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.
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.
[Added 3-14-2022 by Ord.
No. 2022-1422]
a. The Township of Branchburg shall appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for overseeing
the Township's affordable housing program, including overseeing the
administration of affordability controls on the affordable units and
the affirmative marketing of available affordable units in accordance
with the Township's Affirmative Marketing Plan; fulfilling monitoring
and reporting requirements; and supervising administrative agent(s).
The Municipal Housing Liaison shall be appointed by resolution of
the governing body and may be a full- or part-time municipal employee.
The Municipal Housing Liaison shall be duly qualified through a training
program sponsored by Affordable Housing Professionals of New Jersey
before assuming the duties of Municipal Housing Liaison.
b. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Branchburg
Township, including the following responsibilities which may not be
contracted out to an administrative agent:
1. Serving as Branchburg's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
2. Monitoring the status of all restricted units in Branchburg's Fair
Share Plan;
3. Compiling, verifying, submitting and posting all monitoring reports as required by the Court and by Article
XIII, Affordable Housing, of the Land Development Ordinance of the Township of Branchburg;
4. Coordinating meetings with affordable housing providers and administrative
agents, as needed; and
5. Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing at least annually
and more often as needed.
[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]
[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.
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.
[Prior § 2-8.4 Parks and Recreation Committee was
repealed 9-11-2023 by Ord. No. 2023-1460. History includes Ord. #2001-868
§ 1; Ord. #2002-906 § 1; Ord. #2003-917 §§ 1-3;
Ord. #2014-1254; Ord. No. 2021-1403.]
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]
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.
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.
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.
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]
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.
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]
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.
[Ord. #79-357; Ord. #82-422; Ord. #94-673; Ord. #2000-810;
Ord. #2001-853; Ord. #2001-869]
[Amended 12-28-2020 by Ord. No. 2020-1401]
There is hereby established in and for the Township of Branchburg
a police department, which may consist of a chief of police, a captain,
lieutenants, sergeants, corporals and police officers as determined
to be needed and, 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.
[Amended 12-28-2020 by Ord. No. 2020-1401]
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. If the office of chief of police is not filled, the Appropriate Authority, according to law, may employ and appoint an officer-in-charge to act as the administrative supervisor of the department. Any such officer-in-charge shall serve without tenure at the pleasure of the Appropriate Authority and discharge such duties to oversee and operate the department as may be assigned, including such duties and responsibilities as set forth in subsection
2-18.6 paragraphs a through u as appropriate to his or her position. The officer-in-charge shall not be a uniformed member of the Police Department of the Township of Branchburg.
d. 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 medical examination;
[Amended 9-12-2022 by Ord. No. 2022-1438]
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.
[Amended 9-28-2020 by Ord. No. 2020-1391]
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/her 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 department rules, regulations and
procedures.
e. All agreements for special duty assignments shall be contracted for
in accordance with procedures set forth by the Police Department or
in accordance with the terns of any agreement between the township
and an entity designated by the township to manage said special duty
assignments on behalf of the township. A copy of each agreement shall
be kept on file with the police department or its designated management
company. An escrow deposit, made payable to the Township of Branchburg
or the township's designated management company, equaling the anticipated
costs to be incurred during the duration of the project, shall accompany
the contract and be turned over to the finance department or the township's
designated management company. 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 or the township's designated management
company 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 finance department, the officers shall be paid from
the escrow fund or if a contracted special duty management company,
the company will electronically transfer funds, with a report of hours
worked, to the finance department for payroll payments to the officers.
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 or as outlined in any agreement
between the township and a designated special duty management company.
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 or township
designated management company, 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 and/or the township's designated
management company. The hourly rate, administrative charges and all
other fees for special duty assignments shall be set forth in a resolution
and/or agreement 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. The certificate of insurance shall name the township as an additional insured and include the township's business address of 1077 US Highway 202 North, Branchburg, NJ 08876. In addition, the description shall state the Township of Branchburg is an additional insured in accordance with the terms outlined in the Township' s Municipal Code Section
2-18.11.
[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.
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.
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.
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.
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;
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.
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.
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.
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 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").
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.
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.
[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.
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.