ
Somerset County
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Table of Contents
Table of Contents
[Editor's Note: The form of government in the Township of Branchburg is the Township Form which comprises Chapters 142 to 156A in Title 40 of the New Jersey Revised Statutes. The Administrative Code has been drafted in conformity with the township law and in many instances, provisions of the township law have been restated in the code. Other enabling laws pertaining to the Administrative Chapter are R.S. 2A:8-1 et seq., Municipal Court; R.S. 40:55D-69, Zoning Board of Adjustment; R. S. 40:55D-1, Planning Board; R.S. 26:3-1 et seq., Board of Health; Board of Assessment, R.S. 40:56-21 et seq.; Industrial Commission, R.S. 40:55B-1 et seq.; Environmental Commission, R.S. 40:56A-1, et seq.; and Board of Recreation Commissioners, N.J.S. 40:12-1. Other authority to regulate the internal affairs of the township is contained in R.S. 40:48-2.
For salary grades and ranges, wages, compensation and fees of all officers and employees of the township, see salary ordinances of the township. Such ordinances are not included in these Revised Ordinances, but are saved from repeal. See Adopting Ordinance.]
[New; Ord. #2014-1246]
The township committee shall be composed of five members. At each annual election, members of the township committee shall be elected for three years, as the terms of office may expire.
All legislative power of the township shall be exercised by the township committee pursuant to law.
The Township Committee will organize annually in accordance with State Statutes, at which time it will elect a mayor and deputy mayor from among its members. The Mayor shall preside at meetings of the Township Committee and perform such other duties as the Township Committee may prescribe.
The deputy mayor shall serve in the absence of the mayor and exercise all the powers and duties prescribed for the mayor and permitted by law.
The mayor shall have the power to make proclamations concerning holidays and events of interest to the township. He may appoint citizens' committees and have such other appointment powers as are conferred upon him by law. He shall have and exercise the ceremonial power of the township and he shall exercise every other power usually exercised by the township mayors or conferred upon him by law.
a. 
Regular meetings. Regular meetings of the Township Committee shall be held on dates set from time to time by Resolution of the Township Committee.
b. 
Special meetings. A special meeting may be called at any time upon request of a majority of the members of the Township Committee or by the Mayor. The request and call for a special meeting shall specify the purpose of the meeting, and no business shall be transacted at any special meeting other than that specified. The call for a special meeting shall be made with the Township Clerk who will notify each committee member.
c. 
Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Law, C.231, P.L. 1975.
[1]
Editor's Note: See Section 3-11 for provisions prohibiting smoking during public meetings in the Township Municipal Building.
All regular and special meetings of the township committee shall be open to the public and be held in accordance with the Open Public Meeting Law.
Except where otherwise provided by Statute, a majority of the whole number of members of the township committee shall constitute a quorum, and no ordinance shall be adopted by the township committee without the affirmative vote of a majority of the quorum of the committee. If a quorum is not present one-half hour after the appointed time for any meeting, the presiding officer or the clerk may declare the meeting adjourned.
The vote upon every motion, resolution or ordinance shall, when requested, be taken by roll call, and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the township clerk.
All ordinances shall be introduced, read, heard and enacted in the manner provided by general law. Every ordinance shall be signed by the mayor and clerk.
The township committee shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled or codified.
Pursuant to R.S. 40:146-13.1 the committee shall have the power and authority to elect, from among its members a deputy mayor. In the absence or disability of the mayor the deputy mayor shall have all the powers and duties of the mayor.
[Ord. #79-344; Ord. #81-401; Ord. #81-408; Ord. #90-589; Ord. #2002-884]
a. 
Position of Township Administrator created. The position of township administrator of the Township of Branchburg is hereby created and the employment of a township administrator is hereby authorized.
b. 
Appointment of Township Administrator. The township committee may, by majority vote, appoint a township administrator, who shall be chosen solely on the basis of executive and administrative qualifications with emphasis on actual experience in, or knowledge of, the duties of the office of township administrator as hereinafter set forth.
c. 
Compensation. The township administrator shall receive such compensation as shall, from time to time, be fixed pursuant to the township salary ordinance and resolution.
d. 
Term of office. The term of office of the township administrator shall be at the pleasure of the township committee.
e. 
Other employment limited. The township administrator shall not engage in any other occupation or employment, except such other positions or duties as may be authorized by the township committee.
f. 
Duties and responsibilities. The township administrator shall:
1. 
Exercise all of the executive and administrative functions of the Township government except as otherwise provided by State law or township ordinance.
2. 
Execute all laws and township ordinances.
3. 
Attend all meetings of the township committee with the right to participate in discussions, but without the right to vote.
4. 
Subject to and in accordance with the township's standard personnel policies, provide recommendations to the township committee on the selection, appointment, discipline and removal of department heads.
5. 
Subject to and in accordance with the township's standard personnel policies, and after such consultation with the department heads as may be necessary, appoint, discipline and remove all township employees, other than department heads and those for whom another method of appointment or removal is provided by State law or township ordinance, and report such appointments, discipline and removals to the township committee not later than its first meeting thereafter.
6. 
Except as otherwise provided by State law or township ordinance, direct the activities of department heads and all other persons employed by the township except the township committee.
7. 
Implement all policies formulated by the township committee.
8. 
Recommend to the township committee for adoption such measures as the township administrator may deem necessary or expedient, and advise the township committee on all background matters as an aid to the establishment of policy.
9. 
Advise the township committee on all matters of administrative organization and personnel, and upon matters affecting the township's relations with the public.
10. 
Prepare and present to the township committee an annual report and such other reports as may from time to time be required on township affairs.
11. 
Assist the township committee in the preparation of the annual budget and make recommendations thereon, and after the adoption of the annual budget assure that the same is properly carried out.
12. 
Receive and follow-up requests for information and complaints received from citizens and all manner of problems, and keep the township committee informed with respect thereto.
13. 
Prescribe and issue such rules and regulations, not inconsistent with State law or township ordinance or resolution, as may be required for the efficient management of the township government.
14. 
Assure that all benefits or advantages to the township or its inhabitants provided for in any statute, franchise, or other contract are received, and upon learning of any violation, call the same to the attention of the township committee.
15. 
Advise the township committee of all county, State and Federal programs for which the township may qualify and which may be of benefit to the township or its inhabitants and upon direction by the township committee, arrange for the preparations, execution and filing of any applications or other information which may be required for participation in such programs.
[Ord. No. 79-353; Ord. No. 2015-1268]
a. 
Office established. There is hereby created in the township the office of deputy municipal clerk.
b. 
Appointment. A deputy municipal clerk may be appointed by the township committee.
c. 
Duties. The deputy municipal clerk shall serve as an assistant to the municipal clerk and shall, during the absence or disability of the municipal clerk, have all of the powers of the municipal clerk and shall perform the functions and duties of such office.
[Ord. No. 2019-1340]
a. 
The Township Engineer shall report directly to Township Administrator and shall supervise and coordinate the actions of the Engineering Department, both professional and clerical. The Engineer shall perform field and office work involved in the design, maintenance and construction of Township infrastructure. He shall prepare project reports and is responsible for record maintenance.
b. 
The Township Engineer shall be appointed by resolution of the Township Committee for a maximum term of three years. The Engineer shall be a duly licensed engineer of the State of New Jersey and shall receive such compensation as may be provided by the Township Committee.
c. 
Duties and responsibilities. The Township Engineer shall:
1. 
Administers day-to-day operations of the Department, including but not limited to staffing, work assignments, budgeting and enforcement of policies and procedures established by the Township Committee.
2. 
Inspect engineering projects and review plans.
3. 
Coordinate with consulting engineers and local and state authorities.
4. 
If appointed as Planning Board and Board of Adjustment Engineer, will attend the meetings of the Board.
5. 
Maintain all records of Township infrastructure, oversee infrastructure improvements and administer capital improvement programs relating to infrastructure.
6. 
Serve as Engineer for the Township Sewer Utility.
[Ord. No. 48-54]
There is hereby established in the township a municipal court to be known and designated as "Municipal Court of the Township of Branchburg, County of Somerset, State of New Jersey."
[Ord. No. 48-54]
The municipal court so established shall be presided over by a municipal judge appointed by the township committee in pursuance with the Statues of the State of New Jersey, and the judge shall exercise jurisdiction over such offenses occurring in the township as may be cognizable before said court under the laws of the State of New Jersey. The municipal judge of the court shall receive an annual salary as established in the salary ordinance, payable in weekly installments.
[Ord. No. 72-255]
Pursuant to the terms of R.S. 26:3-9, the provisions of Title 26 Chapter 3 Article 1 Subdivision B of the Revised Statutes of New Jersey are hereby adopted and in accordance therewith there is hereby established in and for the Township of Branchburg, a local board of health composed of five members to be appointed in accordance with the terms of this section.
[Ord. No. 72-255]
Each member of the board of health shall be a resident of the township and shall be appointed by the township committee to serve for a term of three years and until his successor is appointed. Any vacancy in the office of any member shall be filled by the township committee for the unexpired portion of the term only.
[Ord. No. 72-255]
The board of health shall organize annually on or before January 31 in each year. It shall elect a chairman, a deputy chairman and a secretary from among its members. It shall further employ such personnel as it may deem necessary for the proper discharge of its duties including but not limited to, a clerk to assist the secretary of the board and to perform such other duties as may be assigned to him or her by the chairman or by the secretary of the board.
[Ord. No. 72-255]
The board of health herein established shall have and perform all of the powers, rights, duties and obligations applicable to a local board of health as provided by law, and shall administer and enforce all health ordinances, rules and regulations of the township now in effect or hereafter adopted.
The board of health shall adopt such rules and regulations as it may deem necessary or proper to govern its procedure and shall meet regularly at least once a month for the hearing of complaints, reports and general business. All meetings of the board at which official action is to be taken on any matter within its jurisdiction shall be open to the public and official minutes thereof shall be taken.
[Ord. #70-238; reserved by Ord. #2006-1006]
[1]
Editor's Note: Former section 2-5, Board of Assessment Commissioners, previously codified herein, was repealed in its entirety by Ordinance No. 2006-1006.
[1]
Editor's Note: Section 2-6, Subscription Busing, was repealed in entirety by Ord. No. 2015-1268. Prior ordinances include Ordinance No. 2010-1167.
[Ord. #72-264 Ord. #74-274 Ord. #80-367]
The Township of Branchburg Environmental Commission is hereby established pursuant to N.J.S. 40:56A-1 to 40:56A-5 (as amended).
The environmental commission shall consist of seven members appointed by the mayor, one of whom shall also be a member of the planning board and all of whom shall be residents of the township. The members thereof shall serve without compensation. The mayor shall designate one of the members to serve as chairman and presiding officer of the commission. Each commissioner or their successors shall be appointed for terms of three years and until the appointment and qualification of their successors.
The seventh member shall be appointed by the mayor for a term to expire on December 31, 1982 and thereafter the said member's successors shall be appointed for terms of three years and until the appointment and qualification of their successors.
The mayor or township committee may remove any member of the commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
The environmental commission shall have power to conduct research into the use and possible use of the open land areas of the township and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, 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 recommend to the planning board, plans and programs for inclusion in the master plan and the development and use of such areas.
The environmental commission may, subject to the approval of the township committee, acquire property, both real and personal, in the name of the township by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the township.
The environmental commission shall keep records of its meetings and activities and make an annual report to the township committee at the first regular meeting of the township committee in October of each year.
The commission may appoint such clerks and other employees as it may require, providing the same shall be within the limits of funds appropriated to it by the township committee.
[Ord. #2001-868]
[1]
Editor's Note: Prior ordinance history includes portions of Resolution Nos. 64-16 and 68-49 and Ordinance Nos. 90-588 and 2001-852.
There is hereby established in the township a recreation department, which shall have control and supervision over all township recreation facilities, programs and activities.
The following positions in the recreation department are authorized: recreation director and such other personnel as are deemed necessary from time to time by the township committee for the proper functioning of the department.
The recreation director shall have the responsibility for overall supervision of the recreation department. The recreation director shall direct and supervise all employees assigned to the recreation department and shall have the authority and responsibility for the assignment of employees to all functions within the department. The recreation director shall have available for consultation and assistance when necessary, the services of the director of public works and the township engineer. The recreation director shall report to the township administrator.
[Ord. #2001-868 § 1; Ord. #2002-906 § 1; Ord. #2003-917 §§ 1-3; Ord. #2014-1254]
There is hereby created a Parks and Recreation Committee of the Township.
a. 
Membership. The Parks and Recreation Committee shall consist of seven members and two alternate members who shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2. Alternate members may participate in all matters, but may not vote except in the absence of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first. All Committee members shall be residents of the Township and appointed by the Township Committee.
b. 
Term. Members of the Parks and Recreation Committee appointed on January 5, 2015 shall be appointed as follows: three members for a three-year term to expire December 31, 2017; two members for a two-year term to expire December 31, 2016; two members for a one-year term to expire December 31, 2015. Thereafter, appointments will be for a three-year term. The terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2. Thereafter, Alternates will be appointed for two year terms. The position of any member or alternate member who is absent for one-third or more of the meetings of the Parks and Recreation committee in any calendar year shall be deemed vacant on December 31 of that year. All vacancies shall be filled for the unexpired terms only.
c. 
Officers. The Parks and Recreation Committee shall select from among its members a chairperson and a deputy chairperson for terms to expire December 31 of the year selected. The recreation director shall serve as secretary for the committee.
d. 
Compensation. The members and alternate members of the Parks and Recreation committee shall serve without compensation.
e. 
Removal. The Township Committee may, after holding a hearing, remove any member or alternate member of the Parks and Recreation Committee for inefficiency, neglect of duty, or malfeasance in office.
f. 
Meetings. The Parks and Recreation Committee shall hold regular meetings and shall designate the time and place thereof pursuant to the New Jersey Open Public Meetings Act. It shall have the power to adopt rules and regulations for the conduct of its meetings. It shall keep a record of all its proceedings. Attendance of four or more members shall constitute a quorum.
g. 
Duties. The duties of the Parks and Recreation Committee shall be as follows:
1. 
The Parks and Recreation committee shall assist in the development of new and innovative recreation programs and analyze trends in recreation activities and provide appropriate information to assist in planning for increases or decreases in various recreation programs for children, youth and adults.
2. 
The Parks and Recreation Committee shall study and determine the extent to which existing recreation programs are adequately serving the recreation needs of all residents of the township and shall assist the recreation director in the formulation of appropriate proposals for the funding of all recreation programs in the township, public and private.
3. 
The Parks and Recreation Committee shall study and maintain an inventory of all regular recreation activities within the township which are conducted by private organizations.
4. 
The Parks and Recreation Committee shall assist in the creation of recreation program materials.
5. 
The Parks and Recreation Committee shall study the development and improvement of all types of parks, playgrounds, recreation spaces and open spaces within the township, new and existing, and the proper maintenance thereof.
6. 
The Parks and Recreation Committee shall recommend action to improve, maintain and equip all recreational spaces in the Township.
7. 
The Parks and Recreation Committee shall study the present and future need for parks, playgrounds, recreation spaces and open spaces which will be of benefit to all residents of the township.
8. 
The Parks and Recreation Committee shall solicit residents, businesses, commercial organizations and industrial organizations to participate in township recreation programs.
9. 
The Parks and Recreation Committee shall assist in disseminating information about township recreation programs.
10. 
The Recreation Director and the Parks and Recreation Committee shall provide an annual report to the Township Committee on the state of recreation programs and on the status of the Township's parks, playgrounds, recreation spaces and open spaces, and the improvements thereon.
11. 
On a periodic basis, the Parks and Recreation Committee shall evaluate the Township Master Plan Open Space and Recreation Element, and make appropriate recommendations to the Township Planning Board.
12. 
The Parks and Recreation Committee shall have such other duties and responsibilities as are consistent with advising and assisting the Recreation Director and helping to carry out an effective system of recreation programs and activities and an effective system of parks, playgrounds, recreation spaces and open spaces in the Township.
[1]
Editor's Note: Former subsection 2-8.5, Parks Committee, containing portions of Ordinance Nos. 2001-868, 2002-906 and 2003-917 was deleted in its entirety by Ordinance No. 2014-1254. See subsection 2-8.4. Parks and Recreation Committee.
Neither the recreation department nor any committee in the department shall have the power to incur any obligation in the name of or for the account of the township.
The recreation department shall receive an annual appropriation as shall be deemed appropriate by the township committee for the purposes of administration, construction and maintenance of recreation facilities and programs in the township.
The recreation director shall establish and collect fees from individuals and groups for use of township recreation facilities and for participation in programs and activities administered by the recreation department. The establishment of every such fee shall be reported to the township committee at least 10 days before it becomes effective.
The recreation director shall adopt and promulgate rules and regulations for participation in township recreation programs and activities and for the use of township recreation facilities. Such rules and regulations may include the requirement that individuals and organizations post a cash performance bond before being permitted to use township recreation facilities, which performance bond shall be reasonably related to the potential of expense, loss or damage to the township. Such rules and regulations shall become effective 45 days after their adoption is reported to the township committee. The recreation director may bar any individual or group from using township recreation facilities or participating in township recreation programs and activities if the individual or group has caused the township to incur any unreimbursed expense, liability or damage. The recreation director shall immediately report to the township committee the identity of any individual or group so barred.
Any person who violates any rule or regulation promulgated by the recreation director, and any person who makes unauthorized use of any township recreation equipment or facilities, shall, upon conviction, be subject to a fine of not less than $100 nor more than $500.
[Ord. #2004-942; Ord. #2007-1082]
[1]
Editor's Note: Former Section 2-9, Sewer Department, previously codified herein and containing portions of Ordinance No. 95-692 was repealed in its entirety by Ordinance No. 2000-818. See Section 2-12, Department of Public Works.
The agricultural advisory committee shall be appointed by the mayor with the consent of the township committee. The agricultural advisory committee shall report to the township committee. The agricultural advisory committee shall be comprised of at least three but not more than five members who shall be residents of the municipality; a majority of the members shall be residents actively engaged in farming and owning a portion of the land they farm. One member of the agricultural advisory committee shall be a member of the township committee.
With the exception of the member from the township committee or planning board, members of the agricultural advisory committee shall serve terms of three years. The member from the township committee shall serve a term of one year.
The agricultural advisory committee shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year and thereafter annually. The agricultural advisory committee shall select from among its members a chairperson and other such officers as it may deem necessary. The chairperson shall be a resident of the municipality actively engaged in farming and owning a portion of the land he/she farms. The agricultural advisory committee may establish rules of order and shall meet at least once annually and from time to time as deemed necessary to meet its responsibilities.
The responsibilities of the agricultural advisory committee shall be as follows:
a. 
To become fully aware of land within Branchburg Township currently used for agriculture and agricultural related purposes.
b. 
To analyze how the township committee can best protect the continuance of agriculture within Branchburg Township.
c. 
To determine existing problems facing farmers and those in endeavors related to farming in the Township of Branchburg and to recommend reasonable solutions to the township committee to overcome those existing problems.
d. 
To determine future problems which may face farmers and those in endeavors related to farming in the Township of Branchburg and to recommend reasonable solutions to the township committee to overcome those future problems.
e. 
To encourage existing farmers to continue their farms in active operation.
f. 
To assist in continuing the sustainable use of economically viable farmland for agricultural production.
g. 
To help preserve large, contiguous tracts of agricultural land.
h. 
To assist in minimizing conflicts between agricultural uses and adjacent and nearby agricultural, natural resource based, rural, residential and commercial activities.
i. 
To promote compliance with the Farmland Assessment Tax program (N.J.S.A. 18:15-2).
j. 
To encourage and assist applications to farmland preservation programs.
k. 
To encourage appropriate conservation strategies and agricultural activities.
l. 
To formulate strategies and objectives with regards to any present or future local, county, state or federal farmland regulations.
m. 
To promote interest in township children in 4-H and other related agricultural activities.
n. 
To recommend to the township committee reasonable and desirable changes to this listing of responsibilities.
o. 
To accomplish any task referred to the agricultural advisory committee by the township committee having to do with agricultural related activities.
The agricultural advisory committee shall receive from officials, employees, consultants, and all authorized boards, departments and offices of the Township of Branchburg, such assistance as may be required in performing its aforesaid duties.
The agricultural advisory committee's powers relative to regulation of any activity are specifically limited to its making recommendations to the township committee as to the adoption of the same.
[Ord. #77-303]
This section shall be known and may be cited as the "Purchasing Ordinance of the Township of Branchburg."
a. 
A purchasing department is hereby established and the office of township purchasing agent is hereby created.
b. 
The purchasing agent shall be appointed by the township committee for a one year term commencing January 1st of each year. A vacancy in the office of purchasing agent shall be filled by appointment by the township committee for the unexpired term only.
a. 
The township purchasing agent shall be in charge of and have general supervision of the purchasing department. The purchasing agent shall have the powers and duties prescribed by this section. The authority of the purchasing agent shall not include construction of buildings, street or park improvements and other related projects.
b. 
Except as herein provided, no township officer or employee shall order, purchase or make any contract within the purview of this section other than through the purchasing department, and any purchase order or contract made contrary to the provisions hereof shall be void.
c. 
The purchasing agent shall:
1. 
Purchase or contract for all supplies and contractual services, other than "Professional services" and "Extraordinary unspecifiable services" as defined by N.J.S.A. 40A: 11-2, required by the township in accordance with the provisions of this and other ordinances of the township and in accordance with State Law.
2. 
Act to procure for the township the highest quality in supplies and contractual services at least expense.
3. 
Establish and, when necessary, amend rules and regulations setting forth procedures and forms to be used in the purchase of supplies and contractual services by the township.
4. 
Maintain a vendor's catalogue file according to materials, containing descriptions of vendor's commodities.
5. 
Encourage full and open competition in all purchases and sales.
6. 
Procure for the township all allowable tax exemptions, discounts, and price reductions.
7. 
Prepare and secure, with the cooperation and assistance of township agencies, standardized specifications for supplies to be purchased or contracted for.
8. 
Report to the township committee all vendors who default on their bids or quotations and recommend those which should be temporarily disqualified from receiving any township business.
9. 
Sell or otherwise dispose of all obsolete or unusable personal property of the township in accordance with State Law.
All purchases of and contracts for supplies and contractual services, and all sales of obsolete or unnecessary personal property, shall be in accordance with State Law and shall be based wherever possible on competitive bids.
a. 
The purchasing agent or his designee shall inspect all supplies and contractual services to determine their conformance with the specifications set forth in the purchase order or contract.
b. 
The purchasing agent shall have authority to require such chemical and physical tests of samples submitted with bids and samples of deliveries which may be necessary to determine their quality and conformance with the specifications. In the performance of such tests, the purchasing agent shall have authority to make use of facilities of any agency of the township.
The purchasing agent shall have authority to join with other units of government in cooperative purchasing plans when in the best interests of the township.
[Ord. #77-312; Ord. #80-383; Ord. #84-459; Ord. #87-503]
Pursuant to the provisions of N.J.S.A. 40A:11(5), the mayor and municipal clerk are hereby authorized to enter into the cooperative pricing agreement with the County of Somerset, dated January 1, 1987, for the purpose of work, materials and supplies, which agreement is hereinafter set forth at length. Thereafter those municipal officials who have been authorized to make purchases on behalf of the Township of Branchburg shall be authorized to participate in the cooperative pricing system on behalf of Branchburg Township.
The County entering into contracts on behalf of the Township of Branchburg shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A: 11-1, et seq.) and all other provisions of the revised statutes of the State of New Jersey.
Pursuant to the provisions of N.J.S.A. 40A: 11-11(5), the mayor and township clerk are hereby authorized to execute an agreement between the County of Somerset and certain municipalities located therein for the establishment of a cooperative means of conducting certain community development activities, which agreement is incorporated herein by reference and shall remain on file in the office of the township clerk where the same shall be available for public inspection. The execution of said agreement and the participation of the Township of Branchburg therein shall be pursuant to N.J.S.A. 40:8A-1, et seq.
The participation of the Township of Branchburg shall be as set forth in the above-mentioned agreement including the appointment of two representatives to the Community Development Revenue Sharing Committee, one appointment by the governing body, by resolution, and one appointment by the mayor.
[Ord. #2001-870]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 72-256. 80-371, 95-692, 99-807, 2000-818 and 2000-832.
There is hereby created in the township a department of public works, which shall have control and supervision over all township streets, roads, parks, buildings and sewers. The department shall be responsible for the construction, reconstruction, repair and maintenance of all such public facilities.
The following positions in department of public works are authorized: director of public works, assistant director of public works, road foreman, parks foreman, mechanic foreman, licensed sewer plant operator and such other personnel as are deemed necessary from time to time by the township committee for the proper functioning of the department.
[Ord. No. 2001-870 § 1; Ord. No. 2015-1288]
a. 
Director of public works. The director of public works shall have responsibility for overall supervision of the department of public works. The director of public works shall direct and supervise all employees assigned to the department of public works and shall have the authority and responsibility for the assignment of employees to and between divisions of the department. The director of public works shall have available for consultation and assistance when necessary the services of the township engineer, who shall provide the director of public works with plans and specifications as required for all construction, reconstruction, repair and maintenance. The director of public works shall report to the township administrator.
b. 
Assistant director of public works. The assistant director of public works shall act as an assistant to the director of public works and shall, in the absence of the director of public works, serve as acting director of public works. The assistant director of public works shall be responsible for providing day to day direction to the foremen within the department of public works and, subject to the direction of the director of public works, shall have the authority and responsibility for the assignment of employees to and between divisions of the department of public works. The assistant director of public works shall also perform such other duties as may be delegated by the director of public works. The assistant director of public works shall report to the director of public works.
c. 
Road foreman. The road foreman shall be responsible for maintenance, construction and reconstruction of all public streets and roads, public buildings and grounds, exclusive of parks. The road foreman shall carry out the instructions of the assistant director of public works, shall provide day to day direction to the employees assigned to the road division and shall perform such other duties as may be assigned by the director of public works. The road foremen shall report to the assistant director of public works.
d. 
Parks foreman. The parks foreman shall be responsible for the maintenance, repairs, construction, reconstruction of grounds, structures, appurtenances and all other facilities within the park lands of the township. The parks foreman shall carry out the instructions of the assistant director of public works, shall be responsible for the day to day direction of employees assigned to the parks division and shall perform such other duties as may be assigned by the director of public works. The parks foremen shall report to the assistant director of public works.
e. 
Mechanic foreman. The mechanic foreman shall be responsible for the maintenance and repairs for all township vehicles and mechanical equipment. The mechanic foreman shall carry out the instructions of the assistant director of public works, shall be responsible for the day to day direction of employees assigned to the division and shall perform such other duties as may be assigned by the director of public works. The parks foremen shall report to the assistant director of public works.
f. 
Sewer Foreman. Licensed collection system operator responsible for operation and maintenance of the sewer collection system.
[Ord. #76-298]
As used in this section:
a. 
TOWNSHIP TREASURER – Shall mean and include the Treasurer of Branchburg Township, and, in the event of the treasurer's absence, the acting chief financial officer of the township.
Any person claiming payment from the Township of Branchburg shall present a detailed bill of demand (voucher) to the township treasurer on forms to be provided by the township treasurer. The voucher shall be duly certified by the party claiming payment that the bill is correct.
Upon receipt of a duly certified voucher in proper form, the township treasurer shall contact the appropriate department head or other responsible municipal official who has knowledge of the claim for which the bill has been rendered. The appropriate department head or other responsible municipal official having knowledge of the claim shall certify if the claim is accurate and correct. No claim shall be considered for payment unless the appropriate department head or other municipal official responsible for the particular function, having personal knowledge of the facts, has made such a certification.
The township treasurer, department head or other responsible municipal official, may make adjustments in claims submitted where appropriate, or may question the accuracy, veracity or legitimacy of any claim against the township by requesting further clarification from the claimant. The claim, if found to be in proper form, shall be submitted to the township committee at a regular public meeting of the township committee. The township committee shall approve the claim or reject it stating the reason for such rejection. Any disapproved claim shall be returned to the township treasurer with such instruction as the township committee may give at the time of disapproval.
a. 
Claims shall be approved for payment no less than once in each calendar month.
a. 
The township clerk shall report all claims, approved or disapproved, in the official minutes and shall indicate in the minutes the formal action taken by the township committee with respect to those claims.
b. 
If the township committee approves a claim after being satisfied that it is in proper order and that sufficient funds are available to pay it and after the clerk has certified that the claim has been approved, the clerk shall refer the claim to the township treasurer who shall forthwith prepare checks for payment of the claim. All checks are to be signed by the mayor or other designated member of the township committee and co-signed by the township clerk and the township treasurer. All checks shall be recorded in proper books of account and thereafter mailed or otherwise delivered to claimant.
In the case of payrolls, the township treasurer shall prepare, sign and issue payroll checks in accordance with proper payroll procedure and upon certification that each employee has rendered the service for which he or she is receiving remuneration. The township committee may at any time demand of the township treasurer a full and complete accounting of monies placed in and disbursed from the payroll account.
[Ord. #2007-1075; Ord. #2007-1077; Ord. #2008-1098; Ord. #2009-1126; Ord. #2014-1245]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 91-616, 91-624, 2006-1007.
The purpose of this section is to:
a. 
Recognize the application of the New Jersey Local Government Ethics Law to elected and appointed officials of the township and to employees of the township.
b. 
Create a framework for transparency and ethical behavior for the township and the township's boards, bodies and commissions.
c. 
Extend the Code of ethics imposed on local government officers and employees by State law to township appointees.
d. 
This section is intended to supplement but not to supersede the Local Government Ethics Law. In case of any conflict between this section and the Local Government Ethics Law, the Local Government Ethics Law shall control.
Unless otherwise defined, words or terms in this section shall be as defined in the Local Government Ethics Law, N.J.S. 40A:9-22.1 et seq., and section 1-2.
a. 
LOCAL GOVERNMENT ETHICS LAW – Shall mean the New Jersey State Local Government Ethics Law, N.J.S. 40A: 9-22.1 et seq., as that law may from time to time be amended or supplemented.
b. 
TOWNSHIP PROFESSIONAL – Shall mean every person who is employed or retained to provide any licensed professional service that is directly or indirectly paid for from township funds, including any person who represents the township or any of its boards, bodies and committees before any court, agency or administrative tribunal.
c. 
TOWNSHIP BOARD MEMBER – Shall mean a member of a multi-member board, body or commission of the township which 1) has been created by State statute or township ordinance; 2) has members appointed by the township committee or by the mayor; and 3) has members appointed for specific terms, except that "township board member" shall not include any local government officer or employee.
a. 
Each Township board member shall file with the Township Clerk a certified annual Financial Disclosure Statement on a form adopted by and available from the Township Clerk.
b. 
Each person required to file a Financial Disclosure Statement shall file that statement by April 30 or by the date set by the State for filing disclosure forms pursuant to the State Local Government Ethics Law.
c. 
Every financial disclosure statement required by this section shall be a public record.
a. 
Every township board member shall comply with the same code of ethics imposed on local government officers and employees by the Local Government Ethics Law.
a. 
No township local government officer or employee or township board member shall request or receive from a township professional any gratuitous or unpaid professional services during the local government officer's or employee's or township board member's term of office.
b. 
No township professional shall provide to any township local government officer or employee or township board member any gratuitous or unpaid professional services during the local government officer's or employee's or township board member's term of office.
c. 
Each local government officer or employee or township board member and each township professional shall file with the township clerk an annual certified report of compliance with paragraphs a and b of this subsection on a form prepared by and available from the township clerk.
d. 
Every township local government officer or township board member who is eligible to vote on the appointment of a township professional and who hires or receives from that township professional any professional services during the local government officer's term of office shall, within 30 days of first hiring or receiving services from the township professional, file with the township clerk a certified report on a form prepared by and available from the township clerk.
e. 
Every report required by this subsection shall be a public record.
a. 
The township attorney, under the direction of the township administrator, shall cause to be prepared or adopted and to be offered a course in local government ethics for current and prospective township local government officers and employees and township board members. The township attorney shall further cause to be prepared or adopted and to be offered a revised course in local government ethics as frequently as the township administrator shall direct. The course to be prepared or adopted and offered pursuant to this subsection shall be structured so that the course can be completed within one day or one evening, in person or by some appropriate means of video playback.
b. 
Every township local government officer and employee and township board member shall certify completion of the required local government ethics course within three months of the first date on which the required local government ethics course is offered or the date of assuming a township position, whichever is later.
c. 
Every township local government officer and employee and township board member shall certify completion of a revised local government ethics course within three months of the first date on which a revised local government ethics course is offered.
a. 
No person shall be qualified to act as a member of, or to vote on any matter coming before, any board, body or commission if that person is not in compliance with the requirements of this section.
b. 
Any person who is appointed by the township committee or the mayor and fails to comply with the time limits of this section for the filing of any report or statement shall be deemed to have resigned from every township position to which this section applies. The township committee or the mayor shall thereafter fill the vacant position in the manner provided for by law.
c. 
The failure of any person who is a township board member to completely and accurately fill out and sign any report or statement pursuant to the requirements of this section shall be sufficient cause for the township committee to remove that person from any appointed position.
d. 
The failure of any person who is a township board member but not a local government officer or employee to adhere to the requirements of this section shall be sufficient cause for the township committee to remove that person from any appointed position.
[Ord. #64-167]
Certain employees of the township are members of a group formed for the purpose of obtaining the advantage of group plans for hospital service insurance, medical and surgical insurance, major medical insurance, and life insurance, for themselves, or for themselves and their husbands or wives and dependent children under 19 years of age; and
The township committee wishes to pay as additional compensation to certain employees upon certain terms and conditions, that portion of the aforesaid plan or plans specifically covering the employees.
The township shall pay that portion of all of the premiums on the group policy or policies of hospital service insurance, medical and surgical insurance, major medical insurance, and life insurance, specifically covering all employees of the township and their families provided, however, that any such employee may decline such coverage.
Payment of the aforementioned premiums shall be deemed as compensation to the individual members of the group or groups aforementioned and shall be paid in addition to any salaries, wages or other compensation heretofore or hereafter determined and fixed according to law.
[Ord. #97-729; Ord. #2007-1080]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 79-352 and 97-729.
The Township of Branchburg Communications Committee is hereby established.
The purpose of the communications committee is to foster and improve the flow of information and ideas between: township residents, nonprofit organizations serving township residents, and governmental and educational entities. The communication committee shall have responsibility for relations with suppliers of cable television services (and similar services using non-cable based technology) to the township along with managing the assigned township PEG channels and establishing policies and procedures over their use.
The communications committee shall consist of nine members, who shall be appointed by the township committee. The communications committee shall annually elect a member to act as chairman and a member to act as deputy chairman. The chairman shall appoint other positions, create subcommittees, etc. as he/she deems appropriate.
The terms of all committee members shall be three years. Vacancies shall be filled by the township committee for the unexpired term.
The chairman of the communications committee may appoint adjunct members with the advice and consent of the township administrator. Adjunct members shall serve for such terms as are designated by the chairman, but not beyond the term of the chairman.
[1]
Editor's Note: Former section 2-17, Historic Preservation Commission previously codified herein and containing portions of Ordinance Nos. 80-373, 87-510 and 88-545, was repealed in its entirety by Ordinance No. 2004-959.
[Ord. #79-357; Ord. #82-422; Ord. #94-673; Ord. #2000-810; Ord. #2001-853; Ord. #2001-869]
There is hereby established in and for the Township of Branchburg a police department, which shall consist of a chief of police, a captain, a lieutenant, six sergeants, a corporal and 16 police officers, to be appointed by the township committee. The operation of such police department shall be conducted in accordance with rules and regulations adopted by the appropriate authority.
[Ord. No. 79-357; Ord. No. 2000-810 § 1; Ord. No. 2015-1268 § 3]
There is hereby established the position of director of public safety of the Township of Branchburg. The director of public safety may be appointed by the township committee for a term of one year and may be reappointed by the township committee for additional one year terms.
a. 
The township committee shall appoint the chief of police and other personnel of the police department, fix their compensation and prescribe their powers, functions and duties as the township committee shall deem necessary for the effective government of the department.
b. 
The chief of police shall be the executive head of the police department and shall be responsible to the appropriate authority for the efficiency and routine day-to-day operations of the department.
c. 
APPROPRIATE AUTHORITY – As used in this section shall mean the mayor, township administrator, director of public safety or member of the township committee. The township committee shall annually designate an appropriate authority. In the absence of such designation by the township committee, the entire township committee shall serve as the appropriate authority.
To be eligible for appointment to the position of police officer, a candidate shall satisfy all of the following requirements:
a. 
Be a citizen of the United States of America and a resident of the State of New Jersey;
b. 
Be not less than 21 years nor more than 35 years of age;
c. 
Be of good moral character and never have been convicted of a crime or any offense involving moral turpitude;
d. 
Be sound in body and mind and eligible for membership in the Police and Firemen's Retirement System of New Jersey;
e. 
Be able to read, write and speak the English language well and intelligently;
f. 
Possess a valid New Jersey passenger car driver's license;
g. 
Be a high school graduate;
h. 
Satisfactorily pass a written, physical and medical examination;
i. 
Satisfactorily pass a psychological or psychiatric examination;
j. 
Satisfactorily complete a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey or the statutory equivalent;
k. 
The position of chief of police shall have the further qualification of services as an officer of the rank of sergeant, or higher, in a municipal police department in the State of New Jersey for a period of at least 18 months inclusive of any probationary period. This provision shall not preclude service on a temporary basis as acting police chief.
To be eligible for appointment to the position of director of public safety a candidate shall satisfy all of the following requirements:
a. 
Be a citizen of the United States of America and a resident of the State of New Jersey.
b. 
Be of good moral character and never have been convicted of a crime or any offense involving moral turpitude.
c. 
Be sound in body and mind and eligible for membership in the Police and Firemens' Retirement System of New Jersey.
d. 
Be able to read, write and speak the English language well and intelligently.
e. 
Possess a valid New Jersey passenger car driver license.
f. 
Satisfactorily pass a written, physical and medical examination.
g. 
Satisfactorily pass a psychological or psychiatric examination.
h. 
Have a minimum of 10 years' experience as a police officer and have experience in both patrol and supervisory responsibilities.
The chief of police shall supervise, manage and direct all operations and activities of the police department and shall be responsible for its proper and efficient conduct. The chief of police shall devote a minimum of 40 hours per week to the performance of his duties and shall devote such additional time as may be required for the proper performance of his duties. His duties shall include, but are not limited to, the following:
a. 
Enforcement of all State and Federal laws and all township ordinances.
b. 
Promulgation, with the consent of the township committee, of rules and regulations for the management and government of the police department and for the discipline of its members.
c. 
Enforcement within the police department of all rules and regulations of the department.
d. 
Recruitment of candidates for appointment to positions with the police department.
e. 
Preservation of the public peace.
f. 
Prevention and detection of crime.
g. 
Determination as to the termination, dismissal or discipline of police department personnel.
h. 
Planning, organization, assignment, direction, and evaluation of all police department activities, and operations with respect to personnel, equipment, and buildings.
i. 
Initiation of annual police department budget estimates and recommendations of submission to the township committee.
j. 
Supervision and control of expenditure of funds within the adopted police department budget.
k. 
Submission of technical public safety information to the township committee, the planning board, the zoning board of adjustment, and other departments when required.
l. 
Provision of assistance to other township departments or officials as may be necessary for the proper functioning of the township government.
m. 
Establishment of work schedules for all police department personnel.
n. 
Review of all fire reports from the fire inspector.
o. 
Personal direction of public safety activities at the scene of major criminal activity and other major conditions affecting public safety.
p. 
Training of all police personnel.
q. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the police department and its officers and personnel.
r. 
Have, exercise and discharge the functions, powers and duties of the police department.
s. 
Prescribe the duties and assignments of all subordinates and other personnel.
t. 
Delegate such of his authority as he may deem necessary for the efficient operation of the police department to be exercised under his direction and supervision.
u. 
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the police department, and make such other reports as may be requested by such authority.
Every police officer of the Township of Branchburg shall be responsible for the enforcement of all laws and ordinances within the jurisdiction of the department. Police officers shall conduct preliminary investigations at the scene of crimes or accidents, and shall gather evidence, administer first aid, locate and interview witnesses, make proper arrests and submit proper reports. In addition, every police officer shall perform such duties as are prescribed by rules and regulations of the police department or assigned by the chief of police or the director of public safety.
Every newly appointed police officer shall serve a probationary period of one year, shall during that period be designated as a probationary officer, and shall not during that period be considered a permanent member of the police department. Upon satisfactory performance for a period of one year, a probationary officer may be appointed to the position of police officer. No person shall be appointed to a permanent position as a police officer unless such person has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey or the statutory equivalent.
To be eligible for appointment to the position of special police officer a candidate shall satisfy all of the following requirements:
a. 
Be a citizen of the United States of America.
b. 
Be not less than 21 years of age.
c. 
Be of good moral character and never have been convicted of a crime or any offense involving moral turpitude.
d. 
Be able to read, write and speak the English language well and intelligently.
e. 
Possess a valid New Jersey passenger car driver license.
f. 
Be a high school graduate.
g. 
Be in sufficiently good physical and mental health so as to be able physically, emotionally and mentally to competently perform the duties of a special police officer as hereinafter set forth.
Every special police officer of the Township of Branchburg shall assist regular police officers in the enforcement of all laws and ordinances within the jurisdiction of the department. Special police officers shall, under the supervision of a regular police officer, conduct searches of adult and juvenile offenders, assist in transportation of prisoners, provide traffic or crowd control and perform desk duty at police headquarters.
a. 
All special duty assignments for police personnel shall be determined and approved by the chief of police or his designee. No police officer shall perform special duty assignments for compensation other than through the procedures set forth in this subsection.
b. 
The chief of police may assign a patrol vehicle for use in performing special duty assignments if it is determined that use of a patrol vehicle is necessary. The chief of police may deny any special duty assignments or use of patrol vehicles and/or impose any condition or requirement which in his sole discretion is in the best interest of the township, the police officer or public safety. The chief of police shall be guided by the nature of the special duty assignment and should avoid those with conflicts of interest or risk of injury.
c. 
Special duty assignments shall be considered special assignments and not considered direct assignments from the township police department. The taking of special duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the chief of police.
d. 
Officers engaged in special duty assignments shall be deemed on-duty and shall conform to all police departments rules, regulations and procedures.
e. 
All agreements for special duty assignments shall be contracted for in writing by the completion of a form available from the police department. A copy of each agreement shall be kept on file with the police department. An escrow deposit, equaling the anticipated costs to be incurred during the duration of the project, shall accompany the signed contract and be turned over to the finance department. For any project which is expected to be completed in less than 48 hours from the time the escrow deposit is paid, the finance department shall hold the escrow deposit, to the extent permitted by State law, and shall permit the escrow deposit to be replaced with payment for the final costs for the project. As hours are worked and reported to the payroll department, the officers shall be paid from the escrow fund or other payment. Payment for any costs exceeding the escrow fund or other payment shall be paid within 15 days from the date of billing. Interest shall be charged at the rate of 12% per annum on any amount billed for which payment has not been made within 15 days. Delinquent parties shall be liable for all costs, fees and attorney's fees associated with the collection of any amount due.
f. 
All special duty assignments shall be performed within the township, unless specific, written approval to perform said assignment outside the township is given by the chief of police, or his designee.
g. 
All payment for special duty assignments shall be made through a special reserve, established by the chief financial officer, and funded through escrow withdrawals or by direct payment made by the contracting unit. All payments made from the reserve are subject to required deductions and an administrative fee to be retained by the township. The charges for such services shall be set forth annually in a resolution adopted by the governing body and amended as determined by the governing body.
h. 
The chief of police has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unreasonable risk to health, safety or welfare of the police officer or the public. No charge shall be made for the time that the police officer is away from the special duty assignment. No person shall have a claim for any cost or damages against the township, the chief of police, or the police officer arising from the termination of a special duty assignment other than the prorated return of any costs prepaid to the township.
i. 
Each person requesting a special duty assignment, whether an individual or a private commercial or nonprofit entity, must indemnify and hold the township harmless from and against any and all losses, claims, damages or expenses, including reasonable attorneys' fees, arising from the performance of the special duty assignment by the township police officer. Each such person shall also provide the township with a certificate of insurance from a company authorized to do business in the State of New Jersey with policy limits of $1,000,000 personal liability and comprehensive general liability and $300,000 property damage liability coverage.
[Ord. #95-703]
Ordinance No. 2018-1327, adopted May 29, 2018, authorized a Mutual Police Agreement between various Somerset County Municipalities, the Somerset County Prosecutor's Office and the Somerset County Sheriff's Department.
[1]
Editor's Note: Prior Ordinances codified herein include portions of Ordinance Nos. 80-375, 83-472 and 94-667.
The following Intermunicipal Agreement for Mutual Police and Fire Aid is hereby adopted:
This Mutual Aid Agreement ("Agreement") is made and entered into by and between the Township of Branchburg, County of Somerset, a Municipal Corporation of the State of New Jersey, and each other participating municipality, as hereinafter defined. In consideration of the mutual promises and covenants contained herein, the parties agree as follows.
As used in this Agreement, the following phrases shall have the following meanings:
CHIEF OF POLICE
Shall mean the Chief of Police or other head of a municipal police department, or that person's designee.
EMERGENCY
Shall mean any situation or combination of situations which, in the opinion of the Chief of Police of a requesting municipality, requires the assistance of police or fire personnel, or both, from one or more participating municipalities to protect or promote the public safety or welfare, or to protect police or fire personnel.
FIRE CHIEF
Shall mean the Fire Chief or other head of a municipal fire department, or that person's designee.
PARTICIPATING MUNICIPALITY
Shall mean each Municipal Corporation of the State of New Jersey which has by ordinance entered into this or a substantially similar Intermunicipal Agreement for Mutual Police and Fire Aid.
REQUESTING MUNICIPALITY
Shall mean a participating municipality which has requested assistance pursuant to this Agreement.
It is to the mutual advantage and benefit of the participating municipalities that each agree to render supplemental police and fire assistance to any requesting municipality pursuant to this Agreement.
Municipal corporations of the State of New Jersey are authorized under N.J.S. 40A:14-156 et seq. to provide police and fire assistance outside their territorial jurisdictions. Municipal corporations of the State of New Jersey are authorized under N.J.S. 40:8A-1 et seq. to enter into Interlocal Services Agreements with other municipalities.
This Agreement shall apply to every instance of fire or police Emergency assistance between participating municipalities.
The Chief of Police of each participating municipality is authorized to provide assistance to requesting municipalities, to the extent possible without endangering persons or property within the municipality rendering assistance. The members of each police department and fire department supplying aid shall have the same powers, authority, rights and immunities of the members of the police department or fire department of the requesting municipality while providing assistance to a requesting municipality.
Each participating municipality shall assume the costs and expense of providing its personnel and equipment to the requesting municipality, except when the requesting municipality receives State or Federal aid by way of reimbursement. When State or Federal aid is received by the requesting municipality, each participating municipality shall certify its costs and expenses to the requesting municipality, and the requesting municipality shall pay the costs and expenses of each participating municipality to the extent necessary so that no participating municipality bears a greater proportion of unreimbursed costs and expenses than the requesting municipality.
When police or fire assistance is requested pursuant to this Agreement, the Chief of Police of the requesting municipality shall be the senior ranking officer of all members of any police department rendering assistance, and the Fire Chief of the requesting municipality shall be the senior ranking officer of all members of any fire department rendering assistance.
Members of any police department or fire department who suffer injury while providing assistance pursuant to this Agreement, or their legal representative if death results, shall be entitled to all of the benefits they would have received if injury or death had occurred in the participating municipality where their duties are normally performed. The participating municipality where their duties are normally performed shall provide such injury or death benefits.
The Mutual Aid Operations Plan promulgated by the Somerset County Chiefs of Police Associations, prescribing the specifics of emergency reciprocal police and fire assistance, is hereby incorporated by reference without inclusion in this Agreement.
Any participating municipality may withdraw from and terminate its part in this Agreement at the end of any calendar year, provided that notice of its intention to terminate is given no later than the prior November 12 to every other participating municipality. Otherwise, the Agreement shall remain in force from year to year.
The Chief of Police and Fire Chiefs in each participating municipality shall annually, as soon after the end of the calendar year as practicable, furnish their respective governing bodies summary reports of services rendered and received under this Agreement, along with comments and recommendations.
[Ord. #82-416]
There is hereby established in the township the office of township tax assessor. The township tax assessor shall be appointed by the governing body for a term of four years commencing with the first of July next following appointment. The township tax assessor shall be primarily responsible for the performance of the statutory duties of a municipal tax assessor and the supervision of any other township tax assessors.
There is hereby established in the township the office of assistant township tax assessor. The assistant township tax assessor shall meet all the statutory qualifications of tax assessor and shall also be appointed by the governing body for a term of four years commencing with the first of July next following appointment. The assistant township tax assessor shall work under the direction of the township tax assessor and shall serve as township tax assessor in the absence of the township tax assessor.
Vacancies in the positions of township tax assessor and assistant township tax assessor, other than those due to expiration of term, shall be filled by appointment by the governing body for the unexpired term.
There is hereby established in the township the position of township tax collector. The township tax collector shall be appointed by the governing body for a term of four years from the first day of January next following appointment. The township tax collector shall perform all the statutory duties of a municipal tax collector and shall supervise the deputy tax collector in the performance of his or her duties.
There is hereby established in the township the position of deputy township tax collector. The deputy township tax collector shall be appointed by the governing body for a term of one year from the first day of January next following appointment. The deputy township tax collector shall work under the direction of the township tax collector and shall serve as township tax collector in the absence of the township tax collector. The deputy township tax collector shall be certified as a tax collector or shall seek certification as soon as practical after appointment.
Vacancies in the office of township tax collector or deputy township tax collector, other than those due to expiration of term, shall be filled by appointment by the governing body for the unexpired term.
[Ord. No. 2019-1341]
a. 
The tax collector shall provide to any party entitled to redeem a certificate pursuant to N.J.S.A. 54:5-54 two calculations of the amount required for redemption within a calendar year at no cost. For each subsequent calculation requested from the tax collector there shall be a $50 fee. A request for a redemption calculation shall be made in writing to the tax collector.
b. 
The tax collector shall charge a lienholder of a tax lien $50 for the calculation of the amount due to redeem the tax lien as authorized by N.J.S.A. 54:5-97.1. Any request for a redemption calculation shall specify the date to be used for the calculation, which shall be the date of the notice. Neither the tax collector nor the municipality shall be liable for an incorrect calculation. The fee paid to the municipality shall not become part of the lien and shall not be passed on to any party entitled to redeem pursuant to N.J.S.A. 54:5-54.
[Ord. #88-546; Ord. #99-782]
The township committee wishes to establish a program to reward township volunteers for their tireless efforts to preserve and protect the health, welfare and property of the residents of this township.
The provisions of this section shall apply to any full-time resident of the township who serves as a volunteer in any qualifying volunteer emergency service organization. Such volunteer must be certified to be a member in good standing of their respective volunteer emergency service organization.
The following words and phrases shall have the following meanings in this section:
MEMBER IN GOOD STANDING
Shall mean any person who shall have served at least one year of continuous volunteer service in a volunteer emergency service organization and who has been certified as such in writing by the chief executive officer of that volunteer emergency service organization. The certification, naming each member in good standing of the volunteer emergency service organization, shall be filed annually, no later than January 14th, with the township clerk.
VOLUNTEER
Shall mean any individual contributing services to a volunteer emergency service organization without remuneration or without a formal agreement or contract for hire.
VOLUNTEER EMERGENCY SERVICE ORGANIZATION
Shall mean any organization which provides emergency response service to the township, or any portion thereof, such as the volunteer fire companies and rescue squad.
VOLUNTEER SERVICE
Shall mean the requisite percentage of activity, attendance or participation needed to qualify as a bona fide member of the volunteer emergency service organization.
All fees for construction imposed by Chapter 8 of these Revised General Ordinances, except those fees for subcode inspections not performed by township employees, shall be waived for a qualifying volunteer provided that the construction is to be performed upon the full-time residence of the volunteer.
[Ord. #89-556]
There is hereby established in the township the position of chief financial officer. The chief financial officer shall be appointed by the township committee for a one-year term commencing on January 1, the compensation for said position to be established by salary ordinance and annual salary resolution.
The chief financial officer shall be qualified in accordance with the requirements of N.J.S. 40A:9-140.1 et seq.
The township committee may also appoint any other municipal finance officers it deems necessary, subject to the requirements of N.J.S. 40A:9-140.1 et seq.
[Ord. #90-595; Ord. #2002-893]
The purpose of this section is to establish a procedure for the inspection and reproduction of government records by the public.
As used in this section:
ACCESS FORM
Shall mean the form which shall be adopted by the custodian of government records for use by any person who requests access to government records.
CUSTODIAN OF GOVERNMENT RECORDS OR CUSTODIAN
Shall mean the township clerk.
GOVERNMENT RECORD(S) OR RECORD(S)
Shall mean any information subject to public inspection which is maintained by the township in written, audio, video, electronic or other form.
REQUESTOR
Shall mean any person who requests access to a government record pursuant to this section or the State Law on Examination and Copies of Public Records, N.J.S. 47:1A-1 et seq.
SPECIAL SERVICE CHARGE
Shall mean a charge, in addition to the actual cost of duplicating the government record(s), which shall reflect the expense associated with extensive use of township information, technology or resources, or the extensive clerical or supervisory assistance by township personnel necessary to provide access to the record(s).
The custodian of government records shall adopt an access form for use by a requestor and shall make recommendations to the township committee regarding the appropriate fees to be charged for access to and copies of government records. The access form shall contain all information required by N.J.S. 47:1A-5f.
[Ord. #90-595 § 1; Ord. #2003-924 § 1; Ord. #2006-1041 § 1; Ord. No. 2007-064 § 1; Ord. #2014-1258]
The following fees for government records are established:
a. 
Specific records:
Tax Map Page
$9
Zoning Map
$9 (If sold separately from the Zoning Ordinance)
Street Map
$9
For larger documents, (i.e., plans)
$1.50 per square foot
Master Plan
$50 w/reexamination report
Information on CD or DVD
$1 per CD or DVD
Computer generated picture (B/W or color)
$0.05 per page
Copy of computer screen
$0.05
b. 
Except as otherwise provided by law or regulation, $0.05 per letter size page or smaller, and $0.07 per legal size page or larger.
c. 
Postage and surcharges. Postage costs will be added to all requests for public records required to be mailed and will be determined at time of request.
d. 
Extraordinary service charges shall be applied for any extensive use of information technology or for the labor cost of personnel providing the service that is actually incurred by the agency for the programming, clerical and supervisory assistance required to provide a government record in the medium requested if it is not a medium routinely used by the agency; not routinely developed or maintained by an agency or requiring a substantial amount of manipulation or programming of information. This service charge shall also be imposed where the agency must make an extraordinary expenditure of time and effort to accommodate a request to inspect government records.
e. 
The rates for extraordinary service charge shall be: $45 per hour for supervisory or programming; $35 per hour for clerical.
All government records shall be subject to the provisions of this section unless otherwise provided by law or regulation. Any officer or employee of the township who receives a request for access to a government record shall forward the request or direct the requestor to the custodian of government records.
The access form to be adopted by the custodian of government records shall elicit the name, address and phone number of the requestor and a brief description of the government record(s) requested and shall also include the following:
a. 
Space for the custodian to indicate which record(s) shall be made available;
b. 
Specific directions and procedures for requesting records;
c. 
The fee schedule;
d. 
A statement whether a prepayment of fees or a deposit is required;
e. 
The time period in which access will be provided;
f. 
A statement of the requestor's right to appeal a decision by the custodian denying access and the procedure for appealing such decision;
g. 
Space for the custodian to list the reasons for any denial of a request for access including a citation of the authorization for such denial; and
h. 
Space for the custodian to sign and date the access form upon its completion.
[Ord. #91-604]
There is hereby established in the Township of Branchburg in the County of Somerset and State of New Jersey a fire department which shall be known as the Fire Department of the Township of Branchburg.
The duties of the Fire Department shall be the extinguishing of fire and the prevention of fire and the maintenance of equipment and apparatus and an efficient organization to implement and carry out these purposes.
The Fire Department of the Township of Branchburg shall consist of the Neshanic Volunteer Fire Co. No. 1, Inc., the North Branch Volunteer Fire Co., Inc. and such other companies as the township committee may authorize and approve.
The membership of the Fire Department of the Township of Branchburg shall include the members of the Neshanic Volunteer Fire Co. No. 1, Inc., the North Branch Volunteer Fire Co., Inc. and the members of such additional fire companies as the township committee may authorize and approve.
a. 
No person shall hereafter become a member of the Fire Department of the Township of Branchburg unless said person is between the ages of 18 and 41 years and a resident of the State of New Jersey and shall be physically fit to perform the duties of a fireman as evidenced by a certificate to that effect executed by a licensed medical doctor of the State of New Jersey.
b. 
Every member of the fire department shall, in each year, perform at least 60% of duty to be composed of actual attendance and duty at fires and drills and such other duties as may be required by the individual fire company to which said member belongs.
c. 
Every person seeking to join the fire department shall make application to the company which he or she desires to join and upon election to membership, in accordance with the rules and regulations as established by the New Jersey State Firemen's Association and the regulations of the individual company, he or she shall become a member in good standing of the fire department.
Each fire company shall maintain records establishing the membership and officers of the company and shall, on or before the 30th day of January of each year, file with the municipal clerk a report stating all of the members and officers of the company and amendments to this report shall be filed on a regular basis in the event of the addition or deletion of members or a change in officers.
Any member of the fire department shall be entitled to an Exempt Fireman Certificate when the qualifications as established in N.J.S.A. 40A: 14-56 have been established.
[Ord. #91-610]
There is hereby established in the township the position of municipal land surveyor. The municipal land surveyor shall be appointed by the township committee to an initial term of June 1, 1991, through December 31, 1991 and thereafter shall be appointed for a one-year term commencing on January 1 of each year, the compensation for said position to be established by salary ordinance and annual salary resolution.
The municipal land surveyor shall be qualified by holding a land surveying license.
[1]
Editor's Note: Former Section 2-26, Licensed Laboratory Manager, previously codified herein and containing portions of Ordinance No. 91-610 was repealed in its entirety by Ordinance No. 2000-818. See subsection 2-12.4f.
[Ord. #91-620]
The Township Committee of the Township of Branchburg hereby proposes that the part of the sewerage service area of the Township of Branchburg as delineated in the map[1] attached to and made a part of this section (hereinafter "service area") shall be a part of the contiguous sewerage authority known as the Somerset Raritan Valley Sewerage Authority (hereinafter "SRVSA").
[1]
Editor's Note: The map referred to herein may be found in the office of the township clerk attached to Ordinance No. 91-620.
The Township Committee of the Township of Branchburg hereby:
a. 
States that the number of members to be appointed to the SRVSA by the Township of Branchburg shall be two, which members shall be appointed for full terms of office by the Township Committee of the Township of Branchburg;
b. 
Determines that, after the filing of a certified copy of this section and a resolution of the SRVSA in accordance with N.J.S. 40:14A-4(m)(i), the service area shall be a part of the SRVSA;
c. 
Requests that the SRVSA approve this section by resolution in accordance with N.J.S. 40:14A(m)(i) and file such resolution in the office of the Secretary of State of the State of New Jersey.
The Township Clerk of the Township of Branchburg is hereby directed to file a certified copy of this section in the office of the Secretary of State of the State of New Jersey and to transmit a certified copy of this section to the Secretary of the SRVSA.
[Ord. #98-746]
The following words and phrases shall have the following meanings:
INDIGENT DEFENDANT
Shall mean a person who is entitled to be represented by a municipal public defender, and does not have the present financial ability to secure competent legal representation, as determined by Section 9 of P.L. 1997, c. 256 and guidelines promulgated by the New Jersey Supreme Court.
MUNICIPAL COURT
Shall mean a municipal court established pursuant to N.J.S. 2B:12-1.
MUNICIPAL PUBLIC DEFENDER
Shall mean a person appointed to represent indigent defendants in proceedings over which the municipal court has jurisdiction, in accordance with P.L. 1997, c. 256.
The office of municipal public defender for the municipal court of the Township of Branchburg is hereby established. This office shall be subject to the administrative supervision of the municipal court judge. The public defender shall receive such compensation as shall be fixed by the township committee in accordance with law.
The municipal public defender shall be appointed by the township committee to serve for a term of one year commencing January 1st of each year and until a successor shall have been appointed and qualified. Any vacancy in the office of municipal public defender shall be filled for the balance of the unexpired term. The municipal public defender shall be an attorney-at-law of the State of New Jersey in good standing and shall possess such other qualifications as may be required by law.
The municipal public defender shall represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in municipal court who is an indigent defendant entitled to representation. All necessary services and facilities of representation, including both expert and lay investigation and testimony as well as other preparations, shall be provided in every case. The municipal public defender shall be responsible for handling all phases of the defense, including but not limited to discovery, pre-trial and post-trial hearings, motions, removals to Federal District Court and other collateral functions reasonably related to the defense. As used in this subsection, "post-trial hearings" shall not include de novo appeals in Superior Court. The municipal public defender shall perform such other duties as may be required by law.
Any person applying for representation by the municipal public defender shall, upon the filing of any such application, pay an application fee of not more than $200, but only in an amount necessary to pay the costs of the municipal public defender services; provided, however, the municipal court may waive the application fee in whole or in part, if it is determined by the court, in its discretion, that imposition of the application fee would impose an unreasonable financial burden on the person seeking representation.
Fees collected pursuant to subsection 2-28.5 of this section shall be deposited in a dedicated fund administered by the chief financial officer of the township.
Fees collected pursuant to subsection 2-28.5 of this section shall be used exclusively to meet the costs incurred in providing the services of the municipal public defender including, when required, expert and lay investigation and testimony. However, nothing in this subsection shall require the township to pay for expert and lay investigation or testimony for a period of one year after the effective date of this section.
[Ord. #2005-986; Ord. #2014-1249]
In this section, the following words and phrases shall have the following meanings:
CONTAINMENT, ABATEMENT OR CLEANUP COSTS
Shall mean all costs incurred by the township or a volunteer emergency services company in (1) the removal or attempted removal of any hazardous substance; or (2) the extinguishment of fires involving a hazardous substance; or (3) the taking of reasonable measures to prevent or mitigate damage to public health, safety, or welfare, including but not limited to public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
COSTS
Shall mean all costs incurred by the township or a volunteer emergency services company, including but not limited to the following: actual labor costs of personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials. A costs fee schedule shall be established by resolution of the township committee and amended from time to time.
DISCHARGE
Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land or into the air.
HAZARDOUS SUBSTANCE
Shall mean any elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey or as are defined in the N.F.P.A. Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency, or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency. This definition shall also include substances that the emergency management coordinator has reason to believe may be hazardous substances.
MATERIALS
Shall mean all materials, including but not limited to firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment such as acid suits, acid gloves, goggles and protective clothing.
PERSON
Shall mean any public or private corporation, company, association, society, firm, partnership, joint stock company, individual, or other entity.
PETROLEUM PRODUCT
Shall mean oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
The township and volunteer emergency services companies in the township are hereby authorized to clean up and remove any discharge of hazardous substance (but not to exceed level one first responder awareness and first responder operational) which occurs within the township, or outside the boundaries of the township when authorized by agreement between the township and any other governing body.
Any person who causes, by act or omission, or is otherwise responsible for, a discharge of any hazardous substance which is cleaned up or abated by the township or a volunteer emergency services company, including the owner of real or personal property from which a discharge of hazardous substances occurs, shall be liable for the payment of all costs incurred by the township and the volunteer emergency services company as a result of such cleanup or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.
[Ord. #2010-1156; Ord. #2011-1183]
The wildlife management committee shall be appointed by and report to the township committee. The wildlife management committee shall be comprised of at least five but not more than seven members. A majority of the members shall be actively engaged in hunting. The township committee shall appoint a township committee liaison and a staff liaison to the wildlife management committee. The staff liaison shall be responsible for administrative responsibilities of the wildlife management program including the assignment of hunt clubs to approved parcels, and shall report to, and coordinate with, the township administrator, the wildlife management program and available lands for harvesting of wildlife.
Members of the wildlife management committee shall serve staggered terms of three years with the exception of the member from the township committee who shall serve a term of one year.
The wildlife management committee shall organize within 30 days after the appointment of its total membership for the remainder of the calendar year and thereafter annually. The wildlife management committee shall select from among its members a chairperson and other such officers as it may deem necessary. The chairperson shall be a resident of the municipality. The wildlife management committee may establish rules of order and shall meet at least once annually and from time to time as deemed necessary to meet its responsibilities.
The responsibilities of the wildlife management committee shall be as follows:
a. 
To become fully aware of open land within Branchburg Township.
b. 
To analyze how the township committee can best harvest wildlife within Branchburg Township in accordance with best hunting practices and in accordance with the laws of New Jersey.
c. 
To determine existing problems facing property owners, agriculture, and traveling within the Township of Branchburg and to recommend reasonable solutions to the township committee to overcome those existing problems.
d. 
To educate the public in understanding the need for wildlife management and negative effects of feeding wildlife and encourage existing farmers and property owners to open their lands for wildlife harvesting.
e. 
To promote the harvest of wildlife an effective and coordinated manner.
f. 
To promote compliance with the State of New Jersey Game Laws (N.J.S.A. 23:1-1 et seq.)
g. 
To recommend to the township committee reasonable and desirable changes to this listing of responsibilities.
h. 
To advise on any task referred to the wildlife management committee by the township committee having to do with wildlife related activities.
The wildlife management committee shall receive from officials, employees, consultants and all authorized boards, departments and offices of the Township of Branchburg, such assistance as may be required in performing its aforesaid duties.
The wildlife management committee's powers relative to regulation of any activity are specifically limited to its making recommendations to the township committee as to the adoption of the same.
[Ord. No. 2018-1337]
There is hereby created a Youth Services Committee of the Township.
[1]
Editor's Note: Prior history includes Ord. No. 2012-1209 regarding the Youth Services Commission.
[Ord. No. 2018-337]
The Youth Services Committee shall serve as the Committee of the municipality in accordance with the guidelines of the Somerset County Youth Services Commission.
[Ord. No. 2018-1337]
The Youth Services Committee shall be appointed by and report to the Township Committee and shall be comprised of the seven regular members of the Parks and Recreation Committee and members of the public as desired to include, but not be limited to, Alternate Parks and Recreation Committee members, Mayor, Chief of Police, Superintendent of Schools, Recreation Director, Board of Education representative, Juvenile Police Officer, School representatives, citizens and youth. A member of the Township Committee shall serve as liaison.
[Ord. No. 2018-1337]
Members of the Youth Services Committee shall serve for three year terms concurrent with their term on the Parks and Recreation Committee. Members may be appointed for unlimited, consecutive terms.
[Ord. No. 2018-1337]
The Youth Services Committee shall establish By-Laws, approved by resolution of the Township Committee, as a means of governing the Committee's conduct, affairs and responsibilities.
[Ord. #2012-1210]
The Municipal Alliance for the Prevention of Drug & Alcohol Abuse Committee shall be appointed by and report to the Township Committee and will be comprised of eight members of the public at large, a representative from the Branchburg Police Department, Superintendent of Schools, school and school board representatives and a member of the Township Committee as liaison.
Members of the Municipal Alliance for the Prevention of Drug & Alcohol Abuse Committee shall serve for one year terms. Members will be appointed or reappointed during the Township Committee's reorganization meeting.
The members of the Municipal Alliance for the Prevention of Drug & Alcohol Abuse Committee will be dedicated to a coordinated effort to promote and support alcoholism and drug prevention education programs and related activities with an emphasis on all ages along the developmental life processes by:
a. 
Conducting an assessment of the community's alcoholism and drug abuse prevention resources and needs to determine the needs of the community.
b. 
Develop programs to be implemented at the municipal level that accomplish the purpose of the Alliance effort.
c. 
Assist the municipality in acquiring funds for Alliance programs including the application and implementation process of the County grant program.
d. 
To cooperate with the Governor's Council on Alcoholism and Drug Abuse, the County Local Advisory Committee on Alcoholism and Drug Abuse and the Alliance Steering Subcommittee to provide municipal data, reports or other information which may be required for the County Annual Municipal Alliance Plan or need to assist the Alliance effort.